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05-15-2012, 10:08 AM
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#26
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Ayatollah of Rock N Rolla / Admin
Join Date: Mar 2006
Location: Parts Unknown
Posts: 12,573
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Quote:
Originally Posted by BigAls87Z28
Gotham City might be okay as I'm sure there are waivers signed and they make all employees take and sign written agreements saying they will not act like asshats when off the track or outside of an event and that they cannot he held liable if any of their employees do so.
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For whatever it's worth, those waivers seem fine and jim-dandy but when something serious happens or somebody dies they get torn apart by lawyers.
We'll see, I guess. I have a feeling that Gotham will not escape unscathed in the least.
Regarding the charge, that's the same one that landed Billy Lane in prison for killing a motorcyclist, although he was drunk and these idiots were speeding.
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05-15-2012, 10:17 AM
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#27
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Admin.
Join Date: Aug 2005
Location: Hamilton, NJ
Posts: 20,165
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Quote:
Originally Posted by NastyEllEssWon
umm yeah the kids 19 years old, the parents are no longer liable for anything he does, nor should a parent be charged for a child does. i dont come on here often anymore but evertime i do al manages to always have a few fail posts out there. thanks for not changing a thing bro!
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If a kid lives at home, even at 19, the parents can easily get dragged into civil litigation.
I removed the classy post in question.
Quote:
Originally Posted by BigAls87Z28
Not directly, no the parents cannot be charged with anything but I'm sure there might be a civil case which says that due to the promotion of speeding around on public roads by the father, they could tap the father. It will most likely come up in the case that the father runs does these kinds of videos and there will be questions as to why they two defendants thought it would be cool to mimic them?
Gotham City might be okay as I'm sure there are waivers signed and they make all employees take and sign written agreements saying they will not act like asshats when off the track or outside of an event and that they cannot he held liable if any of their employees do so.
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If the cars were owned by gotham and the drivers were employees you can be sure gotham will be sued. gotham's insurance in on the hook for losses no matter what, both the car insurance and the company's GL insurance. the drivers will get theirs separately, and I'm sure gotham's legal management will be dragged into civil suits as well. I'd wager gotham disappear as a legal entity very soon.
__________________
Vent Windows Forever!
The looser the waistband, the deeper the quicksand. Or so I have read.
Feather-light suspension, Konis just couldn't hold. I'm so glad I took a look inside your showroom doors.
Hey everybody, it's good to have you on the Baba-too-da-ba-too-ba-ba-buh-doo-ga-ga-bop-a-dop
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05-15-2012, 10:18 AM
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#28
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Ayatollah of Rock N Rolla / Admin
Join Date: Mar 2006
Location: Parts Unknown
Posts: 12,573
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Quote:
Originally Posted by BonzoHansen
If the cars were owned by gotham and the drivers were employees you can be sure gotham will be sued. gotham's insurance in on the hook for losses no matter what, both the car insurance and the company's GL insurance. the drivers will get theirs separately, and I'm sure gotham's legal management will be dragged into civil suits as well. I'd wager gotham disappear as a legal entity very soon.
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Yup, that's what I was thinking. The companies aren't just going to say "WELP, HERE'S YOUR CHECK", they are going to look for every way to avoid payment or make sure that somebody pays up for them having to pay out.
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05-15-2012, 11:14 AM
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#29
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Join Date: Jul 2004
Location: West Long Branch
Posts: 13,598
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Quote:
Originally Posted by BonzoHansen
If a kid lives at home, even at 19, the parents can easily get dragged into civil litigation.
I removed the classy post in question.
If the cars were owned by gotham and the drivers were employees you can be sure gotham will be sued. gotham's insurance in on the hook for losses no matter what, both the car insurance and the company's GL insurance. the drivers will get theirs separately, and I'm sure gotham's legal management will be dragged into civil suits as well. I'd wager gotham disappear as a legal entity very soon.
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I'm sure that Gotham will have to pay out for something, but I don't think it will be much more than an insurance pay out. You will have to prove that Gotham was someone responsible for the ****heads driving.
The legal docs that they have to sign are not that easy to blow through. When you are talking about several hundred thousands of dollars of cars being driven by people who have various levels of driving education around track conditions, expect these docs to be pretty tough to get through.
Quote:
Originally Posted by WildBillyT
Yup, that's what I was thinking. The companies aren't just going to say "WELP, HERE'S YOUR CHECK", they are going to look for every way to avoid payment or make sure that somebody pays up for them having to pay out.
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Whatever money Gotham has to pay out, if they have to pay out, they are going to sue the kids for damage of company property, breach of contract, and maybe something along the lines of damage to the company's image, etc etc.
__________________
2/20/2013: They Day the ****s Stopped
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05-15-2012, 11:34 AM
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#30
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Join Date: Aug 2004
Location: North Jersey
Posts: 3,047
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I hope truth comes out in this story and the family can receive some sort of justice. Seems like the kid in the silver Ferrari lost control and the other driver, while trying to avoid the first wreck, went into the oncoming lane and met the motorcycle head on. They must have been flying around that access road though.
I also discovered in the updated articles that the motorcyclist who was killed owned a record store in the town I work in. I noticed a few flowers and notes left by the front door when I passed it today. He was a really cool guy, I remember stopping in there a few times when I first started working here years ago to look at CDs and stuff.
__________________
Seeya,
Steve R. in North Jersey
'16 Go-Mango Dodge Charger R/T. It's so good to be back in a V8-powered, RWD car!
Former Toy - '88 Monte SS - had lots of mods...
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05-15-2012, 11:35 AM
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#31
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Meet Coordinator
Join Date: Jan 2008
Location: brick/pt. pleasant beach
Posts: 19,368
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What does a waiver have to do with employees working aside from ABSOLUTELY NOTHING?
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05-15-2012, 11:43 AM
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#32
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Admin.
Join Date: Aug 2005
Location: Hamilton, NJ
Posts: 20,165
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I've never signed any waivers as an employee driving company vehicles, or customer cars.
__________________
Vent Windows Forever!
The looser the waistband, the deeper the quicksand. Or so I have read.
Feather-light suspension, Konis just couldn't hold. I'm so glad I took a look inside your showroom doors.
Hey everybody, it's good to have you on the Baba-too-da-ba-too-ba-ba-buh-doo-ga-ga-bop-a-dop
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05-15-2012, 11:53 AM
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#33
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Ayatollah of Rock N Rolla / Admin
Join Date: Mar 2006
Location: Parts Unknown
Posts: 12,573
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Quote:
Originally Posted by BonzoHansen
I've never signed any waivers as an employee driving company vehicles, or customer cars.
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Doesn't really matter. I've seen non-competes and confidentiality clauses (with much more than the price of a Ferrari on the line) get shot down.
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05-15-2012, 11:55 AM
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#34
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Admin.
Join Date: Aug 2005
Location: Hamilton, NJ
Posts: 20,165
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true dat
__________________
Vent Windows Forever!
The looser the waistband, the deeper the quicksand. Or so I have read.
Feather-light suspension, Konis just couldn't hold. I'm so glad I took a look inside your showroom doors.
Hey everybody, it's good to have you on the Baba-too-da-ba-too-ba-ba-buh-doo-ga-ga-bop-a-dop
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05-15-2012, 11:57 AM
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#35
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Meet Coordinator
Join Date: Jan 2008
Location: brick/pt. pleasant beach
Posts: 19,368
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But, but big pal said so?
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05-15-2012, 12:41 PM
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#36
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Join Date: Jul 2004
Location: West Long Branch
Posts: 13,598
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I originally thought they payed to be in the event, but if they are an employee, they had to sign some sort of paperwork and training for insurance purposes that says they cannot be asshats, etc etc.
__________________
2/20/2013: They Day the ****s Stopped
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05-15-2012, 12:42 PM
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#37
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Join Date: Jul 2004
Location: West Long Branch
Posts: 13,598
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Quote:
Originally Posted by WildBillyT
Doesn't really matter. I've seen non-competes and confidentiality clauses (with much more than the price of a Ferrari on the line) get shot down.
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Yeah, but how many of them, if broken, could kill someone?
__________________
2/20/2013: They Day the ****s Stopped
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05-15-2012, 01:15 PM
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#38
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Join Date: Dec 2010
Location: Hillsborough
Posts: 956
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Quote:
Originally Posted by BigAls87Z28
I originally thought they payed to be in the event, but if they are an employee, they had to sign some sort of paperwork and training for insurance purposes that says they cannot be asshats, etc etc.
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While I tend to agree with you on this, you are assuming a lot of things here. This company sounds like a family that bought a bunch of super cars and then rents them out for money. I wouldn't be surprised if they had no waiver even just for the son.
__________________
"Quality means doing it right when no one is looking."
- Henry F*rd
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05-15-2012, 01:27 PM
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#39
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Join Date: Jul 2004
Location: West Long Branch
Posts: 13,598
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Quote:
Originally Posted by 88WS-6
While I tend to agree with you on this, you are assuming a lot of things here. This company sounds like a family that bought a bunch of super cars and then rents them out for money. I wouldn't be surprised if they had no waiver even just for the son.
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Gotham is actually a pretty well known company. The family issue is the Ferreti family that owns a scrap yard, but the father also does Super Speeders that promotes fast driving in exotic cars.
Gotham could be nailed for hiring someone who was part of that family, especially since the videos are very well known around the high-end super car community.
I await Jalopnik's hit piece on this whole thing.
__________________
2/20/2013: They Day the ****s Stopped
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05-15-2012, 01:34 PM
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#40
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Stalker
Join Date: Aug 2004
Posts: 12,082
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I see the 19 y/o getting sentenced to 5 years in prison, serving only 2-3(minus time served prior to conviction), and 3 years probation.
and the 28 y/o getting sentenced to 8 in prison, serving 4.5-5(minus time served), 3 years probation.
I also see Gotham going out of business. BUT most likely, many of their assests are not actually under Gotham Dream Cars name, LLC, etc. They will go out since their insurance company will drop them and they wont be able to afford future coverage. Once that happens, A similar company(maybe one such as "Big Apple Exotics") will pop up eventually with many of the same higher-ups, just not the same C.O.O., if indeed he is the father of the 28 y/o.
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05-15-2012, 02:04 PM
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#41
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Ayatollah of Rock N Rolla / Admin
Join Date: Mar 2006
Location: Parts Unknown
Posts: 12,573
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Quote:
Originally Posted by BigAls87Z28
Yeah, but how many of them, if broken, could kill someone?
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Unless it's a document drawn up by an ace team of lawyers it will be shot at very hard and there is a good chance it will crumple. And I hope you are not underestimating large corporations giving more of a crap about money than human life. Stuff like beefy patents are worth more to them.
Example: If an airline makes you agree to not sue upon death via a legally binding agreement (during ticket purchase) and a plane goes down due to neglegence they would still have to pay. Etc etc.
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05-15-2012, 02:43 PM
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#42
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Join Date: Oct 2009
Location: West Milford
Posts: 1,026
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Scrap metal owner probably has some pull in the judicial system...if the kid had a clean record he may get 6months w/the rest on probation for 4-5 years...i dont' see this kid getting any substantial jail time due to mom/dad. Its a game.
I used to deal w/this guy as he was in the import scene...he started up a exotic rental agency out of passaic. We no longer speak as there were 'issues' to say the least.
policy:
http://www.broadwaysupercars.com/#!policies|c1erv
rental form: (download and check it out)
http://www.broadwaysupercars.com/#!rental_forms|c1v49
not much in terms of standards or insurance by your provider to cover the claim in the event a lambo gets totalled...
...and gotham will probably go under but reimerge under a different entity as stated earlier, the cars are probably under a different name/organization. Bottomline is someone lost their lives and the legal procedings will probably take the next 5-10 years to pan out w/o any monetary dealings between both parties.
Last edited by 1320B4U; 05-15-2012 at 02:45 PM.
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05-15-2012, 04:39 PM
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#43
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Power Member / trans break does not equal transbrake
Join Date: May 2009
Location: The Meadowlands
Posts: 4,533
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Feretti got plenty of pull in bergen county.
thats the "famous" roll off. beautiful truck, and its no slouch eather ! think STEAMS
__________________
99 Z28 - SBE LS1/60e
Motor - 10.84 @ 128 - 1.47 60'
Nitrous - 10.16 @ 132 - 1.40 60"
Last edited by LS1ow; 05-15-2012 at 04:40 PM.
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05-15-2012, 04:54 PM
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#44
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Join Date: Aug 2004
Location: North Jersey
Posts: 3,047
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Quote:
Originally Posted by LS1ow
Feretti got plenty of pull in bergen county.
thats the "famous" roll off. beautiful truck, and its no slouch eather ! think STEAMS
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Oh yeah, I've seen that at Whiskey before! I imagine Ferretti knows people - most of the big construction/contractor businesses are involved with politics. Creamer is another one that comes to mind, they get almost every road repair contract in Bergen, and he's Chairman of the Board at Hackensack Hospital.
__________________
Seeya,
Steve R. in North Jersey
'16 Go-Mango Dodge Charger R/T. It's so good to be back in a V8-powered, RWD car!
Former Toy - '88 Monte SS - had lots of mods...
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05-15-2012, 05:06 PM
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#45
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Power Member / trans break does not equal transbrake
Join Date: May 2009
Location: The Meadowlands
Posts: 4,533
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yeap. Sanzari too, some of the family lives up the street from me still, and 1 is a cop in town.
The Feretti family are really great people, some may look down at them now because of the accidient, but it was just that, an accident. They've always been nice to me whenever ive stopped by the yard to chat and they have always helped my dad out with the buisness recomending people to him.
__________________
99 Z28 - SBE LS1/60e
Motor - 10.84 @ 128 - 1.47 60'
Nitrous - 10.16 @ 132 - 1.40 60"
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05-15-2012, 05:59 PM
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#46
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Meet Coordinator
Join Date: Jan 2008
Location: brick/pt. pleasant beach
Posts: 19,368
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Quote:
Originally Posted by V
I see the 19 y/o getting sentenced to 5 years in prison, serving only 2-3(minus time served prior to conviction), and 3 years probation.
and the 28 y/o getting sentenced to 8 in prison, serving 4.5-5(minus time served), 3 years probation.
I also see Gotham going out of business. BUT most likely, many of their assests are not actually under Gotham Dream Cars name, LLC, etc. They will go out since their insurance company will drop them and they wont be able to afford future coverage. Once that happens, A similar company(maybe one such as "Big Apple Exotics") will pop up eventually with many of the same higher-ups, just not the same C.O.O., if indeed he is the father of the 28 y/o.
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If this were a normal joe, yes. In this case, no way. This might disappear completely.
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05-15-2012, 06:40 PM
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#47
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Join Date: Jul 2004
Location: West Long Branch
Posts: 13,598
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I love it when the system works
__________________
2/20/2013: They Day the ****s Stopped
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05-15-2012, 11:26 PM
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#48
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Join Date: Apr 2009
Location: Andover, NJ
Posts: 777
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I heard about this, we were heading to the city that day. Don't know how fast they were going but mid engine cars can spin even at 25 with the weight in the back if they nail the throttle and don't respect the car. I'm not defending them, I'm 26 myself. But anyone with some common sense would treat high powered cars like that with respect no matter whether they'll do anything bad or not. As for the wreck, if there was no speeding involved, I have to say its a case of wrong place at the wrong time. My dad was involved in a similar style wreck at lower speeds. This sounds like a similar scenario. First instinct when someone wipes out is to get on the brakes or avoid no matter what it takes. You see this at the tracks too and even then its not always successful. I think this is hitting headlines because it was a bike fatality. Don't care what it is, bikes on cars rarely end well.
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05-16-2012, 06:10 AM
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#49
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Power Member / trans break does not equal transbrake
Join Date: May 2009
Location: The Meadowlands
Posts: 4,533
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__________________
99 Z28 - SBE LS1/60e
Motor - 10.84 @ 128 - 1.47 60'
Nitrous - 10.16 @ 132 - 1.40 60"
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05-16-2012, 10:56 AM
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#50
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Join Date: Apr 2009
Location: Andover, NJ
Posts: 777
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If they were speeding excessively then the morons have only themselves to blame, they were heading to the autocross for gods sake couldn't they have waited? Would Gotham Dream cars be hiring by any chance now? I need work!
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