crime

Motorcyclist faces manslaughter charge for fatal accident involving his briefcase

17 Comments

The Kanagawa Prefecture Highway Patrol will seek negligent manslaughter charges against a 47-year-old motorcyclist who they say caused the death of another motorist on a Yokohama City freeway last April.

According to police documents, a briefcase improperly fastened to the man’s motorcycle came free, flew off the bike and struck another motorcyclist, causing him to crash at about 6:40 p.m. on April 11, NTV reported. He died shortly afterward.

The Highway Patrol says it typically doesn’t press charges for accidents resulting from items thrown from a vehicle, but made an exception because of the fatal nature of the accident.

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17 Comments
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The Highway Patrol says it typically doesn’t press charges for accidents resulting from items thrown from a vehicle, but made an exception because of the fatal nature of the accident.

Policing? Start prosecuting anyone who has an unsafe load, not just those resulting in death! Every unsafe load has the potential to kill. That's the point of these unenforced laws.

3 ( +7 / -4 )

Cricky, I agree, but would go one step further, and add those who don't fasten their helmets to that list; if it's not fastened, then a helmet can also come off, and should therefore also come under "unsafe load". Of course, nothing will be done. I'm sure that statement will attract a lot of thumbs down, but what the hell, it's true.

What is somewhat disturbing is this statement

The Highway Patrol says it typically doesn’t press charges for accidents resulting from items thrown from a vehicle

Thrown? in this case it fell. The police farce should certainly come down on people who throw things from cars; not only is it potentially dangerous (as a motorcyclist, I've had to dodge tossed, still hot, cigarettes on many an occasion), it's also littering.

7 ( +9 / -2 )

I had the whole freaking top case come off my BWM when I hit a pothole. I'm glad nobody got hit by the thing. I'm sure I would have been in trouble. Poor guy. Sorry to hear that he died that way.

3 ( +4 / -1 )

" The Highway Patrol says it typically doesn’t press charges for accidents resulting from items thrown from a vehicle, but made an exception because of the fatal nature of the accident. "

That is a weird statement. Shouldn´t they precisely press charges for accidents resulting from items THROWN from a vehicle? However, in this case nothing was "thrown". It really sounds like a freak accident.

5 ( +5 / -0 )

Stop, pause, wait a minute and THINK. The man very obviously had it fastened down and secured or it would have fallen off immediately when he began riding. If the straps or bungee chord 'broke' later while he was driving_ is that his fault??? or is it the fault of the company that made the straps or bungee chords if they broke? Another example: If you wheel spindle on you vehicle breaks while you are driving and you wheel flies off and causes an accident and death is that your fault or the fault of the company that made the vehicle? The fact his briefcase came offdoes not prove he was negligent unless we know exactly how and why it came off.

4 ( +4 / -0 )

If the briefcase was THROWN by the guy as the article states then he's obviously guilty of murder however If it fell from the motorcycle then it the case should be investigated as negligency.

0 ( +1 / -1 )

Driving is Japan is not for the faint hearted and hopping on on 2 wheel motorcycle?? Forget it! It is bad enough with all the idiots who do everything BUT WATCH the road and if you are in an accident and thrown from a motorcycle?? Just begging to get killed or end up in a wheel chair for the rest of your life.

0 ( +2 / -2 )

@ choy123

The article said the brief case was improperly fastened.

1 ( +1 / -0 )

As a driver in japan of 8 years, I've had to dodge everything from crates to ladders, yes ladders. It's the responsibility of the driver to ensure all external loads are fastened. If a strap is defective that can be determined after the fact but in most cases it's just people who are careless and don't think item will fly off the vehicle. I saw one guys vehicle get hit by a bucket that flew of the truck in front of him. Also, when they say "thrown" from the vehicle they mean thrown by the wind and other physical forces as the vehicle speeds down the road, not throw by the person though that would be included.

0 ( +1 / -1 )

I had the whole freaking top case come off my BWM when I hit a pothole. I'm glad nobody got hit by the thing. I'm sure I would have been in trouble. Poor guy. Sorry to hear that he died that way.

I had the same thing happen to me but with a different car. I ponder as to why my comment was removed but this one above was not. Curious.

I have one of those Volkswagons with the front looking like a Rolls Royce. Odd, but turns heads.

The motorcycle dude should not be charged.

1 ( +1 / -0 )

This sounds like an accident, as the driver did indeed have te briefcase fastened. It sees idiotic to me that the police dont charge people who ACTUALLY throw items, but charge someone who tried to fasten the item.....smdh

0 ( +0 / -0 )

MaboDofulsSpicy.

You are aware that BMW also makes Motorbikes and is famous for their Touring bikes, Offroad Bikes(Paris Dakar Rally winners), etc.

The top-case is mounted on a bracket behind the passenger seat and can come of easier vs the side-cases that are mounted lower. They also often double as a backrest for the passenger(added stress on mount).

Love their Motorbikes & Gear but a bit outside my price-range.

0 ( +0 / -0 )

Either way I always had all loads strapped down well but accidents and wear/tear happens and need to be checked for.

0 ( +0 / -0 )

Mabudofuspicy:

" I had the same thing happen to me but with a different car. I ponder as to why my comment was removed but this one above was not. Curious. "

Clearly, he was talking about about BMW bike here. A "topcase", in case you did not know is that box for luggage you attach behind the rear seat.

0 ( +0 / -0 )

I think a manslaughter charge on the motorcyclist is a bit extreme.

Negligence resulting to death would be more appropriate IMHO, and with a stiff fine, with a rather large deduction of driver's license points.

1 ( +1 / -0 )

I was lucky a few years ago when a rock on the back of a dump druck bumper fell off and hit the front of my van while I was driving at close to 100 mph missing my windshield by a few inches. I chased down the truck and stopped it on the shoulder of the road. I then made a report at the toll gate and was paid the damage. Too bad for the motorcyclist who died as a result of that accident but what else could he be charged with? He'll have a hard time paying for that mistake.

0 ( +0 / -0 )

Jack Stern.

while I was driving at close to 100 mph

You were on the Autobahn at that time or just a tad speeding over the legal limit? Which highway allows you to travel 100mph/160kmh besides the Autobahn?

Maybe if you did the legal limit there wouldn't have been any damage?

0 ( +0 / -0 )

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