Soren
Should be Riding
Reged: 01/12/05
Posts: 12034
Loc: Beaverton, OR
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http://www.amadirectlink.com/news/2006/Laws.asp
Oklahoma, New Hampshire pass new laws consistent with Justice for All
A new law in Oklahoma adds a fine of up to $1,000 for drivers found guilty of right-of-way violations that cause serious injury or death, in addition to the usual fines for a traffic offense.
The measure, signed into law April 25, 2006 by Gov. Brad Henry, is consistent with the AMA's Justice for All campaign and addresses the issue of inadequate sentencing for drivers who kill or injure other road users, including motorcyclists. ABATE of Oklahoma members led lobbying efforts to get the law passed in their state.
Elsewhere, in New Hampshire, a new law was approved mandating motorcycle-awareness training as part of the drivers education curriculum. Motorcycle-awareness training is another important component of the Justice for All campaign.
"We're starting to see the fruits of the effort we began two years ago when we launched Justice for All," said Edward Moreland, AMA vice president for government relations. "Motorcyclists working at the grassroots level across the country have built on the campaign to get laws passed state by state, and momentum is still building."
The AMA launched the Justice for All effort in response to numerous instances across the country in which drivers killed or injured motorcyclists and walked away with minor fines. In many cases, state laws do not provide for additional fines beyond a simple ticket for a traffic offense. As a result, there were cases such as one in Iowa in which a driver killed three motorcyclists and injured two others and only had to pay a fine of $70.
In addition to the new law in Oklahoma, AMA members and other motorcyclists' rights organizations have succeeded recently in getting similar laws approved in Iowa and West Virginia.
In New Hampshire, the new law calls for the inclusion of 45 minutes of motorcycle-awareness instruction as part of the classroom portion of the drivers education curriculum
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•Triumph Connection
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PapaDean
3/4 Throttle
Reged: 01/13/05
Posts: 922
Loc: Sun City West, Arizona
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This is good news, of course, and it is about criminal violations.
Remember, though, that the offender can be sued in a civil action, much the way O.J. Simpson and Robert Blake were, after their criminal trials ended in not guilty verdicts. Those actions were wrongful death suits.
The burden of proof is lower in a civil action than a criminal one, so it is usually easier for an injured party to prevail, even if the perp "got off" in his criminal case.
Note, however, that a losing defendant can sometimes sidestep a finding against him by filing bancruptcy, or, as in O.J.'s case, move out of the state.
(O.J. has spent almost all his money, and the only income he has is his NFL pension. Under Florida law, where he now lives, pensions are protected from attachment in a civil action award; and the California court has no jurisdiction there.)
NOTE: I'm not an attorney, but I was a paralegal years ago. Hopefully, you'll never have to go through this, but if a spouse or close family member is killed, retain an attorney immediately!!
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bennybmn
Should be Riding
Reged: 01/11/05
Posts: 12689
Loc: Long Island, NY
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And retain one in the state in question and one who specializes in that particular field!! My dad is a lawyer, but in Vermont. When my girlfriend's dad had a stroke (in Florida) her mom was all worried their retirement fund would get drained by medicaid/care or whatever, and my dad's advice was to get a lawyer down there. He knew the laws for Vermont and NY, but I knew they were probably a lot different down there! If you have a lawyer you trust that does not specialize, get them to find one for you.
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Benny
Black & Silver '02
Too many mods to list
Not enough miles ridden
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Dinqua
Worn Saddle
Reged: 01/11/05
Posts: 6261
Loc: Honeoye, New York
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Quote:
Note, however, that a losing defendant can sometimes sidestep a finding against him by filing bancruptcy, or, as in O.J.'s case, move out of the state.
Or be a former Governor or active Congressman, of say, South Dakota. 
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A word to the wise is not necessary. It is the stupid ones who need the advice.
Pat
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