Alberta man fined $115 for making unsafe turn that killed motorcyclist

This is what our lives are really worth?

ROCKY MOUNTAIN HOUSE, Alta. (CP) — A central Alberta man has been fined $115 for a traffic violation that killed a motorcyclist.

Brett Bardenhagen, 26, pleaded guilty in Rocky Mountain House court.

He was charged with making an unsafe left turn last September on a road in Clearwater County.

Bardenhagen was pulling his truck out of a driveway and onto the road when William Tomlinson hit the passenger side with his motorbike.

The courtroom was filled with emotion as Tomlinson’s wife and his three daughters read their victim impact statements.

The fine was the maximum the judge could impose under the Traffic Safety Act.

:crazy:

 

I have a feeling that I'll never understand how the law system works in this country, In my mind it should be on a case by case basis and this guy should have gone to jail for a few years and the loss of his license shouldn't even be questioned.

The U.S seems to be the same way

 

so lemme get this straight....you get caught street racing in canada, your car gets confiscated, impounded, AND DESTROYED. but wait, if you commit a traffic infraction that results in the DEATH of a motorcyclist, it only costs you $115?!?!?

(1) this farce that canada calls the Traffic Safety Act needs to be tossed in the garbage and re-written.
(2) BOY am i glad i live in the US.
(3) it's shit like this canada.......

 

Unfortunately Chris, it really isn't that much different here in the U.S., and it isn't likely to change any time soon. Not only are the penalties for these crimes not nearly tough enough; but there's little emphasis on motorcycle awareness in driver training.

Be safe out there guys. Everyone in every vehicle is out to get us.

 

Does Canada do Civil Action Suits?
Can the family sue for wrongful death?

 

I'm not sure if Canada does, but a conviction ( even with a minor fine ), would make it easier for them to win a wrongful death suit.

 

this is exactly why i feel like the MSF course should be a mandatory part of basic driver's education. i don't care if the student is intending to ride or not in their whole life, the MSF course teaches you FAR more than driver's ed ever will.

 

Chris, the stunting law here doesn't allow them to destroy a persons vehicle, The stunting law is if you are 50kph over the posted limit, or if you are actually caught stunting, the officer can put it down under the stunting law. It is a suspension of your license (2 years I think?),they impound your vehicle and give you a fine of ridiculous amounts, I think also if it was a severe case (very high speed, putting peoples lifes at risk) then you can go to jail for X amount of time..but I'm not sure about that.

Canada does have civil law suits, although stuff like this should be under the criminal act.

 

Same thing here in Ontario, a guy in Toronto a few years back killed a rider by turning left in front of him and the fine was under $200 IIRC.

 

The 'motorcycle awareness' I referred to is in automobile driver training. There is no emphasis at all on paying attention to motorcycles while driving a car. I'm certainly in favor of riders availing themselves of MSF and other training to improve their riding skills; but unless you ride with the attitude that all other drivers are a threat, you will encounter situations that can result in great bodily harm - because those other drivers aren't paying attention to YOU.

It sucks; but it's reality.

Personally I think if a driver is involved in an accident and claims they 'didn't see' the other vehicle (motorcycle or otherwise), then they should automatically be charged with distracted driving. What other excuse do they have for 'not noticing' another vehicle? And ... distracted driving should carry with it a VERY stiff penalty - like loss of license for 30 days and a $1000 fine for the first offense, rising quickly to a year and $10,000 along with impound of their vehicle for a third offense.

Driving - any vehicle - is NOT a passive activity.

 

The trouble is car makers are making cars increasingly like air conditioned living rooms. With all these extra distractions, they fully realise that this tends to make drivers even less focused on what they are doing, so they increasingly surround the idiots with a wall of steel and airbags so they are more or less immune. Sadly this solution simply makes vulnerable road users even more vulnerable.

For bikers in the UK, SMIDSY (Sorry Mate I didn't See You) is perhaps the most over used and inaccurate phrase. It really means "when I am driving in my car I don't care a damn about anyone else, so tough..."

As for sentences, in the UK such an accident would result in a charge of driving without due care and attention which could result in a custodial sentence, loss of driving licence and a fine. It would also open the door for the widow to make a "no win no fee" claim for compensation - which with a dependent family - would undoubtedly be a fairly huge amount.

 

I feel safer on my sport bike than I would if riding a cruiser. Because if trouble arises, my weight is on my feet and I can bail at any moment. Unlike a rider on a cruiser where the rider's weight is on his butt and his feet are stuck out in front of him, he's a sitting duck! I had a friend that almost got t-boned by a car and he simply jumped up and the car took the bike out from under him, will never forget his quick instinct in that case.

 

I hate this saying, when I am in my car, I am not out to "get" a motorcycle. When my friends who don't ride are in their car, they are not out to "get" a motorcycle. Same with my neighbors. It is not an us versus them. We are not living in Mad Max. If it is that way where you live, MOVE!

 

I guess you didn't get the point. I've been riding for fifty years without so much as a scrape because of an altercation involving another vehicle, and I owe that record to the philosophy (not the 'fact') that every other driver on the road is driving distracted, impaired, or otherwise unable to 'notice' me when I'm on a bike. I assume that they 'don't see me', and make damned sure I am prepared to evade whatever move they decide to make.

 

So lets look at this.

First of all, traffic laws are provincial matters. Probably state matters in the US. And in some cases, city or municipal matters. Too complicated to go into here. Of course there are Criminal Driving offences such as impaired, Dangerous operation and all sorts of others such as Criminal Negligence Causing Injury or Crim Neg causing death.

But I suggest that in this very unfortunate incident here, the driver of that truck did one thing wrong. He turned left when unsafe. He was issued a traffic ticket that in most jurisdictions has a statutory fine. In this case, it seems it was $115.00. In slightly different circumstances, this same driver, at the same location, under the same circumstances makes an unsafe left turn and collides with another truck and all there is is a few thousand dollars of damage. No injuries. So then the penalty would be more palatable for everyone correct?

Well someone dies here folks. But the actions of the driver of that truck is the same. So the offence and penalty should remain the same. To charge him with a more serious offence, and get it to stand up in court, required a certain level of evidence. I suggest more serious evidence was not present. If the police were to charge him with the more serious offence, the courts would throw it out and there would be no repercussions would there?

Except in the civil courts. Here in Canada anyways. Even if the driver of that truck were found not guilty of any offence charged with, or he was not charged with anything, does not mean there is no civil responsibility. The two matters have two sets of rules and differing rules of evidence applies.

I would suggest that the family of that unfortunate bike rider who lost his life due to wrong doings on the part of the truck driver, would have a very good civil case against the driver and or his insurer.

As far as being a target on a bike, I can say I have had as many close calls while driving my truck as I have riding the bike. It is the end result that differs. But we should ride as if everyone was targeting us. That means be aware, be careful, be smart and be visible.

 

All well stated Randy. Riding a motorcycle is a risky thing to do. We each accept that risk every time we don our gear and throw a leg over the saddle.

Ride well, and as Randy said be aware, be careful, be smart and be visible.

 

Turning left when unsafe, usually ends up somewhere between a head-on and a T-bone crash. Fines should match the severity of the wrong doing. A littering fine is harsher than the meager $115 doled out in this case.

Atleast they could have charged him with careless and imprudent driving, so there would be an appearance of some sort of justice.

 

Let's see now. Randy is trying but come on, he was a cop not a lawyer or a judge so the POV may be a little off center. The question about incidents, cage vs bike should be augmented by a time frame not by incident.

As a former RCMP I am wondering if this "incident" report included bites from sled dogs..

What is up for questioning is found in law of torts and negligence.Negligence - Wikipedia, the free encyclopedia

IMO, the fat lady ain't sung the song on this one quite yet.

 

I would not have believed this story about 110 dollar fine, but its obviously true . A good friend of mine years ago may have or not fell asleep, (I never really got that answer). Anyways his drivers tire crossed the line and met headlight to headlight with a lady on a Harley who was driving side by each with another rider (Not smart, but anyways). She was decapitated and my friends truck ended up over some guard rails. Initially he was charged with Careless driving causing death and Dangerous Driving causing death. It was 15 years ago now, but I remember both being 3 years sentances equaling 6 years if he walked in and plead guilty. In the end it cost his father over 20,000$, lost his liscence for one year, 6 points and careless charge, fine of 2000$. Doesn't bring that rider back, but sure changed my friends life forever.