Cell Phones and Lawsuits - Chicagoland Sportbikes
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post #1 of 30 (permalink) Old 12-03-2002, 10:24 PM Thread Starter
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Cell Phones and Lawsuits

Recent article in a law review for business attorneys

Wireless Devices: Potential Liability Issues

Most of us have probably seen and maybe are also guilty of the daring and increasingly dangerous practice of “driving while dialing,” either with cell phones or Personal Digital Assistants (PDAs) such as Palm Pilots.

CASES TRIED

The first case was filed against Salomon Smith Barney by the estate of a motorcyclist who was struck and killed by an employee of the investment banking firm while the employee was using his cellular phone. According to published reports, the case settled for $500,000. The real twist of the case is that the accident occurred on a Saturday night and not during work hours. Yet, since the employee was speaking with a client of the employer at the time, the employer was alleged to be partly to blame for the crash.

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post #2 of 30 (permalink) Old 12-04-2002, 06:47 AM
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Ron,

That Ffff---er should have been lined up against a wall, shot than pissed on. I don't about you but twice last summer I was nearly run off 59 by some Barrington bitch, driving an Expedition and talking on a cell phone. I swear to god, anyone driving a SUV bigger than a Explorer should get a CDL, you use to be able to buy them quite cheap People get off your phone, drive Lead, follow our get the FUCK out of my way
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post #3 of 30 (permalink) Old 12-04-2002, 07:17 AM
 
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Quote:
Originally posted by RickC1957
People get off your phone, drive Lead, follow our get the FUCK out of my way
My sentiments exactly.


"Only you... yes you in the SUV on the fucking cell phone.... can prevent road rage."
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post #4 of 30 (permalink) Old 12-04-2002, 09:30 AM
 
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Quote:
Originally posted by RickC1957
I swear to god, anyone driving a SUV bigger than a Explorer should get a CDL,
I agree 100%. How can we do something to make this happen? Also, will someone please explain why the Expedition, and Excursion have passenger plates, where the F150 needs the red truck plates.
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post #5 of 30 (permalink) Old 12-04-2002, 09:35 AM
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Because the back of an Expedition isn't used for cargo.

Yeah, I know it's B.S. but what'cha gonna do?

Just like being able to throw a cap on the back of your F150 and stashing an air mattress inside will make it eligible for RV plates.

Back in my "previous life" we had an El Camino that would get ticketed if we left it parked on the street overnight ("B" plates in Chicago).

It's all so much b*llsh(t.

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post #6 of 30 (permalink) Old 12-04-2002, 10:16 AM
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well, i'm not looking to stir up trouble here, but i'll be the first to disagree and state it...cuz i know others are thinking it too. when i had my VFR, i experienced a same kind of problem. i was making a left turn off of 59 onto new york st. and a ford explorer ran a red light from the other side. since the bitch decided to slow down, i had to lay the bike on its side or else i would have ran right into the explorer. now, am i gonna discriminate against suv's because of this - no! it could have been a chevy cavalier that ran the red light and the same thing would have happend. so why single out suv's? and if people driving something bigger than a midsize suv should have CDL's, what about all the people with the Z71's, F150's, and Rams? full size pick ups are huge, weigh alot, and are gas guzzlers also....yet people seem to pick on suv's?
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post #7 of 30 (permalink) Old 12-04-2002, 10:58 AM
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The question is is the cell phone causing the problems or the idiot drivers who cant handle them. One of those issues to prevent problems you punish all for the mistakes of the few. Not saying that cell phones should be banned or not. Just people need to be more responsible about their use. You could also make an issue out of the use of the car radio as people sometimes have a problem with being distracted by or by tuning them in.

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post #8 of 30 (permalink) Old 12-04-2002, 11:20 AM
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Quote:
Originally posted by Champ91
The question is is the cell phone causing the problems or the idiot drivers who cant handle them. One of those issues to prevent problems you punish all for the mistakes of the few. Not saying that cell phones should be banned or not. Just people need to be more responsible about their use. You could also make an issue out of the use of the car radio as people sometimes have a problem with being distracted by or by tuning them in.

very well stated! i agree with you 100%
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post #9 of 30 (permalink) Old 12-04-2002, 11:23 AM
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Here we go again.....
Why are you associating SUVs with cell phone abuse and poor driving? All SUV owners do not drive like this. Sorry, but the explorer is a POS and can't carry my gear. It's like saying all motorcycle riders are careless speed demons with a death wish. Does this stereotype fit you?

Common sense really....
SUVs have passenger plates because they carry passengers
Pickup trucks have truck plates because they carry cargo
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post #10 of 30 (permalink) Old 12-04-2002, 02:09 PM
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Quote:
Originally posted by Kruz
Common sense really....
SUVs have passenger plates because they carry passengers
Pickup trucks have truck plates because they carry cargo
Ok then what about the new wave of half breeds. the Chevy Avalanche for example.

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post #11 of 30 (permalink) Old 12-04-2002, 02:13 PM
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Avalanche owners should be required to pay an environmental impact fee for excessive ugliness

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post #12 of 30 (permalink) Old 12-04-2002, 02:18 PM
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Quote:
Originally posted by KBOlsen
Avalanche owners should be required to pay an environmental impact fee for excessive ugliness
Although I'd rather have an EXT, I don't think either look THAT bad. I can think of a couple much uglier vehicles.



Mmm.
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post #13 of 30 (permalink) Old 12-04-2002, 02:20 PM
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Kruz is right. It seems that its just popular to pick on the SUV croud right now. So everyone does it. I own an SUV as does Kruz and many other board members. I dont think its the vehicle that makes you a bad driver. (Heck if that was the case we should ban all Kawasaki owners )

The issue is people who dont pay attention on the road. I probably burn about 2000+ minutes a month on my cellphone while driving. And I'm not cutting people off and causing problems. Well, not because I'm on the phone... So pass a law against stuiped people not the cell phone or the SUV




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post #14 of 30 (permalink) Old 12-04-2002, 02:31 PM
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Quote:
Kruz is right
Thanks Tony...I hear that a lot

BTW if the Avalanche would lose a little of the gray plastic molding crap it would be a sweet ride. As far as truck or passenger plates, I believe it is considered a truck class.

The Cadillac version is ridiculous.....
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post #15 of 30 (permalink) Old 12-04-2002, 02:32 PM
 
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IMHO

Drivers on cellphones suck, regardless of what vechicle they are driving. I think it should be illegal to drive while on the phone, I've just seen way too much irratic driving from people. Give them DUI's.

I also agree that they should reduce the truck size requirement for CDL's. Anyone who needs to operate a big truck should know how to drive a truck that size.

my .02
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post #16 of 30 (permalink) Old 12-04-2002, 04:40 PM
 
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There's nothing a SUV does that a minivan can do other than better off-road capability (90% of owners don't use)The problem is that SUV's make bad drivers worse. They are longer and wider. They have longer stopping distances and handle mediocre to poor depending on the model.

As for space.. I don't know. I've been in some blazers and explorers that I swear had less interior and cargo space than my compact car.

For the people on the board, I'll cut them some slack because they tow trailers and know how drive (except Kruz).

There are a lot of people that should not have licenses and having a 6000lb car doesn't make then better drivers and it might make themselves feel powerful and safe, but it simply endangers everyone else.
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post #17 of 30 (permalink) Old 12-04-2002, 04:47 PM
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How's you little jap car doing anyway? Have you gone through your first tank of gas yet?
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post #18 of 30 (permalink) Old 12-04-2002, 04:49 PM
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I definitely take this bitch offroad....
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post #19 of 30 (permalink) Old 12-04-2002, 04:51 PM
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Here she is again in the foothills....
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post #20 of 30 (permalink) Old 12-04-2002, 04:51 PM
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Try that shit in a minivan.....
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post #21 of 30 (permalink) Old 12-04-2002, 05:48 PM
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Quote:
Originally posted by GsxrTony

So pass a law against stuiped people not the cell phone or the SUV
What? The jails are already full of pot smokers! If stupid were illegal there wouldn't be enough taxpayers left to build the prisons!:-

Seriously though, it's so popular to quote "driving is a privilege, not a right", yet you only have to demonstrate the most basic of driving skills to obtain a license. In addition, you could have never been the cause of an accident in your life and lose your license if you're caught enough times speeding.

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post #22 of 30 (permalink) Old 12-04-2002, 09:10 PM
 
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Quote:
Originally posted by Kruz
How's you little jap car doing anyway? Have you gone through your first tank of gas yet?
Pulled my trailer at 75-80 mph all the way to and from MDRacing. 30mpg baby. 330miles... 1 tank of gas with room to spare. ran her up to 90mph for a bit... steady as a rock... didn't even have to down shift to 4th.

I'm going to modify my trailer for 2 bikes.

NO, I can't tow an inclosed trailer (only rated for 1500lbs), but can you fit you car, trailer and bike in a 1 car garage and still get the bike out without moving the car or visa versa???.
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post #23 of 30 (permalink) Old 12-04-2002, 09:40 PM
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Quote:
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Try that shit in a minivan.....

Well any vehicle can go DOWNHILL.D


Got any pics of the Jeep Wrangler with the winch to haul your ass back up the hill?

I'm not crazy, my mother had me tested.
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post #24 of 30 (permalink) Old 12-04-2002, 10:36 PM
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Got any pics of the Jeep Wrangler with the winch to haul your ass back up the hill?
I was thinking that seeing that go UP the dune would be much more impressive!

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post #25 of 30 (permalink) Old 12-05-2002, 06:39 AM Thread Starter
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Think of how many small business owners there are who depend on being on the phone while driving from job site to job site who are putting themselves at risk (being sued) as well as others by not paying full attention to driving.

It seems to me that a hands free law is a good start. I think most can drive and talk, it's the hassle of trying to handle any other type of electronics, phone, radio, palm, etc that get people into trouble.

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post #26 of 30 (permalink) Old 12-05-2002, 06:57 AM
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Hey Ron,

I run a small business, hands free is the only way to go. And it should be the law! When you had called about Tots for Tots, and thanks for the call, I was doing 70 on the Kennedy, I didn't have the hands free connected, so I let it go to VM. What alot people are upset about, people are no longer paying attention to driving, but everything else, and that is just wrong.

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post #27 of 30 (permalink) Old 12-05-2002, 07:57 AM
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For a number of years I rode the O'Hare "L" to get to my job downtown. I think I've seen folks do EVERYTHING behind the wheel... and the only thing that amazes me is that we don't have more accidents resulting from "inattentive driving".

I've seen (in rush hour traffic!):

Drivers reading newspapers (spread across the dash, steering wheel and passenger seat)
Drivers reading books/magazines
Drivers working on laptop computers
Drivers studying maps
Drivers engaging in sex acts
Drivers talking on the phone... waving their arms and having very animated conversations (using both handsets and headsets)
Women putting on makeup, and giving themselves manicures
Men putting on ties
Eating/drinking
Getting high
One guy cutting his toenails (ugh!)

I'm all in support of giving people the credit to be able to make good decisions for themselves, but if these same people fail over and over again to apply COMMON SENSE to what they're doing, at what point should something be done?

This differs from the helmet/seatbelt issues in that not wearing a helmet or seatbelt generally only has an immediate impact on the particular individual, while these folks are endangering everybody in their path!

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post #28 of 30 (permalink) Old 12-05-2002, 08:54 AM
 
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I think some studies showed that hands free phones only had a minimal impact. For most people the porblem is the distraction, not the physical action of holding the phone.

For example if you talk to me while I'm driving... It will be a bad conversation if I'm in traffic because I prioritise my driving over the conversation. At the least I'll move over to a slower lane where I don't need to be a attentive and I'm not following so close.

I think many people they put the conversation priority #1, and that leaves very little left for driving.

Hell... before cell phones came, I remember seeing the same problem wiht 2 people just talking ot each other. Some peopel are determined to look at the person they are talking to while driving.
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post #29 of 30 (permalink) Old 12-05-2002, 10:04 AM
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I think the main point being made is we cant control the discractions outside the car, but those that happen inside can be reduced or eliminated. Doesn't matter if it is a phone, radio, or just conversation with another. Just be responsible.

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post #30 of 30 (permalink) Old 12-05-2002, 05:48 PM
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Has anyone figured this out yet? I know why I prefer riding the Fizzer to work, no freaking phones I take the "long" way, down Otis Road and Brinker Road, nice twisties I love the bike, I forget about work, spousal unit, kids, I concentrate on one thing.......driving

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