throw some trash out when a biker hit my door and went flying ....... he got up and punched me out. (gave me a black eye).............i mazed him and kicked him in the you know where.... now he cant ride his crotch rocket...... should i be held accountable
2007-09-14 06:55:45 · 15 answers · asked by Anonymous in Cars & Transportation ➔ Motorcycles
not at all was he splitting lanes?
2007-09-17 04:56:03 · answer #1 · answered by Anonymous · 0⤊ 0⤋
First, Did you look to see if anything was coming before you opened the door? Was it safe to open the door? What would have happened if it were a car or semi truck coming down the road? Look twice before you open your door in the future.
Second, the first really don't matter much as far as I'm concerned.
The rider should have been watching for people in the parked cars if he was riding that close to them. All riders know a parked car is just as dangerous as a moving car(well not him). Choosing a better lane position that kept him away from the parked cars may well have prevented the crash in the first place.
2007-09-14 22:16:26 · answer #2 · answered by csburridge 5 · 0⤊ 0⤋
Yes and No....
First you should always look behind you before opening the door into the traffic side, cars, motorcyclist and bicyclist are often not expecting it... its your responsibility as a driver to look out for them.
Second it isn't appropriate to throw trash from your car into
the street, better to wait to get where you're going then put in a proper trash container...
(if a motorcyclist or bicyclist hit the trash you threw out while braking and they crashed and got injured you'ld be liable for their injuried if it were proven you put it there)
You have a right to defend your self from assault and battery but only to the extent of causing the offender to no longer be a threat to you...
macing the guy and the crotch kick did make him no longer a threat to you by incapacitating him...(in most states such is proper legal self defense)
he reacted in the wrong also and shouldn't have punched you ...
his proper recourse would have been contact the police and also notify your insurance company and being checked over immediately at nearest hospital....
My advice is immediatel contact an Attorney who handles maters in that legal area for advice and to keep you out of further trouble...
also seek advice on putting a battery charge against biker and have his record checked for simular incidents
Walt
2007-09-14 14:19:06 · answer #3 · answered by Ronk W 4 · 2⤊ 1⤋
Well, I doubt you opended your door at 70 mph to throw out trash, therefore I assume you were either parked alongside the road or stopped in traffic. Sure, you shouldn't have been throwing out trash, but that's irrelevant. If you were parked alongside the road, he should have been smart enough to move left and never assume a car is not occupied. If stopped in traffic, he must have been splitting lanes. That practice is risky at best and illegal if the cars aren't moving. I doubt that was the first risky or stupid move he ever made and the little smart a*s got what he was asking for. Something like that was bound to catch up with him sooner or later.
2007-09-14 14:53:21 · answer #4 · answered by bikinkawboy 7 · 1⤊ 2⤋
In Ohio, it is against the law to open and get out of your car from the drivers side. A somewhat out of date law, but it is on the books. So if you are from Ohio or another state that has such a law, one strike against you. Since He assaulted you, a more serious charge, a strike against him.
2007-09-14 15:14:22 · answer #5 · answered by soilguy2 3 · 1⤊ 0⤋
Of course you can (and should) be held accountable. First of all, you shouldn't be dumping trash out of your car; second, you should have looked before openiong the door; third, and finally, use of mace was uncalled for. I hope you got arrested. Good luck!
2007-09-14 14:08:32 · answer #6 · answered by Kiffin # 1 6 · 1⤊ 1⤋
I'm having a hard time believing this but you can always use self defense.
Next Time LOOK before you open your door, you could have killed him and his life to your black eye is nothing!
2007-09-14 17:37:25 · answer #7 · answered by Tina 5 · 1⤊ 0⤋
WTF?
Ehh, what you on about? This does not even make sence.
You had maze on you whilst taking the trash out?
You loser.
2007-09-14 14:07:25 · answer #8 · answered by Anonymous · 0⤊ 0⤋
Yup. Opening your door like that is illegal. Your insurance will pay for his bike and his medical.
2007-09-14 15:44:29 · answer #9 · answered by Anonymous · 0⤊ 0⤋
YES you should be held accountable. you could have killed him. and you deserved the black eye. next time you'll look before you leap
2007-09-14 16:12:28 · answer #10 · answered by NOTHING BETTER TO DO 2 · 1⤊ 1⤋
No, because you were defending yourself. It's his fault for not seeing your door and not getting out of the way. What a dumb(fill in the blank as you wish). Because he hit you first, he is at fault for 1. property damage 2. assault. I hope you called your insurance. Good luck to you.
2007-09-14 14:12:30 · answer #11 · answered by Laura C 2 · 1⤊ 4⤋