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Old 03-26-2011, 05:35 AM   #16
919Maniac
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Sounds like this is one of those cases where there really wasn't anything he could have done, there wasn't any time to react it seems and he was ATGATT. These are the kinds of incidents that make you think about the risks inherent in our shared pastime.

Rider sounds like a great guy and doubtlessly he helped many a budding rider as an MSF coach. RIP
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Old 03-26-2011, 05:50 AM   #17
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Really sad he sounded like a great guy
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Old 03-26-2011, 06:39 AM   #18
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Just gutting. Amazing bio.

Was coming home in the cage yesterday...came up fast on a Ford minivan dinking around after merging from an on-ramp, almost drifted in front of me. Looked at the driver as I passed...woman smoking a cigarette and yapping on the cell phone.

That Lexus could've stopped if he'd seen brake lights sooner.
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Old 03-27-2011, 05:36 PM   #19
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First of all, my condolences to his friends and family. He sounded like a really super guy.

Quotes from one of the links in the 2nd post here,

http://www.nctimes.com/news/local/oc...27cbd1505.html


A motorist traveling about 80 mph in the far left-hand southbound lane of the freeway encountered slow-moving traffic ahead of him near Balboa Avenue, causing him to lose control of his Lexus SUV, CHP Officer Allen Reyes said.

The driver of the sport utility vehicle was not injured. Reyes said authorities had not decided whether the driver of the SUV would be cited in connection with the crash.



Does anybody else have a problem with this? I mean come on CHP, we could start with speeding, driving wayyy too fast for conditions, raining, before 6 AM, so possibly dark too. Failure to maintain control of a vehicle, inattentive driving?
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Old 03-27-2011, 06:06 PM   #20
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Quote:
Originally Posted by khager View Post
The driver of the sport utility vehicle was not injured. Reyes said authorities had not decided whether the driver of the SUV would be cited in connection with the crash.



Does anybody else have a problem with this? I mean come on CHP, we could start with speeding, driving wayyy too fast for conditions, raining, before 6 AM, so possibly dark too. Failure to maintain control of a vehicle, inattentive driving?

You obviously don't have any experience in law enforcment. A traffic investigation with a fatality and criminal prosecution generally takes around 30 days. The investigating officer needs to determine whether there will be felony charges filed or misdemeanor charges. Rushing the investigation will gain nothing. The Lexus will be inspected to eliminate any problems with the vehicle and to eliminate the driver saying there was a mechanical problem with the vehicle.

Everything you listed is an infraction. If the driver was cited for driving too fast for condition all he has to do is pay the fine and walk away. No further charges can be filed against him for this incident. That is why you wait until the investigation is complete.
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Old 03-27-2011, 06:16 PM   #21
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Rest in peace, Paul.
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Old 03-27-2011, 07:22 PM   #22
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Quote:
Originally Posted by mikerd400 View Post
You obviously don't have any experience in law enforcment. A traffic investigation with a fatality and criminal prosecution generally takes around 30 days. The investigating officer needs to determine whether there will be felony charges filed or misdemeanor charges. Rushing the investigation will gain nothing. The Lexus will be inspected to eliminate any problems with the vehicle and to eliminate the driver saying there was a mechanical problem with the vehicle.

Everything you listed is an infraction. If the driver was cited for driving too fast for condition all he has to do is pay the fine and walk away. No further charges can be filed against him for this incident. That is why you wait until the investigation is complete.
Thanks for the timely reminder. In general I have always found the CHP to be very professional.

RIP Paul.
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Old 03-27-2011, 08:11 PM   #23
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Are CHP accident reports public record so that anybody can review them? Like in order to use them in rider safety classes?
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Old 03-27-2011, 08:28 PM   #24
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Originally Posted by lemieuxmc View Post
Are CHP accident reports public record so that anybody can review them? Like in order to use them in rider safety classes?
No, the collision reports are only available to the involved parties (the rider's family, the driver, registered owners of the vehicles, insurance companies, or any passngers).

The CHP will always recommend manslaughter charges for every fatality collision if the rider/driver that caused the collision is alive. It is the district attorney's office that will not normally file the charges for misdemeanor manslaughter. I've investigated several fatality collisions where I requsted misdemeanor charges. Only once did the DA go forward with the charges. That was because the family of the deceased party kept pestering the DA's office.
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mikerd400 screwed with this post 03-27-2011 at 08:36 PM
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Old 03-27-2011, 08:35 PM   #25
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He sounds like a good guy. Sad to hear this news, my sympathies to family and friends.

Thanks a lot, Mikerd400, for helping us understand the process.

It sounds like the cage driver is at fault and should be taken to task.
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Old 03-28-2011, 07:07 AM   #26
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Quote:
Originally Posted by mikerd400 View Post
You obviously don't have any experience in law enforcment. A traffic investigation with a fatality and criminal prosecution generally takes around 30 days. The investigating officer needs to determine whether there will be felony charges filed or misdemeanor charges. Rushing the investigation will gain nothing. The Lexus will be inspected to eliminate any problems with the vehicle and to eliminate the driver saying there was a mechanical problem with the vehicle.

Everything you listed is an infraction. If the driver was cited for driving too fast for condition all he has to do is pay the fine and walk away. No further charges can be filed against him for this incident. That is why you wait until the investigation is complete.

Your right, I don't have any experience in that area, and I guess I was a little too quick to fly off the handle here on the CHP. Hopefully justice will be served here.
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Old 03-28-2011, 09:50 AM   #27
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Also

He was a Marine Corps Vet
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Old 03-28-2011, 02:12 PM   #28
Big Single
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After the offending driver does his time he should restricted to a motorcycle only license for the remainder of his life..
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Old 03-28-2011, 11:32 PM   #29
mikerd400
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Quote:
Originally Posted by khager View Post
Your right, I don't have any experience in that area, and I guess I was a little too quick to fly off the handle here on the CHP. Hopefully justice will be served here.
No worries. The CHP will do their job. The problem will be with the DA's office. Unless it is a felony, the DA's are unlikely to charge misdemeanor manslaughter. It is very hard to get a conviction for Misd. manslaughter, so they are reluctent to file charges.
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Old 03-29-2011, 07:18 AM   #30
Turkus
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Thumb A memorial for Paul Palika

this was posted in my Pashnit thread last nite:



Good evening everyone my name is Scott Stites I was a friend of Paul's. We lived in the same neighborhood and he passed by my home everyday on his way home from work. Often he would stop and we would chit chat. Paul and I shared several of the same passions (Marine Corps - Motorcycling - BMW's) and become good friends over the course of 7-8 years. Paul taught my wife the in's and out's of motorcycling at Palomar College and a couple of one on one sessions in are neighborhood.

All week I have felt like I wanted to do something in Paul's memory as my wife and I respected him so much as a man, a Marine and as a motorcycle instructor.

This evening I got permission from Paul's wife Liz to move forward with my idea. I want to get Paul a paver at the Laguna Seca Raceway in Monterey, California. It would be a memorial so to speak so that all of the people that Paul touched in the motorcycle community could visit him and pay their respects while at the raceway.

I have also told Liz that anything over the price of the paver would go directly to her or to her organization Kindred Spirits. Liz has agreed to sit down with me once the funds have been raised to determine exactly what will go on the paver. I would like to get Paul the big paver (12x12) and also get Liz the replica. This comes at a cost of $600.

Please cut and paste this and put it on all of your motorcycle forums. Make sure when the money is sent that it is sent as a donation. Otherwise paypal will take a portion (3-4%) as a fee.

Paypal address is stites@cox.net

http://www.mazdaraceway.com/pages/LSFund-steps

http://www.lagunasecaracewayfund.org...corkscrew.html

Thank you,
Scott Stites





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