Justice?

yves norton seeley

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Hi everyone,
a year before my crash, the cops cought me a few miles over the speed limit, result: the court took my driver's licence away for 14 days and gave me a 1.000 Euros fine.
I didn't really complain, I had broken the rules and I was punished for it.
But the women who made me invalide for the rest of my days was only sentenced to 8 days licence confiscation and a mere 600 Euros fine.
The judge retained 3 offences:
-Unintentional physical damage
-Give way refusal
-Crossing a double white line
The woman did not even bother tp appear in court, even her lawyer was not present.

So what do you think about this?
Regards
yves
 
Hi everyone,
a year before my crash, the cops cought me a few miles over the speed limit, result: the court took my driver's licence away for 14 days and gave me a 1.000 Euros fine.
I didn't really complain, I had broken the rules and I was punished for it.
But the women who made me invalide for the rest of my days was only sentenced to 8 days licence confiscation and a mere 600 Euros fine.
The judge retained 3 offences:
-Unintentional physical damage
-Give way refusal
-Crossing a double white line
The woman did not even bother tp appear in court, even her lawyer was not present.

So what do you think about this?
Regards
yves
I think this is what is wrong with world.
People are conditioned.... to believe things
Like: “OMG!!! 80 mph?!?! That’s DANGEROUS!!! We must STOP THESE PEOPLE!!!”
Yet, these same sheep flagrantly disregard, and/or are blissfully unaware of ALL OTHER rules of the road, and those rules are not enforced. Se also: “selective law enforcement”.
I’m sorry that not only the no-skill driver maimed you, and then was slapped on the wrist, to add insult to injury.
 
I'm with concours on this. it's all part of the "motorcycles are dangerous, so ride at your own risk" mindset that always puts at least some of the onus on the rider in an accident regardless of guilt or innocence. It says. "Yves, you were guilty of speeding, but you were also riding a dangerous motorcycle, so the person who nearly killed you wouldn't have done so much damage had you been driving a car." Police discretion (whether a summons is issued and for what) is severely affected by this mindset and now you have been, too. The charge should have been, "negligent vehicular assault" with a commensurate penalty.
 
Did you have a solicitor/attorney file charges against her?

That is how it is done here in the 'states...

It sounds like your local jurisdiction only approached the minimum offense...
 
You have the option via your solicitor to appeal against this sentence as being too lenient, the court can increase the sentence.
 
You have the option via your solicitor to appeal against this sentence as being too lenient, the court can increase the sentence.
I don't feel the need to do this, even 10 years licence confiscation will not make the women smarter, when you are a veal it's only fot one year, when you are stupid it's for the eternity and one day
yves
 
She was coming out a parking and don"t take the lane on the right, she cross two white lines and come on the lane I was riding and "bang"

Hi Yves,

I am really sorry to hear of the apparent injustice you are facing. Court rulings frequently relate to how the judge would react in the same situation.
One grave example from this country: An offender was cought for speeding. The judge ruled that because he drove a Mercedes Benz, he would be safe at the recorded speed, and relieved him of the fine! Of course the sentence was appealed by the prosecutor.

I don't know the specific traffic rules applicable in Belgium, however in my book a motorist leaving a parking lot has to give way to all traffic, both directions. I guess that's one of the charges against the offender.

Was there a sign at the exit "turn right only", or is "turn left forbidden" implicit by the double lines between the lanes? Yes, double lines means do not cross, but I am not sure how strict this rule is enforced, and a motorist may fail to notice the double lines (reason for an excuse). Violation of an explicit sign is a more severe offense i guess. Of course your lawyer can nail the offender on this formal rule (do not cross ....).

Most traffic accidents are not intenional, yet an offfender has to face the consequence of his/her wrongdoing. In my view the offender should face a charge of severe neglect of the safety of other traffic participants. For this the offender should be held accountable. It is the actual damage caused the offender has to face, not a favourable scenario.

Isn't it a case of contempt of the court not to appear? Did you ever receive a pardon from the offender?

Best,

Knut
 
Many years ago in Australia, there were no speed limits on country roads. If you were caught doing dangerous things, you had to prove that what you were doing was safe. On our main roads, you could do 300 KPH at most times of the day and still be safe . But at dusk and dawn the kangaroos come out to play.
 
"Nasty, horrible, anti social, dangerous motorcyclists breaks the law so must be severely punished"
vs
"Otherwise law abiding, respectful, lady motorist makes an innocent mistake and we must separate the mistake from the unintended consequences and therefore conclude on minimum punishment".

Sadly, not an uncommon situation.
 
I don't know, in Belgium, can you sue her personally for your losses? Of income, your medical costs, your pain, or other personal injuries? Or does the state hold all claims? Leaving you with out remedies and at the mercy of its functionaries?
 
Hi Yves,

I am really sorry to hear of the apparent injustice you are facing. Court rulings frequently relate to how the judge would react in the same situation.
One grave example from this country: An offender was cought for speeding. The judge ruled that because he drove a Mercedes Benz, he would be safe at the recorded speed, and relieved him of the fine! Of course the sentence was appealed by the prosecutor.

I don't know the specific traffic rules applicable in Belgium, however in my book a motorist leaving a parking lot has to give way to all traffic, both directions. I guess that's one of the charges against the offender.

Was there a sign at the exit "turn right only", or is "turn left forbidden" implicit by the double lines between the lanes? Yes, double lines means do not cross, but I am not sure how strict this rule is enforced, and a motorist may fail to notice the double lines (reason for an excuse). Violation of an explicit sign is a more severe offense i guess. Of course your lawyer can nail the offender on this formal rule (do not cross ....).

Most traffic accidents are not intenional, yet an offfender has to face the consequence of his/her wrongdoing. In my view the offender should face a charge of severe neglect of the safety of other traffic participants. For this the offender should be held accountable. It is the actual damage caused the offender has to face, not a favourable scenario.

Isn't it a case of contempt of the court not to appear? Did you ever receive a pardon from the offender?

Best,

Knut
Hi Knut,
Yes there was a sign "turn right only"
Yes it's a case of comptent not to appear
I never receive any pardon from the offender, she never call the hospital or the police to have news, worster: when I was fighting for my live at the intensive care, she go on holiday in Thailand for two weeks.
The fact that she never worry about me is more painfull as all my broken bones
Yves
 
IMHO from what you have said, she clearly doesn't give a flying dogshite about you, so. . . . Why should you , about her?
 
I don't know, in Belgium, can you sue her personally for your losses? Of income, your medical costs, your pain, or other personal injuries? Or does the state hold all claims? Leaving you with out remedies and at the mercy of its functionaries?
Yes of course you can sue her, but she don't have a rusty nail to pay, so her insurance will pay, so far I receive 20.000 Euros, this money cover only the extra medical expenses not covered by our individual medical care.
Her insurance try to do evrything to put the thing on the long way,
They send me already to two medical experts, next august I must go again for X rays, scans, they will send the results to the experts and they will give there conclusions to the court, and so on. with a lot of good luck, we will go to the court at 2022.
Of course, how older you are the less you can expect
At oktober the crash will be two years old, two years of pains.
Yves
 
"Nasty, horrible, anti social, dangerous motorcyclists breaks the law so must be severely punished"
vs
"Otherwise law abiding, respectful, lady motorist makes an innocent mistake and we must separate the mistake from the unintended consequences and therefore conclude on minimum punishment".

Sadly, not an uncommon situation.
Hi Nigel, you always can digest a situation in a few words
Thanks
Yves
 
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