Tag Archives: negligent driving

Longer jail time for negligent driver

A young truck driver who mowed down 10 motorcycles, killing seven people in a New Hampshire highway crash in June 2019, faces even longer jail time.

Volodymyr Zhukovskyy, 24, was arrested near his home in West Springfield, Massachusetts, three days after the carnage on a fugitive-from-justice charge.

He has also been charged with seven counts of manslaughter, seven counts of negligent homicide-DUI, seven counts of negligent homicide, one count of aggravated driving while intoxicated and one count of reckless conduct.

volodoymyr zhukovskyy Rider killer faces long jail term carnage jail timeZhukovskyy in court

Depending on verdicts, he faces more than 100 years’ jail time. However, New Hampshire is now considering increasing jail time for any driver who kills another after previous drunk driving convictions.

Zhukovskyy has two prior drink-driving convictions yet still held a Massachusetts commercial driver’s license. 

The state is also planning to allow the Director of Motor Vehicles to suspend or revoke an out-of-state truckers’ right to drive in a direct response to the multi-fatal.

Zhukovskyy is allegedly to have crossed the centre yellow line and run into a group of oncoming riders from the JarHeads Marine veterans group on their way to a charity event.

Meanwhile no charges have yet been laid over an October crash in which a Kia Rio on the wrong side of the road ploughed into a group of six riders, killing one in Kyogle, NSW.

Car ploughed into riders monthKyogle crash aftermath (Image: Seven News)

NSW Police tell us the matter is “still under investigation”.

Jail time

Under New Hampshire law, negligent driving can currently be charged as a Class A if Zhukovskyy was intoxicated at the time.

Zhukovsky initially told officers he was leaning down to get something in his truck.

However, the Federal Motor Carrier Safety Administration says Zhukovskyy tested positive for some type of narcotic or amphetamine at the time of the crash.

That makes it a Class A felony, so the term can go up to 15 years.

The judge may apply either concurrent or consecutive penalties, but there is no law requiring them to do so.

If they are consecutive, it could amount to 105 years in jail. That could multiply if the state approves the Bill for tougher penalties.

Zhukovskyy was to face a hearing in November 2019 but it has been delayed until November 2020.

He is a legal immigrant with a probationary green card who has been living in the USA for 13 years with his family. He may be deported back to the Ukraine if he is ever released from police custody.

Highway carnage

Pick-Up crash with US riders accidentAll US crash images Associated Press

The victims were members and associates of the Marine Jarheads Motorcycle Club who had just left their accommodation to attend their AGM.

They were hit by a Dodge 2500 pick-up truck carrying a long flat-bed trailer.

Club JarHeads president Manny Ribeiro says the driver “turned hard left into us and took out pretty much everyone behind me”.

Because the trailer was attached and it was such a big trailer, it was like a whip. It just cleaned us out.”

Among the carnage were a husband and wife.

The club consists of active duty or honourably discharged Marines and FMF Corpsmen.

Pick-Up crash with US riders accidentImage: AP

Three people were also injured and taken to nearby hospitals.

The ages of the victims ranged from 42 to 62.

gofundme account has been set up to rally support for the families of the victims.

It raised nearly $229,000 in the first day from more than 4720 people from across the US. It has raised almost $US590,000 ($A684,284) from more than 11,000 supporters.

As a result of crash investigations that found the driver should have had his licence revoked for previous drug charges, the Massachusetts motor vehicles chief resigned.

Source: MotorbikeWriter.com

Drivers face court over motorbike crashes

Two drivers who ran a red light and a give way sign, hitting and injuring motorbike riders have appeared in court today (29 January 2020) as the wheels of justice grind slowly on.

Give way crash

Liverpool driver Shaokun Zhu, 30, appeared in Liverpool Local Court today charged with negligence after allegedly driving through a give way sign and hitting a motorcyclist in Sydney’s west on 30 October 2019.

He has now been listed for a hearing on 26 May 2020.

NSW Police will allege he was driving a Volkswagen Passat west along Cabramatta Road West when he went through a give way sign without stopping.

His VW hit a motorbike being ridden by a 28-year-old man who was thrown from the bike.

The rider suffered significant injuries including a fractured shoulder, pelvis and hip, as well as serious cuts and abrasions.

The scene was examined by officers from the Metropolitan Crash Investigation Unit.

Shaokun Zhu was arrested and charged with dangerous driving occasioning grievous bodily harm, negligent driving occasioning grievous bodily harm.

His licence was suspended and he was given conditional bail which has been extended.

Red light crash

In the second incident last September, SUV driver Daniel Marjoribanks was charged after allegedly running a red light and hitting a rider at the intersection of Schofields and Windsor roads, Rouse Hill.

“The driver allegedly turned right against the red arrow and struck a motorcycle which was being ridden north through the intersection,” police will allege.

The motorcyclist, a 63-year-old man, suffered multiple compound fractures to his right leg and fractured ribs.

Marjoribanks was charged with:

  • Dangerous driving occasioning grievous bodily harm;
  • Negligent driving occasioning grievous bodily harm;
  • Fail to stop and assist after vehicle impact causing grievous bodily harm;
  • Fail to stop and assist after impact cause injury;
  • Drive when visiting privileges withdrawn – first offence; and
  • Not give particulars to injured person.

He appeared for the third time in Blacktown Local Court this morning where the matter was again adjourned for mention on February 12.

Source: MotorbikeWriter.com

Crashed riders risk negligent charge

More and more riders are being charged with negligent driving (riding) after a single-vehicle crash, says NSW traffic and criminal law specialist Chris Kalpage.

Our contributing lawyer has previously written articles about defending various charges and last time he addressed the issues arising out of dangerous driving and negligent driving causing death or grievous bodily harm.

He now tackles this increasing risk of a negligent driving charge for which penalties can be quite severe:

Chris Kalpage defencesChris Kalpage sets up for a track session

Negligent driving

The concept of negligence is whether the person charged was not riding in the manner of a reasonably prudent motorist, considering all the circumstances.

Often if police are called to a single-vehicle accident where the bike has come down there is a risk the rider will be charged with negligent driving.

Two cases I defended come to mind.

Case 1

Old Pac gets more ‘safety barriers’Riders on the Old Pac (Photo courtesy of Valley Images)

One morning my client was riding his Aprilia RSV on the Old Pacific Highway, tipped into a corner at below the speed limit and lost his front end on slippery leaf mulch. You could substitute that for moss, oil, gravel from filling in potholes, or anything on the road surface.

He dragged himself to the Armco and sat down, his leg was broken. To his surprise, a tow truck and ambulance stopped to assist. As he was traveling to Gosford Hospital he heard over the radio that they had picked up the wrong accident victim, so they stopped at the next accident scene some kilometres from where he had crashed.

While the paramedics were assisting the other rider, a highway patrol officer at the second scene spoke to my client while he was in the back of the ambulance. He asked what had happened and my client explained about the leaf mulch. The officer further interviewed my client in hospital.

My client subsequently received an infringement for negligent driving which we defended.

The police officer’s evidence was that my client had told him he had lost his front wheel on leaf mulch. However, the officer said he attended the site and there was no leaf mulch, inferring that my client was riding with negligence.

In calling for the officer’s notebook in cross examination of him, it was clear the officer had noted my client indicated he had lost his front wheel suddenly on hitting the mulch. In cross-examination of the officer it was established that the notebook was the totality of the content of the discussion with my client.  It was further conceded by the officer that my client had said nothing more.

It was conceded that there were many corners between where the officer saw my client in the ambulance and where the accident had occurred.

The obvious conclusion was that the officer could not correctly identify the exact corner of the crash and by inference had not attended the site as was stated. The officer’s questionable evidence was rejected, my client’s evidence favourably received and he was found not guilty.

Case 2

Oxley Highway businesses eventRiders on the Oxley Highway

Another client was riding his Ducati 748 down the Oxley Highway when he hit a wedge of tarmac, possibly caused by heat forming a lip in the soft asphalt. His bike was knocked into gravel on the opposite side of the road.

Again my client had a broken leg and the ambulance was called. A regional highway patrol officer turned up at the site about 20 minutes later. Again, he had not seen how the accident occurred and had no evidence from witnesses, but formed the view that as an accident had occurred my client must have been traveling too fast.

At the hearing, the prosecutor agreed with me that the highway patrol officer could not provide expert post accident crash analysis. That is the remit of the specially trained police crash investigation unit. The case was adjourned so representations could be made.

However, the officer chose to press on with the case. Even though the magistrate allowed the evidence — which I believe should not have been — he took into account the officer’s lack of expertise and was prepared to accept my client’s evidence. He dismissed the prosecution.

Conclusion

A mere accident does not automatically mean that the rider was negligent. The prosecution needs to establish that you were driving or riding without the standard of care and attention reasonably expected of the ordinary prudent driver.

Even if you run into the back of a vehicle that suddenly stops, it does not mean your manner of driving was negligent.

I defended a retired motorcycle highway patrol officer with significant riding experience who ran into the back of a car because he had to apply emergency braking right where there was a sudden change in the road condition. He was acquitted at hearing.

So, if you have to brake suddenly and do it on a patch of diesel causing you to run into the car in front that may not constitute negligence. The court has to take into account all the circumstances of the case as embodied in the legislation, a part of which is printed below:

NSW ROAD TRANSPORT ACT 2013 – SECT 117

Negligent, furious or reckless driving

117 Negligent, furious or reckless driving

(cf STM Act, s 42)

(1) A person must not drive a motor vehicle on a road negligently.

(3) In considering whether an offence has been committed under this section, the court is to have regard to all the circumstances of the case, including the following:

(a) the nature, condition and use of the road on which the offence is alleged to have been committed,

(b) the amount of traffic that actually is at the time, or which might reasonably be expected to be, on the road,

(c) any obstructions or hazards on the road (including, for example, broken down or crashed vehicles, fallen loads and accident or emergency scenes).

(Editor’s note: This is a NSW law, but there are similar rules in most jurisdictions.)

This relates to the specific circumstances of the particular incident and this is one situation where every case is different. No two situations are alike so they require careful analysis. Don’t assess your case based on someone you know who had a similar situation and got a certain result, as you could be very wrong.

Disclaimer

This article is for reader information and interest only and is based on New South Wales law. It is not intended to be comprehensive, and does not constitute and must not be relied on as legal advice.

Please be aware that every case is different and the matters raised may not be of specific relevance to your situation but may have a general application. You must seek specific advice tailored to your circumstances. Chris is happy to talk to anyone needing clarification. He can be contacted on 0418 211074.

Source: MotorbikeWriter.com

Liverpool driver on bike crash charge

Liverpool driver Shaokun Zhu, 30, appeared in court today charged with negligence after allegedly driving through a give way sign and hitting a motorcyclist in Sydney’s west on 30 October 2019.

NSW Police allege he was driving a Volkswagen Passat west along Cabramatta Road West when he went through a Give Way sign without stopping.

His VW hit a motorbike being ridden by a 28-year-old man who was thrown from the bike.

The rider suffered significant injuries including a fractured shoulder, pelvis and hip, as well as serious cuts and abrasions.

He was treated at the scene before being taken to Liverpool Hospital where he remains in a stable condition.

The scene was examined by officers from the Metropolitan Crash Investigation Unit.

Shaokun Zhu was arrested and charged with dangerous driving occasioning grievous bodily harm, negligent driving occasioning grievous bodily harm.

His licence was suspended, and he was given conditional bail.

The matter was today adjourned to 29 January 2020 again in Liverpool Local Court. Conditional bail continues.

If found guilty, he could face up to seven years in jail.

Source: MotorbikeWriter.com

Driver charged over motorbike collision

A driver has been charged with negligence after allegedly driving through a give way sign and hitting a motorcyclist in Sydney’s west yesterday.

NSW Police will allege the 30-year-old man was driving a Volkswagen Passat west along Cabramatta Road West.

He allegedly drove through a Give Way sign without stopping and hit the motorbike being ridden by a 28-year-old man.

The rider was thrown from his bike and suffered significant injuries including a fractured shoulder, pelvis and hip, as well as serious cuts and abrasions.

He was treated at the scene before being taken to Liverpool Hospital where he remains in a stable condition.

The scene was examined by officers from the Metropolitan Crash Investigation Unit and the driver of the vehicle was arrested.

Driver charged

Fairfield Police Station charged nsw
Fairfield Police Station

He was taken to Fairfield Police Station where he was charged with dangerous driving occasioning grievous bodily harm, negligent driving occasioning grievous bodily harm.

His licence was suspended, and he was given conditional bail to appear in Liverpool Local Court on Wednesday, 20 November 2019.

If found guilty, the driver could face up to seven years in jail.

Our sincere best wishes to the rider for a full and speedy recovery.

Comment

We can’t comment on a matter that is before the courts.

This website not only reports on crashes, but endeavours to follow up on resulting court cases.

In some cases justice takes a while.

For example, there are still no charges laid over the inicdent in which a Kia Rio on the wrong side of the road hit four riders, killing one and injuring three, in Kyogle on 20 October 2019.

Car ploughed into riders month
Image: Seven News

It’s been a tragic month on NSW roads with eight people killed and numerous injured.

Source: MotorbikeWriter.com

Driver on more charges over bike carnage

This young pick-up driver who mowed down 10 motorcycles, killing seven people in New Hampshire highway carnage in June, now faces more charges.

Volodymyr Zhukovskyy, 23, was arrested near his home in West Springfield, Massachusetts, three days after the carnage on a fugitive-from-justice charge. He was initially charged with seven counts of negligent homicide.

Now more charges have been added: seven counts of manslaughter, seven counts of negligent homicide-DUI, seven counts of negligent homicide, one count of aggravated driving while intoxicated and one count of reckless conduct.

It will be alleged that Zhukovskyy crossed the centre yellow line and crashed into a group of oncoming riders from the JarHeads Marine veterans group.

The riders were on their way to a charity event in New Hampshire.Pick-Up crash with US riders accident carnage

Jail time

Under New Hampshire law, negligent driving can be charged as a Class A if Zhukovskyy was intoxicated at the time.

Zhukovsky initially told officers he was leaning down to get something in his truck.

However, the Federal Motor Carrier Safety Administration says Zhukovskyy tested positive for some type of narcotic or amphetamine at the time of the crash.

That makes it a Class A felony, the term can go up to 15 years.

He now faces even more serious charges and, if found guilty, could face serious jail time.

The judge may apply either concurrent or consecutive penalties, but there is no law requiring them to do so.

If they are consecutive, it could amount to 105 years in jail.

Zhukovskyy has pleaded not guilty to the fugitive-from-justice charge and has waived his extradition to New Hampshire to face the murder charges in November 2019.

He is a legal immigrant with a probationary green card who has been living in the USA for 13 years with his family. He may be deported back to the Ukraine if he is ever released from police custody.

Zhukovskyy has two prior drink-driving convictions. 

Highway carnage

Pick-Up crash with US riders accident
All images Associated Press

The victims were members and associates of the Marine Jarheads Motorcycle Club who had just left their accommodation to attend their AGM.

They were hit by a Dodge 2500 pick-up truck carrying a long flat-bed trailer.

Club JarHeads president Manny Ribeiro says the driver “turned hard left into us and took out pretty much everyone behind me”.

Because the trailer was attached and it was such a big trailer, it was like a whip. It just cleaned us out.”

Among the carnage were a husband and wife.

The club consists of active duty or honourably discharged Marines and FMF Corpsmen.

Pick-Up crash with US riders accident
Image: AP

Three people were also injured and taken to nearby hospitals.

The ages of the victims ranged from 42 to 62.

gofundme account has been set up to rally support for the families of the victims.

It raised nearly $229,000 in the first day from more than 4720 people from across the US. It has raised almost $US590,000 ($A684,284) from more than 11,000 supporters.

As a result of crash investigations that found the driver should have had his licence revoked for previous drug charges, the Massachusetts motor vehicles chief has resigned.

Source: MotorbikeWriter.com

Woman faces sentence on negligent bike crash

Sydney woman Perpetual Dzikunu, 29, has been found guilty of negligent driving after a collision with a motorcycle in Sydney on 1 September 2019.

The 63-year-old male rider suffered a severely injured foot.

Dzikunu appeared in Waverely Local Court on Wednesday (16 October 2019) where she was granted continuing conditional bail.

She will return to court on November 12 for sentencing.

Negligent penalty

The driver could face a $2,200 fine and/or imprisonment for up to nine months if it is a first-time offence.

NSW Police say that about 3pm on September 1 a Toyota Aurion was turning right from a driveway on to King Street, Randwick, when it collided with the motorcycle heading east.

The rider was taken to St Vincent’s Hospital. 

Dzikunu stopped after the crash and spoke with police.

About 7.50pm the following day Dzikunu attended Maroubra Police Station where she was charged with negligent driving.

Driveway crashes

This is yet another incident of a crash where a vehicle is turning into or coming out of a driveway.

Earlier this month a 51-year-old man died when his motorcycle was hit by a 4WD attempting to turn into a driveway in Parkinson, south of Brisbane.

Most accidents happen close to home.

It seems motorists switch off as they get near home, or don’t switch on until they have driven away from home.

Riders should always be switched on.

They should be especially aware when riding in the suburbs or in the country past driveways.

A particularly deadly driveway scenario can occur on country roads where a vehicle slows without indicating.

The following rider assumes the driver is pulling over, so they overtake just as the driver decides to turn across their path into their driveway.

The result can be fatal.

Source: MotorbikeWriter.com

Negligent driving charge over motorbike crash

A 29-year-old woman has been charged with negligent driving after a collision with a motorcycle in Sydney on Sunday (1 September 2019) that left a 63-year-old male rider with a severely injured foot.

NSW Police say that about 3pm a Toyota Aurion was turning right from a driveway on to King Street, Randwick, when it collided with the motorcycle heading east.

The rider was taken to St Vincent’s Hospital for further treatment. He remains in a stable condition.

We wish him well for a full and fast recovery.

The driver of the Toyota Aurion, a 29-year-old woman, stopped after the crash and spoke with police.

About 7.50pm yesterday the woman attended Maroubra Police Station where she was charged with negligent driving.

She was given conditional bail to appear before Waverely Local Court on Wednesday, 16 October 2019. We will have an update on that day.

Officers from Eastern Beaches Police Area Command are investigating the events leading up to the crash and appeal to anyone who might have dash camera or security camera footage and is yet to speak with police to contact them.

Anyone with information about this incident is urged to contact Crime Stoppers: 1800 333 000 or https://nsw.crimestoppers.com.au.

The crash was one of three on Sunday in NSW and Queensland.

Source: MotorbikeWriter.com