# $1,000,000 sought after motorcyclist killed as Lyft driver stopped to pick up pax in traffic lane



## riChElwAy (Jan 13, 2015)

http://m.statesman.com/news/news/local/lawsuit-against-lyft-blames-its-driver-for-fatal-m/nrDtC/


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## riChElwAy (Jan 13, 2015)

<<the lawsuit states that Wenzel swerved his motorcycle because a Lyft driver, who the lawsuit does not identify, had been stopped in the only southbound lane of travel on the street.>>


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## tohunt4me (Nov 23, 2015)

That's a failure to maintain control violation for the motorcycle
Puts him at least 60% at fault.
Regardless of the illegal stop.
Law states you should always be prepared to stop your vehicle,and adhere to a safe following distance.
$200,000 settlement at best.


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## riChElwAy (Jan 13, 2015)

when asked if he was stopped in the traffic lane to pick up a passenger the Lyft driver replied "I'm an innovation. I'm a technology. Stop trying to stifle me."


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## riChElwAy (Jan 13, 2015)

tohunt4me said:


> That's a failure to maintain control violation for the motorcycle
> Puts him at least 60% at fault.
> Regardless of the illegal stop.
> Law states you should always be prepared to stop your vehicle,and adhere to a safe following distance.
> $200,000 settlement at best.


it is a very interesting scenario.. it seems to me the motorcycle was not prepared for a sudden lane change in front of him


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## UberHammer (Dec 5, 2014)

riChElwAy said:


> when asked if he was stopped in the traffic lane to pick up a passenger the Lyft driver replied "I'm an innovation. I'm a technology. Stop trying to stifle me."


He should be cited for drunk driving then.... drunk on Kaladick's Kool Aid.


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## riChElwAy (Jan 13, 2015)

UberHammer said:


> He should be cited for drunk driving then.... drunk on Kaladick's Kool Aid.


LOL .. travASS colonDick .. we should have a contest to see who can come up with the best name for King Dooosh


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## tohunt4me (Nov 23, 2015)

riChElwAy said:


> when asked if he was stopped in the traffic lane to pick up a passenger the Lyft driver replied "I'm an innovation. I'm a technology. Stop trying to stifle me."


He didn't ?
Nail his testicles to a wall.
Produce proof of such an insane statement.
I hope the biker was wearing colors.


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## UberHammer (Dec 5, 2014)

riChElwAy said:


> LOL .. travASS colonDick .. we should have a contest to see who can come up with the best name for King Dooosh


I like it... but change the C to K. KolonDick.


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## tohunt4me (Nov 23, 2015)

riChElwAy said:


> LOL .. travASS colonDick .. we should have a contest to see who can come up with the best name for King Dooosh


Lyft driver, Uber,it's affiliates,subsidies,and spin offs bear no burden here.


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## UberHammer (Dec 5, 2014)

tohunt4me said:


> Lyft driver, Uber,it's affiliates,subsidies,and spin offs bear no burden here.


The players in the industry have shown it to be a monkey see, monkey do industry... and KolonDick is Koko the monkey boy.


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## Greguzzi (Jan 9, 2016)

riChElwAy said:


> when asked if he was stopped in the traffic lane to pick up a passenger the Lyft driver replied "I'm an innovation. I'm a technology. Stop trying to stifle me."


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## Greguzzi (Jan 9, 2016)

tohunt4me said:


> That's a failure to maintain control violation for the motorcycle
> Puts him at least 60% at fault.
> Regardless of the illegal stop.
> Law states you should always be prepared to stop your vehicle,and adhere to a safe following distance.
> $200,000 settlement at best.


Have you ever ridden a motorcycle in heavy traffic? It is impossible to prepare for every situation some ****** driver might subject you to, especially on oily streets.


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## uberdriverfornow (Jan 10, 2016)

This is why I ALWAYS put safety first. When in a high traffic area with nowhere to stop I will circle the block and if the pax doesn't come out I am cancelling. I don't take chances. I will politely remind the passenger if they do make it in, that sometimes it's better to move a block to a safe spot to request a ride. I don't care if I get a bad rating cause I try to be as polite as possible. Most pax don't think. They just expect you to wait there, even though there is nowhere to stop, for them to come out. They usually apologize when they realize I'm right. 

Always remember you are one accident away from a deactivation. Just assume the worst from Uber.


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## riChElwAy (Jan 13, 2015)

<<Always remember you are one accident away from a deactivation.>>

always remember you are one accident away from total destruction and ruin

Uber Lyft drivers assume way too much risk per the terms and conditions they agree to


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## Adieu (Feb 21, 2016)

True...

BUT riding lines on a motorcycle, assume to be assuming risk of unknown variables aplenty


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## zandor (Mar 6, 2015)

After reading the complaint I think this whole case is based on the notion that the law against TNC drivers stopping in a traffic lane to pick up or drop off is a safety regulation. Violating a safety regulation is evidence of negligence. That's iffy though since it could also be an anti-nuisance law to prevent TNC drivers from blocking traffic. If cab drivers can stop in traffic lanes to pick up or drop off it might also just be a cookie they gave cab drivers when they decided to let Lyft and Uber operate. That could kill the plaintiff's chances. It's probably not a safety reg if cabs and private cars (drop off or pick up kids at school) can do it but TNC driver's can't.

It's a long shot case. The rider died because he wiped out while trying to avoid hitting a stationary object. So his fault unless the lawyers his wife hired can prove someone else did something negligent that caused the accident. All the Lyft driver did was stop, so they really need that "safety regulation" to make stopping a negligent act. Otherwise the usual "you messed up if you drove into a stationary object" rule prevails and it's an open and shut case. On top of that the plaintiffs need proximate cause. That's going to be hard to prove even if the court decides the ordinance that says TNC drivers can't stop in traffic lanes to pick up or drop off is a safety regulation. The truck in front of the bike had no problem avoiding the Lyft car, and if a truck can do it a much more maneuverable bike shouldn't have any trouble.


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## uberdriverfornow (Jan 10, 2016)

zandor said:


> After reading the complaint I think this whole case is based on the notion that the law against TNC drivers stopping in a traffic lane to pick up or drop off is a safety regulation. Violating a safety regulation is evidence of negligence. That's iffy though since it could also be an anti-nuisance law to prevent TNC drivers from blocking traffic. If cab drivers can stop in traffic lanes to pick up or drop off it might also just be a cookie they gave cab drivers when they decided to let Lyft and Uber operate. That could kill the plaintiff's chances. It's probably not a safety reg if cabs and private cars (drop off or pick up kids at school) can do it but TNC driver's can't.
> 
> It's a long shot case. The rider died because he wiped out while trying to avoid hitting a stationary object. So his fault unless the lawyers his wife hired can prove someone else did something negligent that caused the accident. All the Lyft driver did was stop, so they really need that "safety regulation" to make stopping a negligent act. Otherwise the usual "you messed up if you drove into a stationary object" rule prevails and it's an open and shut case. On top of that the plaintiffs need proximate cause. That's going to be hard to prove even if the court decides the ordinance that says TNC drivers can't stop in traffic lanes to pick up or drop off is a safety regulation. The truck in front of the bike had no problem avoiding the Lyft car, and if a truck can do it a much more maneuverable bike shouldn't have any trouble.


It sounds more like the motorcyclist was traveling too closely to the truck and when the truck turned the motocyclist was too close to avoid the lyft driver. Just another case of someone blaming someone else for their negligence.


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## uberdriverfornow (Jan 10, 2016)

Motorcyclist never seem to think they are ever at fault. The whole splitting lanes crap is a horrible thing to allow.


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## SafeT (Nov 23, 2015)

riChElwAy said:


> http://m.statesman.com/news/news/local/lawsuit-against-lyft-blames-its-driver-for-fatal-m/nrDtC/


All motorcyclists end up dead sooner or later. Just a matter of time.


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## Gilbert_Aus (Apr 10, 2016)

UberHammer said:


> He should be cited for drunk driving then.... drunk on Kaladick's Kool Aid.


Except that Lyft is not owned by Travis Kala****.


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## Brooklyn (Jul 29, 2014)

I don't get why it's like people completely dumb down while driving for these companies... How much stupider can people get? Simple things people would not do before it seems while driving for these apps become normal. 

I doubt the driver would have stopped in the middle of traffic before... But while driving for these companies it's like they just completely think they're above the law. I see it all the time in NYC lately too. Drivers just stopping where ever, making right turns from the far far left, risking accidents, REVERSING on the highway.. Like what the hell.


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## sean911sc (Mar 29, 2016)

Vehicle C was following vehicle B that swerved to avoid stop vehicle A. Had vehicle B been paying attention to traffic and allowing a 4 car gap between vehicles, vehicle B should have come to a normal stop - then vehicle C should have followed the same - maintain 4 car gap, then slow to a stop.


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## Danatee (Apr 14, 2016)

Brooklyn said:


> I don't get why it's like people completely dumb down while driving for these companies... How much stupider can people get? Simple things people would not do before it seems while driving for these apps become normal.
> 
> I doubt the driver would have stopped in the middle of traffic before... But while driving for these companies it's like they just completely think they're above the law. I see it all the time in NYC lately too. Drivers just stopping where ever, making right turns from the far far left, risking accidents, REVERSING on the highway.. Like what the hell.


I have seen this type of stuff going on long before Uber and Lyft were even thought up. 
And really now, how do you know these violators are drivers for either company? Do they wear big Uber and Lyft capes? You really cant tell an uber from your grampa.


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## Brooklyn (Jul 29, 2014)

Danatee said:


> I have seen this type of stuff going on long before Uber and Lyft were even thought up.
> And really now, how do you know these violators are drivers for either company? Do they wear big Uber and Lyft capes? You really cant tell an uber from your grampa.


Yea the Uber illuminated sign gives it away. Are you a bit offended?


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## Danatee (Apr 14, 2016)

Brooklyn said:


> Yea the Uber illuminated sign gives it away. Are you a bit offended?


Not offended at all because I know how to drive. 
And we dont use illuminated uber signs around here. even if we had them, I wouldn't use one.


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## Brooklyn (Jul 29, 2014)

Danatee said:


> Not offended at all because I know how to drive.
> And we dont use illuminated uber signs around here. even if we had them, I wouldn't use one.


Well in NYC they do.


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## Bart McCoy (Nov 4, 2014)

Greguzzi said:


> Have you ever ridden a motorcycle in heavy traffic? It is impossible to prepare for every situation some ****** driver might subject you to, especially on oily streets.


Do you a drivers license?
In most states, if not all, you are required to drive at a speed where you can stop before hitting the vehicle in front. In most accidents, if you hit someone from the back, you lose. It seems this biker would have hit the back of the car had he not swerved.......



SafeT said:


> All motorcyclists end up dead sooner or later. Just a matter of time.


what an ignorant and crude statement to make


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## tohunt4me (Nov 23, 2015)

Greguzzi said:


> Have you ever ridden a motorcycle in heavy traffic? It is impossible to prepare for every situation some ****** driver might subject you to, especially on oily streets.


I still have my motorcycle license . . .


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## Rex8976 (Nov 11, 2014)

riChElwAy



riChElwAy said:


> When asked if he was stopped in the traffic lane to pick up a passenger the Lyft driver replied "I'm an innovation. I'm a technology. Stop trying to stifle me."


Best. Line. Ever.

This will be added to my sig line.


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## Bart McCoy (Nov 4, 2014)

tohunt4me said:


> I still have my motorcycle license . . .


I have my license too. that guy asked have you driven in heavy traffic....uh,clearly you shouldn't be going fast in the first place in heavy traffic. slower moving traffic should make it easier for you to see things AND react, smh


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## Uber-Doober (Dec 16, 2014)

riChElwAy said:


> http://m.statesman.com/news/news/local/lawsuit-against-lyft-blames-its-driver-for-fatal-m/nrDtC/


^^^
I hope you realize that this is what happens when drivers are scared stiff of getting a low rating. 
Instead of advancing another 150 feet so that their entitled little pukey otherwise bus riders don't have to walk, this is what happens.


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## JasonB (Jan 12, 2016)

uberdriverfornow said:


> This is why I ALWAYS put safety first. When in a high traffic area with nowhere to stop I will circle the block and if the pax doesn't come out I am cancelling. I don't take chances. I will politely remind the passenger if they do make it in, that sometimes it's better to move a block to a safe spot to request a ride. I don't care if I get a bad rating cause I try to be as polite as possible. Most pax don't think. They just expect you to wait there, even though there is nowhere to stop, for them to come out. They usually apologize when they realize I'm right.
> 
> Always remember you are one accident away from a deactivation. Just assume the worst from Uber.


Great post. Plenty of drivers could learn something valuable by reading this.


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## JasonB (Jan 12, 2016)

Uber-Doober said:


> ^^^
> I hope you realize that this is what happens when drivers are scared stiff of getting a low rating.
> Instead of advancing another 150 feet so that their entitled little pukey otherwise bus riders don't have to walk, this is what happens.


Really good point...


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## Cre (Apr 25, 2015)

sean911sc said:


> Vehicle C was following vehicle B that swerved to avoid stop vehicle A. Had vehicle B been paying attention to traffic and allowing a 4 car gap between vehicles, vehicle B should have come to a normal stop - then vehicle C should have followed the same - maintain 4 car gap, then slow to a stop.


Do you ever see people in a crowded city apply the appropriate gap and level of attention? I rarely do. Do I see rideshare cars stop quickly in busy intersections? all the time. Two days ago, a driver dropped off a passenger in the chicken lane of a five lane road. Don't be that person!


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## Fireguy50 (Nov 23, 2015)

SafeT said:


> All motorcyclists end up dead sooner or later. Just a matter of time.


Emergency Room staff call them...
Organ Donor-Cycles


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