Have you seen this?

[Imzadi]

I haven't read the entire thread, but what the so called "bikers" did reminds me of the swoop and squat the crooks do to stage accidents and get money. Swoop up on a vehicle, block it, stop short causing the innocent party to tap/hit the car in front. The offending party, then claim injuries and sues the innocent driver. I know lots of bikers and true bikers NEVER would behave like this crazed pack did. And for the injured biker, it's called assumption of the risk and in some states any damages awarded would be reduced by a percentage determined by a jury.

Interesting. Just Googling this, one website said:

"Implicitly marking the 20th anniversary of its seminal decision in Knight v. Jewett, 3 Cal.4th 296 (1992), which established the doctrine of primary assumption of the risk, the California Supreme Court confirmed both the continuing vitality and breadth of that decision in Nalwa v. Cedar Fair, __Cal. 4th__ (S195031, 2012). In Knight, a plurality of the Supreme Court held that a player in a touch football game had no duty to prevent injuries resulting from the inherent risk of playing this contact sport. In Nalwa, the court confirmed 6-1 that this doctrine remains the law in California and that it extends to the operator of bumper cars at an amusement park, and the inherent risks of, well, bumping. In both cases, the court held that the only duty of operators, sponsors and fellow participants engaged in a recreational activity with inherent risks was not to increase those risks. [snipped. . .]

However, the language in Knight and Ford is broader than just sports or athletics, and more generally addresses recreational activities, repeatedly referring to the inherent risk in "the activity or sport" at issue. Following suit, a recent lower court decision abandoned any pretense that an activity had to be considered a sport and applied primary assumption of the risk to an injury resulting from participation in the closing fire ritual at the annual Burning Man festival, an event that was not, in any way, a sport. In Beninati v. Black Rock City, 175 Cal.App.4th 650 (2009), the plaintiff tripped and fell into the remains of a substantial bonfire, having deliberately walked through the remaining embers. In essence, the court found that if you play with fire, you may well get burned, and no one else has a duty to prevent this."


http://www.sdma.com/primary-assumption-of-the-risk--20-years-later-nalwa-confirms-the-vitality-and-breadth-of-iknight-i-02-06-2013/

 

[Imzadi]

On GMA, they reported that the NYPD has identified the man who smashed in the driver's door window and pulled the SUV driver out and beat him. He is the NYPD's most wanted man. (Due to all the national publicity, no doubt. )

 

[PrincessKsMom]

Sadly, I must admit, because of the media coverage, no matter what the legal ramifications are, I feel that this family will be targeted by these bikers and their supporters for some time after all of this has died down. They have been publicly exposed for their actions and will probably want some sort of revenge.

My question is what biker put that particular video out there to be viewed? Were they doing it because they felt guilty and wanted the world to see the truth, or did they really think that there was nothing incriminating in that video?

My guess is he thought it would show how bikers are unfairly targeted on the road

 

[Imzadi]

My guess is he thought it would show how bikers are unfairly targeted on the road

Yes, he purposely cut off the video on YouTube right before the beating. The police got a search warrant for his apartment and now have the whole video tape. The rest will probably be played in court. I can't imagine that they can show it on TV and not have a hard time getting an impartial jury against the beaters.

 

[luvmy3]

http://www.bostonglobe.com/metro/20...torcyclists/jHju3V1xAOsdF6Q2vT8BaL/story.html

Fox 25 is reporting that the injured biker has a 6 page arrest record from the age of 12 including 4 different jail sentences for drugs and gun charges and he also has a open case pending in Lowell District Court.

I'm really surprised, he seemed to be such an upright citizen just going to the aid of his friend

Those videos are horrifying to watch and I can imagine what that poor family was feeling at the time. My heart and sympathies go out to them.
Those bikers can rot.

 

[elgerber]

Sadly, I must admit, because of the media coverage, no matter what the legal ramifications are, I feel that this family will be targeted by these bikers and their supporters for some time after all of this has died down. They have been publicly exposed for their actions and will probably want some sort of revenge.

My question is what biker put that particular video out there to be viewed? Were they doing it because they felt guilty and wanted the world to see the truth, or did they really think that there was nothing incriminating in that video?

I also fear that for the family.

As fas as putting up the video, I think he is such an idiot, that he thought that video would incriminate the driver instead of them. Without that video being all over the place, the police wouldn't have been able to see right away, that Cruz stopped his bike in front of the SUV starting this whole thing. Posting that video backfired on them in a major way. Of course I really have no idea, but it's the only thing that makes sense in my head.

 

[PrincessKsMom]

Yes, he purposely cut off the video on YouTube right before the beating. The police got a search warrant for his apartment and now have the whole video tape. The rest will probably be played in court. I can't imagine that they can show it on TV and not have a hard time getting an impartial jury against the beaters.

I'm thinking the videographer is going to have to go into hiding as well. Can't imagine they're happy with him at the moment. Just goes to prove what a dumb butt he is by posting that video online.

 

[Colleen27]

The GMA article says it was a helmet cam - I know a lot of race car drivers, bicyclists, etc use them, so it may have been innocent (the videotaping). However, this gang has done this before, so maybe the videotaping wasn't so innocent.

Since they like to post videos of their activity on YouTube, I think it was a safe bet that they were filming to boast about another "stunt". There's one out there, I'm not sure if it is still available, that shows the same group plowing through Times Square, some of them riding on the sidewalks, some standing on the seats of their ATVs as they fly down the road, the group mobbing up to block traffic for one another, etc.

If I my car was surrounded in the manner described in this story I would assume I was going to be killed and would have no problem using my car as a weapon against anyone in the group to get away. None of the motorcycle drivers were innocent and if they are hurt or paralyzed it is their own fault. If one member of the group started to slash the tires and beat the car everyone there who didn't stop him or leave is just as guilty as the one doing the damage. Sorry but all of them deserve exactly what they get whether it be jail or paralysis.

If I were with a group that started doing anything like that I'd either try to stop them or leave and call the police myself to let them know what is going on and who is involved. That is what I expect from every single biker involved in this incident.

The biggest mistake the SUV driver made was leaving the highway. It allowed him to get trapped.

These idiots give true bikers a bad name.

It doesn't seem especially accurate to even use the label "bikers" because this group isn't bikers in the sense that it is usually understood. Heck, a lot of them aren't even on street legal motorcycles. They're running around on ATVs and dirtbikes! They certainly aren't bikers in the Harley riding, leather wearing, Hell's Angels sense. Not that all "true" bikers are necessarily model citizens - as the daughter of an outlaw biker I know that particularly well - but they do tend to live by a certain code that wouldn't permit this sort of thing.

 

[CdnCarrie]

i wonder what the first confrontation was...

One of the bikers brake checked. He's been arrested.

From CNN -

But they arrested Christopher Cruz, who is seen slowing in front of the Range Rover before he was bumped.

Cruz, 28, was in court Wednesday on misdemeanor charges including reckless driving. Cruz's attorney told reporters that his client is not guilty.

Cruz was to be released after posting $1,500 cash bail and a $15,000 insurance bond. In addition, his license was suspended, and he was ordered to surrender his passport.

 

[bellebud]

One of the bikers brake checked. He's been arrested.

From CNN -

But they arrested Christopher Cruz, who is seen slowing in front of the Range Rover before he was bumped.

Cruz, 28, was in court Wednesday on misdemeanor charges including reckless driving. Cruz's attorney told reporters that his client is not guilty.

Cruz was to be released after posting $1,500 cash bail and a $15,000 insurance bond. In addition, his license was suspended, and he was ordered to surrender his passport.

1500 cash bail? really? why not just make it a quarter? that's really kinda silly.

 

[Krista in MA]

1500 cash bail? really? why not just make it a quarter? that's really kinda silly.

Not to mention they suspended his license.... Being the upstanding citizen that he is, following all the rules of the road <snort>, I'm sure he won't attempt to drive anywhere / anything with a suspended license. @@

Re: the thugs putting out the video - as it's already out that some don't have licenses, some bikes don't even have plates, etc., and they release videos of themselves breaking multiple laws, there's no doubt in my mind that they released the video as a "badge of honor" of sorts, and thought they'd get away with it. Hey everyone! We're a bunch of bad-butts!

Thugs - meet Karma

 

[mefordis]

Also, the driver will end up broke from legal fees. I suspect he will be sued by a few different people. The motorcyclists could actually win a LOT of money. Depends on the jury.

In this situation everyone suffers.

Sadly, I must admit, because of the media coverage, no matter what the legal ramifications are, I feel that this family will be targeted by these bikers and their supporters for some time after all of this has died down. They have been publicly exposed for their actions and will probably want some sort of revenge.

My question is what biker put that particular video out there to be viewed? Were they doing it because they felt guilty and wanted the world to see the truth, or did they really think that there was nothing incriminating in that video?

 

[Albort]

One of the bikers brake checked. He's been arrested.

From CNN -

But they arrested Christopher Cruz, who is seen slowing in front of the Range Rover before he was bumped.

Cruz, 28, was in court Wednesday on misdemeanor charges including reckless driving. Cruz's attorney told reporters that his client is not guilty.

Cruz was to be released after posting $1,500 cash bail and a $15,000 insurance bond. In addition, his license was suspended, and he was ordered to surrender his passport.

from what ive read, it says it all started BEFORE the brake check. like they tried to get him to move over or something but couldnt, THEN the brake check...

Also, the driver will end up broke from legal fees. I suspect he will be sued by a few different people. The motorcyclists could actually win a LOT of money. Depends on the jury.

In this situation everyone suffers.

i really not sure how they can win. The guy who got hurt the most doesnt even have a license to start out with.

 

[PrincessKsMom]

NY NBC saying unconfirmed report that among the riders was an off duty NYC police officer

 

[kacaju]

from what ive read, it says it all started BEFORE the brake check. like they tried to get him to move over or something but couldnt, THEN the brake check...

Well..it is not their legal right to make anyone move over or something. If the man in the SUV was doing something *wrong* then they should be taking their own advice and called the police themselves to report it...not try to *stop him* themselves.
I have seen idiots like this on the road doing tricks and it is downright scary to see 2-4 idiots doing stupid tricks on the highway.

 

[Albort]

Well..it is not their legal right to make anyone move over or something. If the man in the SUV was doing something *wrong* then they should be taking their own advice and called the police themselves to report it...not try to *stop him* themselves.
I have seen idiots like this on the road doing tricks and it is downright scary to see 2-4 idiots doing stupid tricks on the highway.

i know, im just curious on what the first confrontation was, like did they tell him to move over and he refuses which got the biker to brake check him?

 

[kacaju]

i know, im just curious on what the first confrontation was, like did they tell him to move over and he refuses which got the biker to brake check him?

My guess...and it is just a guess...I bet he didn't *listen* to them when they tried to clear the road to do their tricks...if you watch the video of after he ran over the guy to get away....there are no cars on the road...look at the other side...there are plenty of cars. I have driven on that road before and there are ALWAYS cars on it. again...that is just my guess after reading and watching all the news coverage

 

[DisneyHonu]

This is such a heart-wrenching story.

I can only pray that I would have the courage to escape as Mr. Lien did. I can only pray that I would not freeze up and let the mob tear apart my car where my 2 year old daughter sat. I can only pray that I can have the strength to protect my family.

 

[3 MEN AND A BOAT]

This is such a sad story for the family.

I strongly believe had that been me their would have been way more injured bikers. I might have tried escaping at first but after they opened my door, tried dragging me out and then chased me, I would have began using my car as a battering ram and darted at them, once cornered it would turn to a gunfight.

 

[bcla]

Sadly, I must admit, because of the media coverage, no matter what the legal ramifications are, I feel that this family will be targeted by these bikers and their supporters for some time after all of this has died down. They have been publicly exposed for their actions and will probably want some sort of revenge.

My question is what biker put that particular video out there to be viewed? Were they doing it because they felt guilty and wanted the world to see the truth, or did they really think that there was nothing incriminating in that video?

I doubt it. These guys aren't like outlaw motorcycle gangs that believe in payback. Part of why they engage in this kind of activity in large groups is that it's semi-anonymous, and they get caught up in a mob mentality. I heard quite a few in this group didn't even know each other. I'm guessing that getting caught didn't necessarily enter their minds when they were high on adrenaline. I'm not saying they've got clean records, but I frankly doubt that more than maybe a handful of these guys have any kind of serious criminal assault records, and likely nothing more than bar fights.

At this point I would think they're mostly trying to keep from being identified. They probably have jobs where getting arrested and convicted completely changes their life. After it dies down, I doubt anyone wants to risk jail time.