What would happen in a case like that in Ireland ?

peter kern

http://forum.slowtwitch.com/gforum.cgi?do=post_view_flat;post=4869806;page=1;sb=post_latest_reply;so=ASC;mh=25;

sconhome

I thought it was just a Deja-Vu feeling!!

No harm linking the back story on the previous discussion http://www.boards.ie/vbulletin/showthread.php?p=83612049

sconhome

peter kern wrote: »

http://forum.slowtwitch.com/gforum.cgi?do=post_view_flat;post=4869806;page=1;sb=post_latest_reply;so=ASC;mh=25;

Interesting thing which I definitely missed the first time is that the pro's are invited guests of the organisation.

While any event organiser has a duty of care for participants, I would expect there to be a higher level of protection for pro's who make their living racing these events.

tunney

Yawn. He broke the law, "BUT I AM AN AMERICAN"

"Lets call this bond blood money, appeal to the anti-arab league"

Good job the american legal system is so just and fair.

peter kern

amphkingwest wrote: »

I thought it was just a Deja-Vu feeling!!

No harm linking the back story on the previous discussion http://www.boards.ie/vbulletin/showthread.php?p=83612049

you are a star AKW

This time I am more interested in the compensation claim would he have a chance as an Irish athelte. ( race in abhui dhabi, organicing company registerd in USA )
Also more interested if that accident had happened in Europe or USA . given the amount of Irish Atheltes racing abroad.

peter kern

he might have broken the law by leaving , but I still would think he has a good case that she walked into him. and as a volunteer she should have 3rd party insirance by the race organicer ...

tunney wrote: »

Yawn. He broke the law, "BUT I AM AN AMERICAN"

"Lets call this bond blood money, appeal to the anti-arab league"

Good job the american legal system is so just and fair.

tunney

peter kern wrote: »

he might have broken the law by leaving , but I still would think he has a good case that she walked into him. and as a volunteer she should have 3rd party insirance by the race organicer ...

He isn't suing for damages related to the accident but subsequent "blood money related" stuff.

I'd imagine he will win. Look at Samsung v Apple for a commentary on the xenophobic nature of the American Judicial system.

"WHAT THERE WAS AN ARAB INVOLVED?????? SEND THEM ALL TO GITMO".

peter kern

i think he is sueing for medical bills too .
and lost price money

tunney

peter kern wrote: »

i think he is sueing for medical bills too .
and lost price money

he didn't win..........

I lost a lotto ticket once, should I claim as I might have won?

He is a callous pr1ck and there is little he can do now to redeem himself. How he acted in the weeks after the incident speaks volumes as to his character.

peter kern

tunney wrote: »

he didn't win..........

I lost a lotto ticket once, should I claim as I might have won?


I think if you had an accident at work that was caused by your company you would sue for missed salary ?

tunney

peter kern wrote: »

tunney wrote: »

he didn't win..........

I lost a lotto ticket once, should I claim as I might have won?


I think if you had an accident at work that was caused by your company you would sue for missed salary ?

(a) did I cause the accident?
(b) would I sue for "but you might have given me a pay rise the day after the accident" salary?

Perhaps he caused it the accident? Even when driving a green light does not mean "bail through regardless" it means "if its safe then you can go".

It wasn't safe for him to go. he hit someone. he crashed.

he blamed everyone from the volunteer to the organisers. maybe assume some responsibility for his own actions?

peter kern

ok we get it that you dodnt like him ( i guess he is to close in character to you, for you to like him) so lets say it was an athelte you liked ...

and yes agree on point b he should claim what he lost in income based on the last tax yer before the incident)

tunney

peter kern wrote: »

ok we get it that you dodnt like him ( i guess he is to close in character to you, for you to like him) so lets say it was an athelte you liked ...

and yes agree on point b he should claim what he lost in income based on the last tax yer before the incident)

I love you too Peter.

Pretending he was someone I liked. I don't think that he has a leg to stand on. According to the laws of the country in which the event was run he was in the wrong and thats it. Moving jurisdiction to try and find more favourable laws is risky. He is obviously aiming for an out of court settlement.

As for earnings year on year. Athletes who rely on prize money - they don't have a salary. Thats like relying on a bonus in a real job.

sconhome

peter kern wrote: »

he might have broken the law by leaving , but I still would think he has a good case that she walked into him. and as a volunteer she should have 3rd party insirance by the race organicer ...

Its a mess.

You could argue that he cycled into her and could be held liable for her injuries too.

Wonder are her lawyers waiting in the wings for a slice of his pie?

peter kern

amphkingwest wrote: »

Its a mess.

You could argue that he cycled into her and could be held liable for her injuries too.

Wonder are her lawyers waiting in the wings for a slice of his pie?

yes its a mess.

I have not seen evidence that it was him who cycled into her , it seems more likely she walked into him. (of course one could argue he was going at a too high speed but i have never seen that rule that says you have to go at a certain speed in an aid station aerea)

At the end of the day it is my opinion that both should have there medical bills covered by each others insurance as one has to think both parties acted in good face.
And it seems in starkos case this has not been the case .

Given the fact that the lady. Volunteered I hope that she is well and that she hasnt lost out giving up her free time to Volunteer.

tunney

peter kern wrote: »

yes its a mess.

I have not seen evidence that it was him who cycled into her , it seems more likely she walked into him. (of course one could argue he was going at a too high speed but i have never seen that rule that says you have to go at a certain speed in an aid station aerea)

At the end of the day it is my opinion that both should have there medical bills covered by each others insurance as one has to think both parties acted in good face.
And it seems in starkos case this has not been the case .

Given the fact that the lady. Volunteered I hope that she is well and that she hasnt lost out giving up her free time to Volunteer.

you are aware of the extent of her injuries right?

If it was Ireland he would be completely liable. In the absence of a pedestrian crossing as soon as a pedestrian takes one step onto a road they have immediate right of way.

Izoard

His behaviour after the incident was very questionable, but there is a case about the organization.

I did the same race, and where the incident happened was at an underpass, where you went from blazing sunshine to total darkness (until your eyes adjusted), so for each cyclist, you were effectively blind for a short period of time, entering a zone of discarded water bottles and volunteers.

Crazy stuff.

fluboy

tunney wrote: »

you are aware of the extent of her injuries right?

If it was Ireland he would be completely liable. In the absence of a pedestrian crossing as soon as a pedestrian takes one step onto a road they have immediate right of way.

I don't think that is true

sconhome

tunney wrote: »

If it was Ireland he would be completely liable. In the absence of a pedestrian crossing as soon as a pedestrian takes one step onto a road they have immediate right of way.

Think this is applied at pedestrian / zebra crossings alright. I believe you can be done for 'jay walking' anywhere outside of a controlled crossing, but never seen or heard of anyone being done in Ireland anyway.

sconhome

Zebra Crossings
A zebra crossing is marked by yellow flashing beacons. The actual crossing area is marked by black and white "zebra" stripes.

Drivers are required to stop and permit pedestrians to cross at zebra crossings. Approaching zebra crossings, drivers should slow and be prepared to stop. Drivers must yield right of way to a pedestrian on the crossing. They must stop behind the stop line where it is provided and must not encroach on the crossing.

http://www.lireland.com/driving-test-theory/pedest.htm

tunney

amphkingwest wrote: »

http://www.lireland.com/driving-test-theory/pedest.htm

Nothing there contradicts what I said.

(Glenda failed her driving test because a pedestrian stepped out, and then back onto the footpath. The fact they stepped back was irrelevant, she seemingly should still have yielded right of way. The cursing in the house that night)

the_syco

tunney wrote: »

It wasn't safe for him to go. he hit someone. he crashed.

he blamed everyone from the volunteer to the organisers. maybe assume some responsibility for his own actions?

When cycling from A to B, you'd assume that someone wouldn't run out in front of you? As for the volunteer, I don't understand why she had ran out onto a road where cyclists would be moving at speed past? I do, however, have a problem with him fecking off. If he had stayed, the ambulance may have noticed the injuries he said that they later missed, imo.

Like Mike Aigroz, it seems that once you hit a ped, even on a closed race course, traffic law comes into effect. As for the blood money Starykowicz had to pay, I wonder would he have had to front such money had his surname been Murphy?

Oryx

tunney wrote: »

Nothing there contradicts what I said.

(Glenda failed her driving test because a pedestrian stepped out, and then back onto the footpath. The fact they stepped back was irrelevant, she seemingly should still have yielded right of way. The cursing in the house that night)

My husband hit a pedestrian during his driving test. (No harm done). He still passed, apparently the tester made allowances for stupid pedestrians walking out from blind spots directly under cars.

tunney

the_syco wrote: »

When cycling from A to B, you'd assume that someone wouldn't run out in front of you? As for the volunteer, I don't understand why she had ran out onto a road where cyclists would be moving at speed past? I do, however, have a problem with him fecking off. If he had stayed, the ambulance may have noticed the injuries he said that they later missed, imo.

Like Mike Aigroz, it seems that once you hit a ped, even on a closed race course, traffic law comes into effect. As for the blood money Starykowicz had to pay, I wonder would he have had to front such money had his surname been Murphy?

NOT BLOOD MONEY THATS JUST WHAT HE CALLED IT. goes down well when he plays the race card too.

And yes, always assume that someone will come out in front of you. If you cannot be sure it is clear then it is not.

He gave his story, and then changed it a week later when there was backlash.

Now all the public (particular in American) remember are
* blood money
* big bad arabs
* poor guy with a jewish name

Nobody seems to remember the British volunteer (experienced) with severe brain injuries.

Oh won't someone remember the blood money. BLOOD MONEY JOE, HE HAD TO PAY BLOOD MONEY JOE.

the_syco

tunney wrote: »

Nobody seems to remember the British volunteer (experienced) with severe brain injuries.

I remember someone trying to play frogger with cyclists...

Seriously, though, I cannot find any info about how Carly Ann Williams is doing now. Although they (UAE medics) say she recovered, considering how badly they missed Starykowicz's injuries, I do wonder if this is true?

tunney wrote: »

He gave his story

Do you have a link to the original story. When I went looking, the 1st two pages were about recent events.

tunney wrote: »

NOT BLOOD MONEY THATS JUST WHAT HE CALLED IT.

Actually, it's called diya, which is "an Islamic term for monetary compensation for unintentional murder", aka "blood money". Search for 200,000 at http://www.dubaifaqs.com/driving-in-dubai.php for more info. A lot of Islamic cultures have blood money in their law. America have often paid blood money to families, using currency, livestock, or both, as the payment, in Afgan.

RayCun

Its hardly just an Arabic thing.
If you're involved in a road accident here and someone is injured as a result, you (or your insurance company) will pay their medical bills and pay extra for their distress.
Would the cyclist have got any sympathy if he hit someone in Europe and complained about having to pay COMPENSATION :eek::eek::eek::eek:

tunney

the_syco wrote: »

I remember someone trying to play frogger with cyclists...

Seriously, though, I cannot find any info about how Carly Ann Williams is doing now. Although they (UAE medics) say she recovered, considering how badly they missed Starykowicz's injuries, I do wonder if this is true?

Very serious brain injuries, tritalk have stories on it

the_syco wrote: »

Do you have a link to the original story. When I went looking, the 1st two pages were about recent events.

Deleted. Gone. Wiped.

the_syco wrote: »

Actually, it's called diya, which is "an Islamic term for monetary compensation for unintentional murder", aka "blood money". Search for 200,000 at http://www.dubaifaqs.com/driving-in-dubai.php for more info. A lot of Islamic cultures have blood money in their law. America have often paid blood money to families, using currency, livestock, or both, as the payment, in Afgan.

I stand corrected.

mrbungle

Bottom line is Starky broke the law, whether he knew it or not.
He left the scene of a road accident which is not looked on lightly here.

Courts act quickly and the only way he would have had any influence is whether he was a local emirati. Jewish/American/Paddy Irish, doesn't matter shid over here, if you're a local then maybe you have wasta.

Wasta: Sometimes red lights turn green after the fuzz arrive to suss out an accident, depending on who's involved. This actvity is not widespread, supposedly and is used reservedly, but its a locals thing.

I was racing at the race that Starky milled the young English volunteer. In fact I saw an accident that completely wiped out a girl, I even wrote it up on my blog at the time, was very disturbing, I can only presume that this was the same accident. At the aid stations a missile biker swerved through through the aid/water station and nailed the volunteer. She completely spun in the air and landed on her face, out cold. I could hear bones cracking. The biker got launched too, got up checked the girl and legged it. I could hear someone screaming 'get a doctor', pretty nasty stuff.

On that day, Starky was heading for a course record on the bike or he got it and it didn't count cos he didn't finish. I saw him in transition, he still wanted to go out and run but his coach/advisor/medic told him not too.

The law is the law over here, there are many laws in many countries we visit and visit quite often and are not aware of. Starky inadvertantly broke one, then lied and rolled a few balls about being in jails for 3 months etc, etc. Now ST USA is all anti Abu Dhabi/Middle East since then etc.

At Crooked Lake Tri earlier this year at the lakeside briefing, they said if you are involved in an accident, wait for the PSNI.

I was involved in a accident at TriAthlone, my bike was 6 wks old and got wiped out by a guy who subsequently wouldn't admit liability, therefore no insurance claim, nothing from TI, zero.

Morale of the story, get and wait for the cops.