Sunday, August 26, 2007

A Declaration of War

The quoted excerpt below is from a post by MADD Ray Henke of Bruce-n-Ray's Biker Forum. Although Ray posted 6 days ago, I finally have time to post my own comments on this very noteworthy addition to the B&R forum.

MADD Ray's post is long, and in two parts. It is full of terminology born of Ray's profession as a lawyer. It is, however, a very good use of your time to read it in full and wade through Ray's wordy, but intelligent, narrative.

Many of us, as bikers, wish for the end to fatalities as a result of motorist "inattentiveness" and this forum has been hosting a current discussion on "cell phone impaired drivers" and how to get them to "Hang Up and Drive". This is one biker (me) who is grateful for the time and effort put forth by MADD Ray in using his professional knowledge to further this goal, and with a pretty damn good likelihood of success.

MADD Ray's proposed actions target the source of big business and big dollars, which we all know carries a considerable amount of weight in forcing legislative action to correct crimes against humanity that so far have been avoided by our lawmakers because of the human trait termed "selfishness". Participants of this forum have tossed about ideas in response to the "How Do We Get Cagers [drivers] to Hang Up and Drive?" thread.

Most of the posted ideas are born of frustration and [justifiable] anger in looking for an end to the "Killing Fields", as described by
RC, where he has listed the most current senseless killings that go unpunished by this country's lack of adequate laws, and the selfishness of the majority of motorists. (Warning: Reading RC's Blog may instill righteous anger at the epidemic that threatens the lives of EVERYONE, every day!)

And though MADD Ray's future endeavors may provide justice to those who are maimed and/or killed senselessly, it is still a very sad fact that people must lose quality of life, livelihood, and even life itself, for our country to "Wake up, Hang up, and Drive".

So, if I've peaked your curiosity, please read the excerpt below, and then click on the links to the full narrative as written by MADD Ray.

But don't stop there. If you blog, add a link to it on your own blog page.
Add this blog to your Technorati Favorites, email this blog to your biker and non-biker friends, or perhaps that person you know who is a "die-hard" cell phone user while driving. If you use your cell phone while driving, open your own mind to the information here. It's accurate, it's alarming, and it's a warning you need to pay attention to.... because The War Has Begun.

"Employers, take notice, if you encourage your employees to use the phone for business purposes while driving, and one of your employees injures or kills a motorcyclist, bicyclist, pedestrian or other motorist, while in cell phone business conversation, we will hold you liable. Indeed, if you fail to adopt and enforce written policies prohibiting employee cell phone use while driving in the course and scope of their employment, we will hold you liable. Beware: You may also be held liable for punitive damages if your conduct was malicious under state law, e.g., in reckless or conscious disregard of the lives or safety of others.

"Cell phone companies, take notice, if you engage in public relations campaigns to mislead the public that cell phone use or hands-free cell phone use while driving is safe, you will be held liable for resulting consumer and third party injury and death. If you fail to warn your consumers, or fail to do so by means calculated to bring to the attention of your consumers that handheld and hands-free cell phone use while driving results in DUI level driving impairment and a 4 fold increased likelihood that the driver will cause an accident, you will be held liable. And, beware: If your conduct is determined to be malicious, in reckless or conscious disregard of the lives and safety of others, then again you may be held liable for exemplary damages.

"Motorists, take notice, if you drive your vehicle while under the influence of a cell phone, and you maim or kill a motorcyclist, bicyclist, pedestrian or another auto driver, you will be held liable. If you received notice from your cell phone company of the dangers of driving under the influence of your cell phone, in the warnings accompanying your phone when you originally purchased it, or in warnings attached to bills or other communications from your cell company, then if you continue to driver impaired, in conscious disregard of the health or safety of others, you too may be liable for punitive damages.

This is a Declaration of War."

Original Posts by MADD Ray Henke, August 20, 2007

First Post: Part 1 - Preamble
Second Post:
Part 2 - Strategy

If you want to contribute to this cause, you can. It does not require any action on your part. Actually it requires an "inaction". Are you willing to prevent the senseless loss of life?


This message brought to you by "Corporal Sam", a soldier in the ranks of an army of freedom fighters everywhere - fighting for the freedom to ride, and the freedom to live.

"A good solution applied with vigor now is better than a perfect solution applied ten minutes later.” GENERAL GEORGE S. PATTON, JR.

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