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A grim day in NH

nickrides said:
Ok
So what was the final synopsis of this Trial?
Had the bikers been drinking?
Had the truck driver been drinking?
What actually caused the collision?

Nick
Click to expand...

This was in post # 193
"Mazza's blood-alcohol level was 0.135%, well above the legal limit of 0.08%"
Mazza was the lead rider.

The report in post # 193 showed the lead bike was on the centerline.

Sounds like both the rider and pickup driver were both partly at fault.
 
If the lead rider was drunk, (first I’m hearing of it) than I retract my criticism of the legal decision, but stand on my statement, that it is still a sad day, for the families of all involved, and for the riding community at large, which includes us.
 
rangerreece said:
If the lead rider was drunk, (first I’m hearing of it) than I retract my criticism of the legal decision, but stand on my statement, that it is still a sad day, for the families of all involved, and for the riding community at large, which includes us.
Click to expand...

Well, as most of us know, there are two standards which apply generally in US courts. For criminal matters, there's the "beyond reasonable doubt" standard, and for civil matters, there's the "preponderance of the evidence" standard. Civil suits have already been filed in this case, and what will be months/years of civil litigation will begin. None of these will bring back the decedents. The targets of the litigation will be not only the driver of the truck, his employer, their insurers, but also the Commonwealth of Massachusetts for allegedly letting this driver have a drivers' license. The purpose of the litigation will be to attempt to try to insure that events like this don't happen again, but also to provide some compensation to the riders' families. It won't be an overnight process.
 
ExGMan said:
Well, as most of us know, there are two standards which apply generally in US courts. For criminal matters, there's the "beyond reasonable doubt" standard, and for civil matters, there's the "preponderance of the evidence" standard. Civil suits have already been filed in this case, and what will be months/years of civil litigation will begin. None of these will bring back the decedents. The targets of the litigation will be not only the driver of the truck, his employer, their insurers, but also the Commonwealth of Massachusetts for allegedly letting this driver have a drivers' license. The purpose of the litigation will be to attempt to try to insure that events like this don't happen again, but also to provide some compensation to the riders' families. It won't be an overnight process.
Click to expand...

Unless I'm mistaken. the civil litigation filed by the families was before the verdict was rendered, when everyone believed the initial reports the truck operator was culpable for the accident.

With the verdict not guilty criminally, they'll be hard pressed to collect anything from the drivers employer. BUT, the Comm. of Ma. is on the hook for sure.
 
brownie0486 said:
Unless I'm mistaken. the civil litigation filed by the families was before the verdict was rendered, when everyone believed the initial reports the truck operator was culpable for the accident.

With the verdict not guilty criminally, they'll be hard pressed to collect anything from the drivers employer. BUT, the Comm. of Ma. is on the hook for sure.
Click to expand...

OJ Simpson might disagree.

Doug
 
83014 said:
OJ Simpson might disagree.

Doug
Click to expand...

Obviously a different set of circumstances there. But you're correct, anyone can sue for anything in today's world. Collecting will be another matter all together, even in regards to the RMV.

I said they'll be hard pressed to collect, not that their civil suits are useless.
 
ExGMan said:
I saw an item tonight from the Boston (MA) Globe newspaper which might be of interest to readers of this thread.View attachment 88777
Click to expand...

A summary of events in court that is supported by most legal scholars apparently [ where the state couldn't prove truck drivers impairment due to 10+ hours elapsed time ]. But as reported, they knew the BAC of that leader in the group that day and that could be demonstrated as impaired.

As that one atty mentioned, had he had a public defender, he'd likely be doing a life term. In a nutshell, the prosecution could not make their case. Another notch against their case was when leo's on scene didn't note the truck driver appeared impaired.

I'd think under different circumstances, there could be shared culpability between two parties.

Interesting observation and question [ If I read this correctly ]

The driver wasn't tested for over 10 hours after the crash. Why was he tested then, what changed for him to be tested.
 
brownie0486 said:
As that one atty mentioned, had he had a public defender, he'd likely be doing a life term
Click to expand...

To be clear, the article says he had a well trained public defender:

“Michael J. Iacopino, a Manchester, N.H. criminal lawyer and president of the board of directors for the state’s nonprofit public defender program, said the verdict demonstrates the importance of effective representation for indigent defendants.
“In a lot of places that don’t have well-trained public defenders, Mr. Zhukovskyy would be serving a life sentence right now,” he said.”
 
brownie0486 said:
A summary of events in court that is supported by most legal scholars apparently [ where the state couldn't prove truck drivers impairment due to 10+ hours elapsed time ]. But as reported, they knew the BAC of that leader in the group that day and that could be demonstrated as impaired.

As that one atty mentioned, had he had a public defender, he'd likely be doing a life term. In a nutshell, the prosecution could not make their case. Another notch against their case was when leo's on scene didn't note the truck driver appeared impaired.

I'd think under different circumstances, there could be shared culpability between two parties.

Interesting observation and question [ If I read this correctly ]

The driver wasn't tested for over 10 hours after the crash. Why was he tested then, what changed for him to be tested.
Click to expand...

You really need to read the article again.

I'm not finding anything in that article (or in any other article going back to 2019) saying that the driver was not tested for over 10 hours after the crash. The article says that he consumed drugs at home before work, 10.5 hours before the 6:30pm crash.

The article also states that the driver DID have public defenders.
 
lkraus said:
You really need to read the article again.

I'm not finding anything in that article (or in any other article going back to 2019) saying that the driver was not tested for over 10 hours after the crash. The article says that he consumed drugs at home before work, 10.5 hours before the 6:30pm crash.

The article also states that the driver DID have public defenders.
Click to expand...

Yup, just reread that article again more closely. He wasn't tested, the prosecution tried to use the defendants admission of using drugs 10.5 hours before the crash to establish impairment. Wasn't allowed by the court, supported by other attys opinions on the judges decision.

The question that remains for me is why wasn't he tested immediately after the crash when there were fatalities and the initial findings were that the truck driver was at fault.
 
Omega Man said:
MANCHESTER, N.H. —
An immigration judge has ordered that Volodymyr Zhukovskyy, the man found not guilty last year of causing a crash that killed seven motorcyclists in New Hampshire in 2019, be deported.

A judge made the decision to deport Zhukovskyy, a citizen of Ukraine, on Feb. 3.

https://www.wmur.com/article/volodymyr-zhukovskyy-immigration-deportation-order/42816116#

OM
Click to expand...

He just might be handed a rifle and uniform when he gets off that plane…

Best,
DeVern
 
I participate in a couple of group rides a year; they make me nervous.

Add group riding with drinking and you're asking for it IMHO

I often see fairly large groups of 10-15 + bikes parked in front of bars, especially on the weekend

I'm amazed there aren't more of these mass casualty MC + impaired riding crashes.

I feel for the family's left behind to pick up the pieces.

What a disaster all the way around.
Nick
 
'I often see fairly large groups of 10-15 + bikes parked in front of bars, especially on the weekend'

Are these groups of BMW's? I do a lot of BMW group rides and I have a hard time picturing a bunch of BMW riders in ATGATT and high viz riding to a bar.....at least we got there safely!
 
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