• Auto accident versus collision; I was wrong

    From Adam H. Kerman@21:1/5 to All on Wed Mar 19 15:45:20 2025
    The law is entirely semantics. Perhaps ordinary people (who don't watch fictional lawyers on tv and become legal experts like me) don't
    appreciate this, but a state legislature that employs professionals who
    are specifically experts in legal language and statutory construction
    fail to grasp the consequence of a semantic change?

    In this video, Steve Lehto discusses the unintended consequence of
    substituting "collision" for "accident" when Hawaii amended a law. Years
    ago, I was one of those people who stopped using the word "accident", influenced by others who wanted newspaper reporters and others in the
    media to stop reporting such incidents as "accidents" because the reader
    or listener would assume that the incident was unavoidable.

    But that's not what "accident" means. Neither in dictionary definitions
    nor statutory language has it meant "unavoidable" in which there is no
    fault to find. Instead, it means that the party at fault for the
    incident had not committed an intentional act.

    "Accident", therefore, means "without intent" not "without fault".

    To the uninformed reader or listener, as "crash" or "collision" is just
    a factual statement without finding of fault and without proving intent, "unavoidable" isn't incorrectly assumed.

    Lehto went off on a bit of an incorrect tangent about why people were
    pushing for the word "accident" not to be used.

    There are unintended consequences of changing statutory language because "feelings". Here's an example:

    In Honolulu, Five-Oh was chasing another motorist without lights and
    sirens. The driver of the vehicle being chased flipped the vehicle.
    People inside the vehicle were seriously injured.

    The cop driving was charged with a felony based on colliding with the
    vehicle being chased, because language in the statute had been changed
    from "accident" to "collision". Now, the state may have been able to
    prove that the cop was at fault for causing an accident because of the
    unsafe manner of pursuit and that conduct during pursuit was criminally negligent or reckless. But was the cop at fault for causing a collision?

    If in fact the vehicles had not collided, then the change in statutory
    language prevents charges in which an accident occurred that was not the
    result of a collision.

    Oops.

    Here's the video:

    https://www.youtube.com/watch?v=FATTJtvXbeU

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Rhino@21:1/5 to Adam H. Kerman on Wed Mar 19 13:03:23 2025
    On 2025-03-19 11:45 AM, Adam H. Kerman wrote:
    The law is entirely semantics. Perhaps ordinary people (who don't watch fictional lawyers on tv and become legal experts like me) don't
    appreciate this, but a state legislature that employs professionals who
    are specifically experts in legal language and statutory construction
    fail to grasp the consequence of a semantic change?

    In this video, Steve Lehto discusses the unintended consequence of substituting "collision" for "accident" when Hawaii amended a law. Years
    ago, I was one of those people who stopped using the word "accident", influenced by others who wanted newspaper reporters and others in the
    media to stop reporting such incidents as "accidents" because the reader
    or listener would assume that the incident was unavoidable.

    But that's not what "accident" means. Neither in dictionary definitions
    nor statutory language has it meant "unavoidable" in which there is no
    fault to find. Instead, it means that the party at fault for the
    incident had not committed an intentional act.

    "Accident", therefore, means "without intent" not "without fault".

    To the uninformed reader or listener, as "crash" or "collision" is just
    a factual statement without finding of fault and without proving intent, "unavoidable" isn't incorrectly assumed.

    Lehto went off on a bit of an incorrect tangent about why people were
    pushing for the word "accident" not to be used.

    There are unintended consequences of changing statutory language because "feelings". Here's an example:

    In Honolulu, Five-Oh was chasing another motorist without lights and
    sirens. The driver of the vehicle being chased flipped the vehicle.
    People inside the vehicle were seriously injured.

    The cop driving was charged with a felony based on colliding with the
    vehicle being chased, because language in the statute had been changed
    from "accident" to "collision". Now, the state may have been able to
    prove that the cop was at fault for causing an accident because of the
    unsafe manner of pursuit and that conduct during pursuit was criminally negligent or reckless. But was the cop at fault for causing a collision?

    If in fact the vehicles had not collided, then the change in statutory language prevents charges in which an accident occurred that was not the result of a collision.

    Oops.

    Here's the video:

    https://www.youtube.com/watch?v=FATTJtvXbeU

    When I was driving school buses, I found that my employers never used
    the word "accident". If someone hit something while driving their bus,
    even if it was the merest scratch, it was never an accident: it was
    *always* a collision. (I'm sure this would have been true if a person
    were hit, although I don't recall anyone ever hitting a person while I
    worked there.) I feel sure this was their way of making us take
    responsibility for what had happened. We didn't get to say anything that implied that whatever happened couldn't be helped in some way. Even if
    we weren't at fault, I think they expected that we could have done
    something to prevent or minimize the event. Drivers were always taken
    off the road for a day or two and made to have a retraining session with another driver after a collision.

    I can't really find fault with that approach. Language DOES matter and
    calling a collision what it was is the right thing to do. You can always
    add an adjective like "unavoidable" if that applies. Calling everything
    an accident is dishonest since most "accidents" involved some actions
    that made the accident more likely, even if there was no intent
    involved. For example, if I'm yapping on a cell phone - or in an
    animated conversation with my passengers - I am contributing to the
    likelihood of an accident even if I very much don't want to have one.
    Anything that distracts me as a driver may contribute to a collision
    whether it is talking or driving drunk or on too little sleep.


    --
    Rhino

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Rhino@21:1/5 to Adam H. Kerman on Wed Mar 19 13:51:48 2025
    On 2025-03-19 1:30 PM, Adam H. Kerman wrote:
    Rhino <[email protected]> wrote:

    . . .

    When I was driving school buses, I found that my employers never used
    the word "accident". If someone hit something while driving their bus,
    even if it was the merest scratch, it was never an accident: it was
    *always* a collision. (I'm sure this would have been true if a person
    were hit, although I don't recall anyone ever hitting a person while I
    worked there.) I feel sure this was their way of making us take
    responsibility for what had happened. We didn't get to say anything that
    implied that whatever happened couldn't be helped in some way. Even if
    we weren't at fault, I think they expected that we could have done
    something to prevent or minimize the event. Drivers were always taken
    off the road for a day or two and made to have a retraining session with
    another driver after a collision.

    Your employer wasn't wrong: there was a collision.

    I was a school bus driver too. We were told we would be blamed for a
    rear end collision (the vehicle behind colliding with the rear of the
    school bus) regardless of what the law said, because they always wanted
    us to leave adequate distance behind the vehicle ahead of the bus.

    We were certainly urged to leave plenty of following distance but I
    don't recall anyone ever insisting that we were automatically at fault
    if someone rear-ended us since that was beyond our control. I have
    trouble believing your employers could have been serious about that.

    I can't really find fault with that approach. Language DOES matter and
    calling a collision what it was is the right thing to do. You can always
    add an adjective like "unavoidable" if that applies.

    Ok, but that's a finding after a review or investigation; never state
    that without investigating at all.

    Absolutely! I didn't mean to imply otherwise.

    Calling everything an accident is dishonest since most "accidents"
    involved some actions that made the accident more likely, even if there
    was no intent involved.

    Here, you've fallen into the semantic trap yourself. First off, you just misused the word "accident". A pedestrian crosses in front of a driver and
    is struck by the vehicle. After gathering witness statements, the patrol officer or accident investigator learns that the vehicle accelerated rather than braking. That's evidence of intent. The collision was no accident.

    Agreed! But as for my use of accident, I deliberately put it in quotes
    to imply that, while it might be called that by someone, it really would
    be better to call it a collision. Sorry if that wasn't clear.

    Calling incidents without intent "accidents" is NOT dishonest. The word
    does not and never has implied "unavoidable" nor "without fault". People
    who think that's what "accident" implies are wrong.

    Fair enough: "dishonest" was the wrong word to use. It is certainly
    possible for a collision to be beyond the control of a given driver,
    although some might say that it doesn't matter if you hit someone
    because you were on glare ice, which you obviously didn't cause, because
    you should have known somehow and taken a different road (as if another
    road wouldn't be icy too) or you should "obviously" have driven slower
    (as if it is always blindingly obvious that a given patch of road is icy).

    For example, if I'm yapping on a cell phone - or in an animated
    conversation with my passengers - I am contributing to the likelihood of
    an accident even if I very much don't want to have one. Anything that
    distracts me as a driver may contribute to a collision whether it is
    talking or driving drunk or on too little sleep.

    You're right. Nevertheless, if you are at fault for a collision, it's still an accident due to the lack of intent.

    Fair enough.

    Because Lehto pointed out chargable criminal conduct by the driver at fault for causing the accident under the old language THAT WAS NOT A COLLISION
    WITH THE AT FAULT DRIVER'S VEHICLE, I am going to resume my own use of
    the word "accident" as this scenario has been brought to my attention.

    Again, fair enough.
    --
    Rhino

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Adam H. Kerman@21:1/5 to Rhino on Wed Mar 19 17:30:16 2025
    Rhino <[email protected]> wrote:

    . . .

    When I was driving school buses, I found that my employers never used
    the word "accident". If someone hit something while driving their bus,
    even if it was the merest scratch, it was never an accident: it was
    *always* a collision. (I'm sure this would have been true if a person
    were hit, although I don't recall anyone ever hitting a person while I
    worked there.) I feel sure this was their way of making us take >responsibility for what had happened. We didn't get to say anything that >implied that whatever happened couldn't be helped in some way. Even if
    we weren't at fault, I think they expected that we could have done
    something to prevent or minimize the event. Drivers were always taken
    off the road for a day or two and made to have a retraining session with >another driver after a collision.

    Your employer wasn't wrong: there was a collision.

    I was a school bus driver too. We were told we would be blamed for a
    rear end collision (the vehicle behind colliding with the rear of the
    school bus) regardless of what the law said, because they always wanted
    us to leave adequate distance behind the vehicle ahead of the bus.

    I can't really find fault with that approach. Language DOES matter and >calling a collision what it was is the right thing to do. You can always
    add an adjective like "unavoidable" if that applies.

    Ok, but that's a finding after a review or investigation; never state
    that without investigating at all.

    Calling everything an accident is dishonest since most "accidents"
    involved some actions that made the accident more likely, even if there
    was no intent involved.

    Here, you've fallen into the semantic trap yourself. First off, you just misused the word "accident". A pedestrian crosses in front of a driver and
    is struck by the vehicle. After gathering witness statements, the patrol officer or accident investigator learns that the vehicle accelerated rather than braking. That's evidence of intent. The collision was no accident.

    Calling incidents without intent "accidents" is NOT dishonest. The word
    does not and never has implied "unavoidable" nor "without fault". People
    who think that's what "accident" implies are wrong.

    For example, if I'm yapping on a cell phone - or in an animated
    conversation with my passengers - I am contributing to the likelihood of
    an accident even if I very much don't want to have one. Anything that >distracts me as a driver may contribute to a collision whether it is
    talking or driving drunk or on too little sleep.

    You're right. Nevertheless, if you are at fault for a collision, it's still
    an accident due to the lack of intent.

    Because Lehto pointed out chargable criminal conduct by the driver at fault
    for causing the accident under the old language THAT WAS NOT A COLLISION
    WITH THE AT FAULT DRIVER'S VEHICLE, I am going to resume my own use of
    the word "accident" as this scenario has been brought to my attention.

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From moviePig@21:1/5 to Adam H. Kerman on Wed Mar 19 14:51:04 2025
    On 3/19/2025 1:30 PM, Adam H. Kerman wrote:
    Rhino <[email protected]> wrote:

    . . .

    When I was driving school buses, I found that my employers never used
    the word "accident". If someone hit something while driving their bus,
    even if it was the merest scratch, it was never an accident: it was
    *always* a collision. (I'm sure this would have been true if a person
    were hit, although I don't recall anyone ever hitting a person while I
    worked there.) I feel sure this was their way of making us take
    responsibility for what had happened. We didn't get to say anything that
    implied that whatever happened couldn't be helped in some way. Even if
    we weren't at fault, I think they expected that we could have done
    something to prevent or minimize the event. Drivers were always taken
    off the road for a day or two and made to have a retraining session with
    another driver after a collision.

    Your employer wasn't wrong: there was a collision.

    I was a school bus driver too. We were told we would be blamed for a
    rear end collision (the vehicle behind colliding with the rear of the
    school bus) regardless of what the law said, because they always wanted
    us to leave adequate distance behind the vehicle ahead of the bus.

    I can't really find fault with that approach. Language DOES matter and
    calling a collision what it was is the right thing to do. You can always
    add an adjective like "unavoidable" if that applies.

    Ok, but that's a finding after a review or investigation; never state
    that without investigating at all.

    Calling everything an accident is dishonest since most "accidents"
    involved some actions that made the accident more likely, even if there
    was no intent involved.

    Here, you've fallen into the semantic trap yourself. First off, you just misused the word "accident". A pedestrian crosses in front of a driver and
    is struck by the vehicle. After gathering witness statements, the patrol officer or accident investigator learns that the vehicle accelerated rather than braking. That's evidence of intent. The collision was no accident.

    Calling incidents without intent "accidents" is NOT dishonest. The word
    does not and never has implied "unavoidable" nor "without fault". People
    who think that's what "accident" implies are wrong.

    Colloquially, at least, "accidental" has long implied those.


    For example, if I'm yapping on a cell phone - or in an animated
    conversation with my passengers - I am contributing to the likelihood of
    an accident even if I very much don't want to have one. Anything that
    distracts me as a driver may contribute to a collision whether it is
    talking or driving drunk or on too little sleep.

    You're right. Nevertheless, if you are at fault for a collision, it's still an accident due to the lack of intent.

    Because Lehto pointed out chargeable criminal conduct by the driver at fault for causing the accident under the old language THAT WAS NOT A COLLISION
    WITH THE AT FAULT DRIVER'S VEHICLE, I am going to resume my own use of
    the word "accident" as this scenario has been brought to my attention.

    Afaics, most any communication that *emphasizes* the word 'accident'
    will be heard as exoneration.

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Adam H. Kerman@21:1/5 to [email protected] on Wed Mar 19 19:41:23 2025
    BTR1701 <[email protected]> wrote:

    . . .

    The year I joined the USSS, they announced a policy change with regard to >firearms. All mentions of 'accidental discharge' of a firearm were replaced >with 'negligent discharge'. Because there's no way a gun can just go off >accidentally. It's physically impossible. The only way a gun goes off >unintended is through negligence. It puts the responsibility for the discharge >squarely on the person holding the gun.

    I can think of an obvious example in which an accidental discharge wouldn't
    be negligent: You're already in a firefight. You've aimed and your finger
    is on the trigger. Before you are able to shoot, the enemy shoots and
    strikes you, causing you to discharge your now mis-aimed weapon. That's
    an accident. Hopefully you haven't caused collateral damage to an
    innocent human being but there's no negligence.

    . . .

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From BTR1701@21:1/5 to Adam H. Kerman on Wed Mar 19 19:28:33 2025
    On Mar 19, 2025 at 8:45:20 AM PDT, ""Adam H. Kerman"" <[email protected]> wrote:

    The law is entirely semantics. Perhaps ordinary people (who don't watch fictional lawyers on tv and become legal experts like me) don't
    appreciate this, but a state legislature that employs professionals who
    are specifically experts in legal language and statutory construction
    fail to grasp the consequence of a semantic change?

    In this video, Steve Lehto discusses the unintended consequence of substituting "collision" for "accident" when Hawaii amended a law. Years
    ago, I was one of those people who stopped using the word "accident", influenced by others who wanted newspaper reporters and others in the
    media to stop reporting such incidents as "accidents" because the reader
    or listener would assume that the incident was unavoidable.

    But that's not what "accident" means. Neither in dictionary definitions
    nor statutory language has it meant "unavoidable" in which there is no
    fault to find. Instead, it means that the party at fault for the
    incident had not committed an intentional act.

    "Accident", therefore, means "without intent" not "without fault".

    To the uninformed reader or listener, as "crash" or "collision" is just
    a factual statement without finding of fault and without proving intent, "unavoidable" isn't incorrectly assumed.

    The year I joined the USSS, they announced a policy change with regard to firearms. All mentions of 'accidental discharge' of a firearm were replaced with 'negligent discharge'. Because there's no way a gun can just go off accidentally. It's physically impossible. The only way a gun goes off unintended is through negligence. It puts the responsibility for the discharge squarely on the person holding the gun.

    Lehto went off on a bit of an incorrect tangent about why people were
    pushing for the word "accident" not to be used.

    There are unintended consequences of changing statutory language because "feelings". Here's an example:

    In Honolulu, Five-Oh was chasing another motorist without lights and
    sirens. The driver of the vehicle being chased flipped the vehicle.
    People inside the vehicle were seriously injured.

    The cop driving was charged with a felony based on colliding with the
    vehicle being chased, because language in the statute had been changed
    from "accident" to "collision". Now, the state may have been able to
    prove that the cop was at fault for causing an accident because of the
    unsafe manner of pursuit and that conduct during pursuit was criminally negligent or reckless. But was the cop at fault for causing a collision?

    If in fact the vehicles had not collided, then the change in statutory language prevents charges in which an accident occurred that was not the result of a collision.

    Oops.

    Here's the video:

    https://www.youtube.com/watch?v=FATTJtvXbeU

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From BTR1701@21:1/5 to All on Wed Mar 19 19:42:40 2025
    On Mar 19, 2025 at 10:03:23 AM PDT, "Rhino" <[email protected]> wrote:

    On 2025-03-19 11:45 AM, Adam H. Kerman wrote:
    The law is entirely semantics. Perhaps ordinary people (who don't watch
    fictional lawyers on tv and become legal experts like me) don't
    appreciate this, but a state legislature that employs professionals who
    are specifically experts in legal language and statutory construction
    fail to grasp the consequence of a semantic change?

    In this video, Steve Lehto discusses the unintended consequence of
    substituting "collision" for "accident" when Hawaii amended a law. Years
    ago, I was one of those people who stopped using the word "accident",
    influenced by others who wanted newspaper reporters and others in the
    media to stop reporting such incidents as "accidents" because the reader
    or listener would assume that the incident was unavoidable.

    But that's not what "accident" means. Neither in dictionary definitions
    nor statutory language has it meant "unavoidable" in which there is no
    fault to find. Instead, it means that the party at fault for the
    incident had not committed an intentional act.

    "Accident", therefore, means "without intent" not "without fault".

    To the uninformed reader or listener, as "crash" or "collision" is just
    a factual statement without finding of fault and without proving intent,
    "unavoidable" isn't incorrectly assumed.

    Lehto went off on a bit of an incorrect tangent about why people were
    pushing for the word "accident" not to be used.

    When I was driving school buses, I found that my employers never used
    the word "accident". If someone hit something while driving their bus,
    even if it was the merest scratch, it was never an accident: it was
    *always* a collision. (I'm sure this would have been true if a person
    were hit, although I don't recall anyone ever hitting a person while I
    worked there.) I feel sure this was their way of making us take responsibility for what had happened. We didn't get to say anything that implied that whatever happened couldn't be helped in some way. Even if
    we weren't at fault, I think they expected that we could have done
    something to prevent or minimize the event. Drivers were always taken
    off the road for a day or two and made to have a retraining session with another driver after a collision.

    Even if a meteor fell out of the sky and hit the bus? You still have to go through retraining?

    I absolutely hate bureaucratic nonsense like that.

    When I was a super-secret government agent, the absolute worst thing that
    could happen was for you to have a car collision. You could walk down the street and shoot someone at random and have less paperwork and bureaucratic hoops to jump through than there was with a minor fender-bender.

    In the aftermath of 9-11, I was assigned as the detail leader for Lauren Bush (George W's niece) who was a high school student at the time. It was a very loose detail and we didn't go into the school with her. We sat out in the parking lot in a car, parked near hers and would pick her up when she left school each afternoon. She had a panic button that she could push if anything happened inside the school that would bring us running in.

    So over the course of several months, as I was sitting in my parked car, I was backed into by high school kids not one, not two, but three different times. Each bump came with reams of paperwork and repair estimates (even when no repairs were necessary) and as a bonus on my third incident, I was told I had take a mandatory driver's education safety course.

    Even though my car was parked in each instance and the engine wasn't even running. They told me if I'd been standing nearby and the car was empty, it wouldn't have counted, but because I was inside the car each time when it happened, then according to the bureaucratic rules, I was presumed to need re-education.

    Whoever thought forcing people who carry loaded firearms to deal with such inscrutable and intractable bureaucracy wasn't thinking very clearly.

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From BTR1701@21:1/5 to All on Wed Mar 19 19:43:55 2025
    On Mar 19, 2025 at 10:30:16 AM PDT, ""Adam H. Kerman"" <[email protected]>
    wrote:

    Rhino <[email protected]> wrote:

    . . .

    When I was driving school buses, I found that my employers never used
    the word "accident". If someone hit something while driving their bus,
    even if it was the merest scratch, it was never an accident: it was
    *always* a collision. (I'm sure this would have been true if a person
    were hit, although I don't recall anyone ever hitting a person while I
    worked there.) I feel sure this was their way of making us take
    responsibility for what had happened. We didn't get to say anything that
    implied that whatever happened couldn't be helped in some way. Even if
    we weren't at fault, I think they expected that we could have done
    something to prevent or minimize the event. Drivers were always taken
    off the road for a day or two and made to have a retraining session with
    another driver after a collision.

    Your employer wasn't wrong: there was a collision.

    I was a school bus driver too. We were told we would be blamed for a
    rear end collision (the vehicle behind colliding with the rear of the
    school bus) regardless of what the law said, because they always wanted
    us to leave adequate distance behind the vehicle ahead of the bus.

    How do you control how much distance there is behind you from other traffic?

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Adam H. Kerman@21:1/5 to [email protected] on Wed Mar 19 20:13:19 2025
    BTR1701 <[email protected]> wrote:
    Mar 19, 2025 at 10:30:16 AM PDT, Adam H. Kerman <[email protected]>:
    Rhino <[email protected]> wrote:

    . . .

    When I was driving school buses, I found that my employers never used
    the word "accident". If someone hit something while driving their bus, >>>even if it was the merest scratch, it was never an accident: it was >>>*always* a collision. (I'm sure this would have been true if a person >>>were hit, although I don't recall anyone ever hitting a person while I >>>worked there.) I feel sure this was their way of making us take >>>responsibility for what had happened. We didn't get to say anything that >>>implied that whatever happened couldn't be helped in some way. Even if
    we weren't at fault, I think they expected that we could have done >>>something to prevent or minimize the event. Drivers were always taken
    off the road for a day or two and made to have a retraining session with >>>another driver after a collision.

    Your employer wasn't wrong: there was a collision.

    I was a school bus driver too. We were told we would be blamed for a
    rear end collision (the vehicle behind colliding with the rear of the >>school bus) regardless of what the law said, because they always wanted
    us to leave adequate distance behind the vehicle ahead of the bus.

    How do you control how much distance there is behind you from other traffic?

    Yeah, I know. If they'd thought of it, I'd have been responsible for
    roof damage to the bus if struck by falling debris.

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From BTR1701@21:1/5 to moviePig on Wed Mar 19 20:32:04 2025
    On Mar 19, 2025 at 1:15:23 PM PDT, "moviePig" <[email protected]> wrote:

    On 3/19/2025 3:43 PM, BTR1701 wrote:
    On Mar 19, 2025 at 10:30:16 AM PDT, ""Adam H. Kerman"" <[email protected]>
    wrote:

    Rhino <[email protected]> wrote:

    . . .

    When I was driving school buses, I found that my employers never used >>>> the word "accident". If someone hit something while driving their bus, >>>> even if it was the merest scratch, it was never an accident: it was
    *always* a collision. (I'm sure this would have been true if a person >>>> were hit, although I don't recall anyone ever hitting a person while I >>>> worked there.) I feel sure this was their way of making us take
    responsibility for what had happened. We didn't get to say anything that >>>> implied that whatever happened couldn't be helped in some way. Even if >>>> we weren't at fault, I think they expected that we could have done
    something to prevent or minimize the event. Drivers were always taken >>>> off the road for a day or two and made to have a retraining session with >>>> another driver after a collision.

    Your employer wasn't wrong: there was a collision.

    I was a school bus driver too. We were told we would be blamed for a
    rear end collision (the vehicle behind colliding with the rear of the
    school bus) regardless of what the law said, because they always wanted >>> us to leave adequate distance behind the vehicle ahead of the bus.

    How do you control how much distance there is behind you from other traffic?

    Use your accelerator.

    And if there's traffic in front of you also?

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From moviePig@21:1/5 to All on Wed Mar 19 16:15:23 2025
    On 3/19/2025 3:43 PM, BTR1701 wrote:
    On Mar 19, 2025 at 10:30:16 AM PDT, ""Adam H. Kerman"" <[email protected]> wrote:

    Rhino <[email protected]> wrote:

    . . .

    When I was driving school buses, I found that my employers never used
    the word "accident". If someone hit something while driving their bus,
    even if it was the merest scratch, it was never an accident: it was
    *always* a collision. (I'm sure this would have been true if a person
    were hit, although I don't recall anyone ever hitting a person while I
    worked there.) I feel sure this was their way of making us take
    responsibility for what had happened. We didn't get to say anything that >>> implied that whatever happened couldn't be helped in some way. Even if
    we weren't at fault, I think they expected that we could have done
    something to prevent or minimize the event. Drivers were always taken
    off the road for a day or two and made to have a retraining session with >>> another driver after a collision.

    Your employer wasn't wrong: there was a collision.

    I was a school bus driver too. We were told we would be blamed for a
    rear end collision (the vehicle behind colliding with the rear of the
    school bus) regardless of what the law said, because they always wanted
    us to leave adequate distance behind the vehicle ahead of the bus.

    How do you control how much distance there is behind you from other traffic?

    Use your accelerator.

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Adam H. Kerman@21:1/5 to [email protected] on Wed Mar 19 20:45:10 2025
    BTR1701 <[email protected]> wrote:
    Mar 19, 2025 1:15:23 PM PDT, moviePig <[email protected]>:
    On 3/19/2025 3:43 PM, BTR1701 wrote:
    Mar 19, 2025 10:30:16 AM PDT, Adam H. Kerman <[email protected]>:
    Rhino <[email protected]> wrote:

    . . .

    When I was driving school buses, I found that my employers never used >>>>>the word "accident". If someone hit something while driving their bus, >>>>>even if it was the merest scratch, it was never an accident: it was >>>>>*always* a collision. (I'm sure this would have been true if a person >>>>>were hit, although I don't recall anyone ever hitting a person while I >>>>>worked there.) I feel sure this was their way of making us take >>>>>responsibility for what had happened. We didn't get to say anything that >>>>>implied that whatever happened couldn't be helped in some way. Even if >>>>>we weren't at fault, I think they expected that we could have done >>>>>something to prevent or minimize the event. Drivers were always taken >>>>>off the road for a day or two and made to have a retraining session with >>>>>another driver after a collision.

    Your employer wasn't wrong: there was a collision.

    I was a school bus driver too. We were told we would be blamed for a >>>>rear end collision (the vehicle behind colliding with the rear of the >>>>school bus) regardless of what the law said, because they always wanted >>>>us to leave adequate distance behind the vehicle ahead of the bus.

    How do you control how much distance there is behind you from other >>>traffic?

    Use your accelerator.

    And if there's traffic in front of you also?

    Oh dear gawd

    A bus's interior mirror isn't comparable to the rear view mirror of an automobile. The driver may see passengers inside the bus with it, only.

    THERE IS NO REAR VIEW MIRROR.

    It cannot be seen in the side-view mirrors either.

    It was an impossible-to-follow instruction, but what management was
    getting at was AVOIDING being in a situation in which a chain-reaction collision could occur. The bus driver was responsible for not following
    too closely. If he had to brake, then it wouldn't be as sudden a braking
    in reaction to his leader following too closely,

    It means the opposite of what moviePig said.

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From moviePig@21:1/5 to All on Wed Mar 19 17:25:16 2025
    On 3/19/2025 4:32 PM, BTR1701 wrote:
    On Mar 19, 2025 at 1:15:23 PM PDT, "moviePig" <[email protected]> wrote:

    On 3/19/2025 3:43 PM, BTR1701 wrote:
    On Mar 19, 2025 at 10:30:16 AM PDT, ""Adam H. Kerman"" <[email protected]> >>> wrote:

    Rhino <[email protected]> wrote:

    . . .

    When I was driving school buses, I found that my employers never used >>>>> the word "accident". If someone hit something while driving their bus, >>>>> even if it was the merest scratch, it was never an accident: it was >>>>> *always* a collision. (I'm sure this would have been true if a person >>>>> were hit, although I don't recall anyone ever hitting a person while I >>>>> worked there.) I feel sure this was their way of making us take
    responsibility for what had happened. We didn't get to say anything that
    implied that whatever happened couldn't be helped in some way. Even if >>>>> we weren't at fault, I think they expected that we could have done >>>>> something to prevent or minimize the event. Drivers were always taken >>>>> off the road for a day or two and made to have a retraining session with
    another driver after a collision.

    Your employer wasn't wrong: there was a collision.

    I was a school bus driver too. We were told we would be blamed for a >>>> rear end collision (the vehicle behind colliding with the rear of the >>>> school bus) regardless of what the law said, because they always wanted >>>> us to leave adequate distance behind the vehicle ahead of the bus.

    How do you control how much distance there is behind you from other traffic?

    Use your accelerator.

    And if there's traffic in front of you also?

    Use your steering wheel.

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From BTR1701@21:1/5 to moviePig on Wed Mar 19 21:45:42 2025
    On Mar 19, 2025 at 2:25:16 PM PDT, "moviePig" <[email protected]> wrote:

    On 3/19/2025 4:32 PM, BTR1701 wrote:
    On Mar 19, 2025 at 1:15:23 PM PDT, "moviePig" <[email protected]> wrote: >>
    On 3/19/2025 3:43 PM, BTR1701 wrote:
    On Mar 19, 2025 at 10:30:16 AM PDT, ""Adam H. Kerman"" <[email protected]> >>>> wrote:

    Rhino <[email protected]> wrote:

    . . .

    When I was driving school buses, I found that my employers never used >>>>>> the word "accident". If someone hit something while driving their bus,
    even if it was the merest scratch, it was never an accident: it was >>>>>> *always* a collision. (I'm sure this would have been true if a person >>>>>> were hit, although I don't recall anyone ever hitting a person while I
    worked there.) I feel sure this was their way of making us take >>>>>> responsibility for what had happened. We didn't get to say anything that
    implied that whatever happened couldn't be helped in some way. Even if
    we weren't at fault, I think they expected that we could have done >>>>>> something to prevent or minimize the event. Drivers were always taken >>>>>> off the road for a day or two and made to have a retraining session with
    another driver after a collision.

    Your employer wasn't wrong: there was a collision.

    I was a school bus driver too. We were told we would be blamed for a >>>>> rear end collision (the vehicle behind colliding with the rear of the >>>>> school bus) regardless of what the law said, because they always wanted
    us to leave adequate distance behind the vehicle ahead of the bus. >>>>
    How do you control how much distance there is behind you from other >>>> traffic?

    Use your accelerator.

    And if there's traffic in front of you also?

    Use your steering wheel.

    And do what? Run off the road with a load full of kids in the back?

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Rhino@21:1/5 to All on Wed Mar 19 17:49:13 2025
    On 2025-03-19 3:28 PM, BTR1701 wrote:
    On Mar 19, 2025 at 8:45:20 AM PDT, ""Adam H. Kerman"" <[email protected]> wrote:

    The law is entirely semantics. Perhaps ordinary people (who don't watch
    fictional lawyers on tv and become legal experts like me) don't
    appreciate this, but a state legislature that employs professionals who
    are specifically experts in legal language and statutory construction
    fail to grasp the consequence of a semantic change?

    In this video, Steve Lehto discusses the unintended consequence of
    substituting "collision" for "accident" when Hawaii amended a law. Years
    ago, I was one of those people who stopped using the word "accident",
    influenced by others who wanted newspaper reporters and others in the
    media to stop reporting such incidents as "accidents" because the reader
    or listener would assume that the incident was unavoidable.

    But that's not what "accident" means. Neither in dictionary definitions
    nor statutory language has it meant "unavoidable" in which there is no
    fault to find. Instead, it means that the party at fault for the
    incident had not committed an intentional act.

    "Accident", therefore, means "without intent" not "without fault".

    To the uninformed reader or listener, as "crash" or "collision" is just
    a factual statement without finding of fault and without proving intent,
    "unavoidable" isn't incorrectly assumed.

    The year I joined the USSS, they announced a policy change with regard to firearms. All mentions of 'accidental discharge' of a firearm were replaced with 'negligent discharge'. Because there's no way a gun can just go off accidentally. It's physically impossible. The only way a gun goes off unintended is through negligence. It puts the responsibility for the discharge
    squarely on the person holding the gun.

    What about the situation where you drop your gun through circumstances
    beyond your control - like stepping on a banana peel - the gun hits the
    ground and discharges? I understand that most (modern) guns are designed
    to be "drop safe" but that not all of them actually are. At least that's
    what I was told when I asked my friend who was a career soldier in the
    Canadian Forces about that once. Of course that situation might be
    nearly as improbable as the meteor strike you proposed earlier....


    Lehto went off on a bit of an incorrect tangent about why people were
    pushing for the word "accident" not to be used.

    There are unintended consequences of changing statutory language because
    "feelings". Here's an example:

    In Honolulu, Five-Oh was chasing another motorist without lights and
    sirens. The driver of the vehicle being chased flipped the vehicle.
    People inside the vehicle were seriously injured.

    The cop driving was charged with a felony based on colliding with the
    vehicle being chased, because language in the statute had been changed
    from "accident" to "collision". Now, the state may have been able to
    prove that the cop was at fault for causing an accident because of the
    unsafe manner of pursuit and that conduct during pursuit was criminally
    negligent or reckless. But was the cop at fault for causing a collision?

    If in fact the vehicles had not collided, then the change in statutory
    language prevents charges in which an accident occurred that was not the
    result of a collision.

    Oops.

    Here's the video:

    https://www.youtube.com/watch?v=FATTJtvXbeU





    --
    Rhino

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Rhino@21:1/5 to All on Wed Mar 19 17:44:36 2025
    On 2025-03-19 3:42 PM, BTR1701 wrote:
    On Mar 19, 2025 at 10:03:23 AM PDT, "Rhino" <[email protected]> wrote:

    On 2025-03-19 11:45 AM, Adam H. Kerman wrote:
    The law is entirely semantics. Perhaps ordinary people (who don't watch >>> fictional lawyers on tv and become legal experts like me) don't
    appreciate this, but a state legislature that employs professionals who >>> are specifically experts in legal language and statutory construction
    fail to grasp the consequence of a semantic change?

    In this video, Steve Lehto discusses the unintended consequence of
    substituting "collision" for "accident" when Hawaii amended a law. Years >>> ago, I was one of those people who stopped using the word "accident",
    influenced by others who wanted newspaper reporters and others in the
    media to stop reporting such incidents as "accidents" because the reader >>> or listener would assume that the incident was unavoidable.

    But that's not what "accident" means. Neither in dictionary definitions >>> nor statutory language has it meant "unavoidable" in which there is no >>> fault to find. Instead, it means that the party at fault for the
    incident had not committed an intentional act.

    "Accident", therefore, means "without intent" not "without fault".

    To the uninformed reader or listener, as "crash" or "collision" is just >>> a factual statement without finding of fault and without proving intent, >>> "unavoidable" isn't incorrectly assumed.

    Lehto went off on a bit of an incorrect tangent about why people were
    pushing for the word "accident" not to be used.

    When I was driving school buses, I found that my employers never used
    the word "accident". If someone hit something while driving their bus,
    even if it was the merest scratch, it was never an accident: it was
    *always* a collision. (I'm sure this would have been true if a person
    were hit, although I don't recall anyone ever hitting a person while I
    worked there.) I feel sure this was their way of making us take
    responsibility for what had happened. We didn't get to say anything that
    implied that whatever happened couldn't be helped in some way. Even if
    we weren't at fault, I think they expected that we could have done
    something to prevent or minimize the event. Drivers were always taken
    off the road for a day or two and made to have a retraining session with
    another driver after a collision.

    Even if a meteor fell out of the sky and hit the bus? You still have to go through retraining?

    I absolutely hate bureaucratic nonsense like that.

    My employers were reasonably sensible people for the most part so I like
    to think that they wouldn't force a retraining session on a driver if
    something like a meteor strike happened.

    Then again, my brother - who worked for the same company but drove a
    minivan instead of a bus - had a flat once. It took many hours for the
    repair service to come and change out the tire and then he was told he
    needed a retraining session. I asked why, given the circumstances, and
    he said he didn't really understand it either. But I don't think he ever actually *did* the retraining session. It was one of the very last days
    of the school year so it may simply have been lost in the shuffle. Or
    maybe they realized how silly it was to do a retraining session for that circumstance.

    And that reminds me that I had a flat tire myself once. I ran over a
    piece of something on the road just before I got to the school and
    didn't notice anything off but after I'd let the kids off and was doing
    my child-check (to make sure no one was still on the bus), a teacher
    crossed the laneway in from of my parked bus and noticed a hissing from
    the left front tire. He brought that to my attention and I realized that
    I'd driven over something. Having remembered how long it took someone to
    come for my brother's flat and being in dire need of a washroom, I
    decided to drive the bus back to our office - the repair bays are in the
    same building - because drivers were not permitted to use the school
    washrooms. I took slower secondary roads rather than the expressway -
    and got back without incident. However, I was surprised to discover that
    the damaged tire was not even properly seated on the rim. The bus hadn't
    ridden oddly with the front left side sagging as I would have thought
    given the circumstances. I told the mechanics that I probably shouldn't
    have moved once I knew about the flat and they agreed but I didn't get
    into any trouble let alone forced to take a retraining session.

    When I was a super-secret government agent, the absolute worst thing that could happen was for you to have a car collision. You could walk down the street and shoot someone at random and have less paperwork and bureaucratic hoops to jump through than there was with a minor fender-bender.

    In the aftermath of 9-11, I was assigned as the detail leader for Lauren Bush (George W's niece) who was a high school student at the time. It was a very loose detail and we didn't go into the school with her. We sat out in the parking lot in a car, parked near hers and would pick her up when she left school each afternoon. She had a panic button that she could push if anything happened inside the school that would bring us running in.

    So over the course of several months, as I was sitting in my parked car, I was
    backed into by high school kids not one, not two, but three different times. Each bump came with reams of paperwork and repair estimates (even when no repairs were necessary) and as a bonus on my third incident, I was told I had take a mandatory driver's education safety course.

    Even though my car was parked in each instance and the engine wasn't even running. They told me if I'd been standing nearby and the car was empty, it wouldn't have counted, but because I was inside the car each time when it happened, then according to the bureaucratic rules, I was presumed to need re-education.

    Whoever thought forcing people who carry loaded firearms to deal with such inscrutable and intractable bureaucracy wasn't thinking very clearly.


    LOL!

    I'm gonna guess that the paperwork was to cover their asses in case you,
    or anyone else in the car, developed an injury after the fact - "I
    thought it was just a bit of whiplash but the doctor says I've got a
    serious injury" - and limit the government's liability.

    I hear you though: the bureaucracy seems to be able to conjure up
    mountains of paperwork for circumstances that don't seem to require it.

    As for agents not pulling a Peter Finch (from the film Network) and
    screaming "I'm damned mad and I can't take it any more!) them emptying a
    mag into the paper-pushers, I'm guessing that either USSS agents have to
    have extraordinary levels of patience to get the job OR the geniuses in
    the bureaucracy simply didn't give it any thought. My money's on the
    latter....

    --
    Rhino

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From BTR1701@21:1/5 to All on Wed Mar 19 21:50:01 2025
    On Mar 19, 2025 at 2:44:36 PM PDT, "Rhino" <[email protected]> wrote:

    On 2025-03-19 3:42 PM, BTR1701 wrote:
    On Mar 19, 2025 at 10:03:23 AM PDT, "Rhino" <[email protected]>
    wrote:

    On 2025-03-19 11:45 AM, Adam H. Kerman wrote:
    The law is entirely semantics. Perhaps ordinary people (who don't watch >>>> fictional lawyers on tv and become legal experts like me) don't
    appreciate this, but a state legislature that employs professionals who >>>> are specifically experts in legal language and statutory construction >>>> fail to grasp the consequence of a semantic change?

    In this video, Steve Lehto discusses the unintended consequence of
    substituting "collision" for "accident" when Hawaii amended a law. Years
    ago, I was one of those people who stopped using the word "accident", >>>> influenced by others who wanted newspaper reporters and others in the >>>> media to stop reporting such incidents as "accidents" because the reader
    or listener would assume that the incident was unavoidable.

    But that's not what "accident" means. Neither in dictionary definitions >>>> nor statutory language has it meant "unavoidable" in which there is no >>>> fault to find. Instead, it means that the party at fault for the
    incident had not committed an intentional act.

    "Accident", therefore, means "without intent" not "without fault".

    To the uninformed reader or listener, as "crash" or "collision" is just >>>> a factual statement without finding of fault and without proving intent,
    "unavoidable" isn't incorrectly assumed.

    Lehto went off on a bit of an incorrect tangent about why people were >>>> pushing for the word "accident" not to be used.

    When I was driving school buses, I found that my employers never used
    the word "accident". If someone hit something while driving their bus,
    even if it was the merest scratch, it was never an accident: it was
    *always* a collision. (I'm sure this would have been true if a person
    were hit, although I don't recall anyone ever hitting a person while I
    worked there.) I feel sure this was their way of making us take
    responsibility for what had happened. We didn't get to say anything that >>> implied that whatever happened couldn't be helped in some way. Even if
    we weren't at fault, I think they expected that we could have done
    something to prevent or minimize the event. Drivers were always taken
    off the road for a day or two and made to have a retraining session with >>> another driver after a collision.

    Even if a meteor fell out of the sky and hit the bus? You still have to go >> through retraining?

    I absolutely hate bureaucratic nonsense like that.

    My employers were reasonably sensible people for the most part so I like
    to think that they wouldn't force a retraining session on a driver if something like a meteor strike happened.

    Then again, my brother - who worked for the same company but drove a
    minivan instead of a bus - had a flat once. It took many hours for the
    repair service to come and change out the tire and then he was told he
    needed a retraining session. I asked why, given the circumstances, and
    he said he didn't really understand it either. But I don't think he ever actually *did* the retraining session. It was one of the very last days
    of the school year so it may simply have been lost in the shuffle. Or
    maybe they realized how silly it was to do a retraining session for that circumstance.

    And that reminds me that I had a flat tire myself once. I ran over a
    piece of something on the road just before I got to the school and
    didn't notice anything off but after I'd let the kids off and was doing
    my child-check (to make sure no one was still on the bus), a teacher
    crossed the laneway in from of my parked bus and noticed a hissing from
    the left front tire. He brought that to my attention and I realized that
    I'd driven over something. Having remembered how long it took someone to
    come for my brother's flat and being in dire need of a washroom, I
    decided to drive the bus back to our office - the repair bays are in the
    same building - because drivers were not permitted to use the school washrooms. I took slower secondary roads rather than the expressway -
    and got back without incident. However, I was surprised to discover that
    the damaged tire was not even properly seated on the rim. The bus hadn't ridden oddly with the front left side sagging as I would have thought
    given the circumstances. I told the mechanics that I probably shouldn't
    have moved once I knew about the flat and they agreed but I didn't get
    into any trouble let alone forced to take a retraining session.

    When I was a super-secret government agent, the absolute worst thing that >> could happen was for you to have a car collision. You could walk down the >> street and shoot someone at random and have less paperwork and bureaucratic >> hoops to jump through than there was with a minor fender-bender.

    In the aftermath of 9-11, I was assigned as the detail leader for Lauren
    Bush
    (George W's niece) who was a high school student at the time. It was a very >> loose detail and we didn't go into the school with her. We sat out in the >> parking lot in a car, parked near hers and would pick her up when she left >> school each afternoon. She had a panic button that she could push if
    anything
    happened inside the school that would bring us running in.

    So over the course of several months, as I was sitting in my parked car, I >> was
    backed into by high school kids not one, not two, but three different times.
    Each bump came with reams of paperwork and repair estimates (even when no >> repairs were necessary) and as a bonus on my third incident, I was told I >> had
    take a mandatory driver's education safety course.

    Even though my car was parked in each instance and the engine wasn't even >> running. They told me if I'd been standing nearby and the car was empty, it >> wouldn't have counted, but because I was inside the car each time when it >> happened, then according to the bureaucratic rules, I was presumed to need >> re-education.

    Whoever thought forcing people who carry loaded firearms to deal with such >> inscrutable and intractable bureaucracy wasn't thinking very clearly.

    LOL!

    I'm gonna guess that the paperwork was to cover their asses in case you,
    or anyone else in the car, developed an injury after the fact - "I
    thought it was just a bit of whiplash but the doctor says I've got a
    serious injury" - and limit the government's liability.

    I hear you though: the bureaucracy seems to be able to conjure up
    mountains of paperwork for circumstances that don't seem to require it.

    All it did was teach me the lesson: if it happens again, say you were out stretching your legs and not in the car, regardless of whether it was true or not.

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From BTR1701@21:1/5 to All on Wed Mar 19 21:51:46 2025
    On Mar 19, 2025 at 2:49:13 PM PDT, "Rhino" <[email protected]> wrote:

    On 2025-03-19 3:28 PM, BTR1701 wrote:
    On Mar 19, 2025 at 8:45:20 AM PDT, ""Adam H. Kerman"" <[email protected]>
    wrote:

    The law is entirely semantics. Perhaps ordinary people (who don't watch >>> fictional lawyers on tv and become legal experts like me) don't
    appreciate this, but a state legislature that employs professionals who >>> are specifically experts in legal language and statutory construction
    fail to grasp the consequence of a semantic change?

    In this video, Steve Lehto discusses the unintended consequence of
    substituting "collision" for "accident" when Hawaii amended a law. Years >>> ago, I was one of those people who stopped using the word "accident",
    influenced by others who wanted newspaper reporters and others in the
    media to stop reporting such incidents as "accidents" because the reader >>> or listener would assume that the incident was unavoidable.

    But that's not what "accident" means. Neither in dictionary definitions >>> nor statutory language has it meant "unavoidable" in which there is no
    fault to find. Instead, it means that the party at fault for the
    incident had not committed an intentional act.

    "Accident", therefore, means "without intent" not "without fault".

    To the uninformed reader or listener, as "crash" or "collision" is just >>> a factual statement without finding of fault and without proving intent, >>> "unavoidable" isn't incorrectly assumed.

    The year I joined the USSS, they announced a policy change with regard to >> firearms. All mentions of 'accidental discharge' of a firearm were replaced >> with 'negligent discharge'. Because there's no way a gun can just go off
    accidentally. It's physically impossible. The only way a gun goes off
    unintended is through negligence. It puts the responsibility for the
    discharge
    squarely on the person holding the gun.

    What about the situation where you drop your gun through circumstances
    beyond your control - like stepping on a banana peel - the gun hits the ground and discharges?

    It can't. We didn't use Alec Baldwin guns. It's physically impossible for the SIG-Sauer P-229 to fire unless the trigger is pulled.

    I understand that most (modern) guns are designed
    to be "drop safe" but that not all of them actually are. At least that's
    what I was told when I asked my friend who was a career soldier in the Canadian Forces about that once. Of course that situation might be
    nearly as improbable as the meteor strike you proposed earlier....


    Lehto went off on a bit of an incorrect tangent about why people were
    pushing for the word "accident" not to be used.

    There are unintended consequences of changing statutory language because >>> "feelings". Here's an example:

    In Honolulu, Five-Oh was chasing another motorist without lights and
    sirens. The driver of the vehicle being chased flipped the vehicle.
    People inside the vehicle were seriously injured.

    The cop driving was charged with a felony based on colliding with the
    vehicle being chased, because language in the statute had been changed
    from "accident" to "collision". Now, the state may have been able to
    prove that the cop was at fault for causing an accident because of the
    unsafe manner of pursuit and that conduct during pursuit was criminally >>> negligent or reckless. But was the cop at fault for causing a collision? >>>
    If in fact the vehicles had not collided, then the change in statutory
    language prevents charges in which an accident occurred that was not the >>> result of a collision.

    Oops.

    Here's the video:

    https://www.youtube.com/watch?v=FATTJtvXbeU

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Your Name@21:1/5 to moviePig on Thu Mar 20 10:54:40 2025
    On 2025-03-19 21:25:16 +0000, moviePig said:
    On 3/19/2025 4:32 PM, BTR1701 wrote:
    On Mar 19, 2025 at 1:15:23 PM PDT, "moviePig" <[email protected]> wrote: >>> On 3/19/2025 3:43 PM, BTR1701 wrote:
    On Mar 19, 2025 at 10:30:16 AM PDT, ""Adam H. Kerman"" <[email protected]> >>>> wrote:
    Rhino <[email protected]> wrote:

    . . .

    When I was driving school buses, I found that my employers never used >>>>>> the word "accident". If someone hit something while driving their bus, >>>>>> even if it was the merest scratch, it was never an accident: it was >>>>>> *always* a collision. (I'm sure this would have been true if a person >>>>>> were hit, although I don't recall anyone ever hitting a person while I >>>>>> worked there.) I feel sure this was their way of making us take
    responsibility for what had happened. We didn't get to say anything >>>>>> that implied that whatever happened couldn't be helped in some way. >>>>>> Even if we weren't at fault, I think they expected that we could have >>>>>> done something to prevent or minimize the event. Drivers were always >>>>>> taken off the road for a day or two and made to have a retraining
    session with another driver after a collision.

    Your employer wasn't wrong: there was a collision.

    I was a school bus driver too. We were told we would be blamed for a >>>>> rear end collision (the vehicle behind colliding with the rear of the >>>>> school bus) regardless of what the law said, because they always wanted >>>>> us to leave adequate distance behind the vehicle ahead of the bus.

    How do you control how much distance there is behind you from other traffic?

    Use your accelerator.

    And if there's traffic in front of you also?

    Use your steering wheel.

    If all else fails, there's always the hidden Knight-Rider-style 'turbo
    boost' button to jump the bus over any traffic. ;-)

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From moviePig@21:1/5 to All on Wed Mar 19 18:09:35 2025
    On 3/19/2025 5:45 PM, BTR1701 wrote:
    On Mar 19, 2025 at 2:25:16 PM PDT, "moviePig" <[email protected]> wrote:

    On 3/19/2025 4:32 PM, BTR1701 wrote:
    On Mar 19, 2025 at 1:15:23 PM PDT, "moviePig" <[email protected]> wrote: >>>
    On 3/19/2025 3:43 PM, BTR1701 wrote:
    On Mar 19, 2025 at 10:30:16 AM PDT, ""Adam H. Kerman"" <[email protected]>
    wrote:

    Rhino <[email protected]> wrote:

    . . .

    When I was driving school buses, I found that my employers never used
    the word "accident". If someone hit something while driving their bus,
    even if it was the merest scratch, it was never an accident: it was >>>>>>> *always* a collision. (I'm sure this would have been true if a person
    were hit, although I don't recall anyone ever hitting a person while I
    worked there.) I feel sure this was their way of making us take >>>>>>> responsibility for what had happened. We didn't get to say anything that
    implied that whatever happened couldn't be helped in some way. Even if
    we weren't at fault, I think they expected that we could have done >>>>>>> something to prevent or minimize the event. Drivers were always taken
    off the road for a day or two and made to have a retraining session with
    another driver after a collision.

    Your employer wasn't wrong: there was a collision.

    I was a school bus driver too. We were told we would be blamed for a >>>>>> rear end collision (the vehicle behind colliding with the rear of the
    school bus) regardless of what the law said, because they always wanted
    us to leave adequate distance behind the vehicle ahead of the bus. >>>>>
    How do you control how much distance there is behind you from other >>>>> traffic?

    Use your accelerator.

    And if there's traffic in front of you also?

    Use your steering wheel.

    And do what? Run off the road with a load full of kids in the back?

    Them's the brakes.

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Rhino@21:1/5 to All on Wed Mar 19 18:13:27 2025
    On 2025-03-19 5:50 PM, BTR1701 wrote:
    On Mar 19, 2025 at 2:44:36 PM PDT, "Rhino" <[email protected]> wrote:

    On 2025-03-19 3:42 PM, BTR1701 wrote:
    On Mar 19, 2025 at 10:03:23 AM PDT, "Rhino" <[email protected]>
    wrote:

    On 2025-03-19 11:45 AM, Adam H. Kerman wrote:
    The law is entirely semantics. Perhaps ordinary people (who don't watch
    fictional lawyers on tv and become legal experts like me) don't
    appreciate this, but a state legislature that employs professionals who
    are specifically experts in legal language and statutory construction >>>>> fail to grasp the consequence of a semantic change?

    In this video, Steve Lehto discusses the unintended consequence of >>>>> substituting "collision" for "accident" when Hawaii amended a law. Years
    ago, I was one of those people who stopped using the word "accident", >>>>> influenced by others who wanted newspaper reporters and others in the >>>>> media to stop reporting such incidents as "accidents" because the reader
    or listener would assume that the incident was unavoidable.

    But that's not what "accident" means. Neither in dictionary definitions
    nor statutory language has it meant "unavoidable" in which there is no
    fault to find. Instead, it means that the party at fault for the >>>>> incident had not committed an intentional act.

    "Accident", therefore, means "without intent" not "without fault". >>>>>
    To the uninformed reader or listener, as "crash" or "collision" is just
    a factual statement without finding of fault and without proving intent,
    "unavoidable" isn't incorrectly assumed.

    Lehto went off on a bit of an incorrect tangent about why people were >>>>> pushing for the word "accident" not to be used.

    When I was driving school buses, I found that my employers never used >>>> the word "accident". If someone hit something while driving their bus, >>>> even if it was the merest scratch, it was never an accident: it was
    *always* a collision. (I'm sure this would have been true if a person >>>> were hit, although I don't recall anyone ever hitting a person while I >>>> worked there.) I feel sure this was their way of making us take
    responsibility for what had happened. We didn't get to say anything that >>>> implied that whatever happened couldn't be helped in some way. Even if >>>> we weren't at fault, I think they expected that we could have done
    something to prevent or minimize the event. Drivers were always taken >>>> off the road for a day or two and made to have a retraining session with >>>> another driver after a collision.

    Even if a meteor fell out of the sky and hit the bus? You still have to go
    through retraining?

    I absolutely hate bureaucratic nonsense like that.

    My employers were reasonably sensible people for the most part so I like
    to think that they wouldn't force a retraining session on a driver if
    something like a meteor strike happened.

    Then again, my brother - who worked for the same company but drove a
    minivan instead of a bus - had a flat once. It took many hours for the
    repair service to come and change out the tire and then he was told he
    needed a retraining session. I asked why, given the circumstances, and
    he said he didn't really understand it either. But I don't think he ever
    actually *did* the retraining session. It was one of the very last days
    of the school year so it may simply have been lost in the shuffle. Or
    maybe they realized how silly it was to do a retraining session for that
    circumstance.

    And that reminds me that I had a flat tire myself once. I ran over a
    piece of something on the road just before I got to the school and
    didn't notice anything off but after I'd let the kids off and was doing
    my child-check (to make sure no one was still on the bus), a teacher
    crossed the laneway in from of my parked bus and noticed a hissing from
    the left front tire. He brought that to my attention and I realized that
    I'd driven over something. Having remembered how long it took someone to
    come for my brother's flat and being in dire need of a washroom, I
    decided to drive the bus back to our office - the repair bays are in the
    same building - because drivers were not permitted to use the school
    washrooms. I took slower secondary roads rather than the expressway -
    and got back without incident. However, I was surprised to discover that
    the damaged tire was not even properly seated on the rim. The bus hadn't
    ridden oddly with the front left side sagging as I would have thought
    given the circumstances. I told the mechanics that I probably shouldn't
    have moved once I knew about the flat and they agreed but I didn't get
    into any trouble let alone forced to take a retraining session.

    When I was a super-secret government agent, the absolute worst thing that >>> could happen was for you to have a car collision. You could walk down the >>> street and shoot someone at random and have less paperwork and bureaucratic
    hoops to jump through than there was with a minor fender-bender.

    In the aftermath of 9-11, I was assigned as the detail leader for Lauren >>> Bush
    (George W's niece) who was a high school student at the time. It was a very
    loose detail and we didn't go into the school with her. We sat out in the >>> parking lot in a car, parked near hers and would pick her up when she left
    school each afternoon. She had a panic button that she could push if
    anything
    happened inside the school that would bring us running in.

    So over the course of several months, as I was sitting in my parked car, I
    was
    backed into by high school kids not one, not two, but three different times.
    Each bump came with reams of paperwork and repair estimates (even when no >>> repairs were necessary) and as a bonus on my third incident, I was told I >>> had
    take a mandatory driver's education safety course.

    Even though my car was parked in each instance and the engine wasn't even >>> running. They told me if I'd been standing nearby and the car was empty, it
    wouldn't have counted, but because I was inside the car each time when it >>> happened, then according to the bureaucratic rules, I was presumed to need
    re-education.

    Whoever thought forcing people who carry loaded firearms to deal with such
    inscrutable and intractable bureaucracy wasn't thinking very clearly.

    LOL!

    I'm gonna guess that the paperwork was to cover their asses in case you,
    or anyone else in the car, developed an injury after the fact - "I
    thought it was just a bit of whiplash but the doctor says I've got a
    serious injury" - and limit the government's liability.

    I hear you though: the bureaucracy seems to be able to conjure up
    mountains of paperwork for circumstances that don't seem to require it.

    All it did was teach me the lesson: if it happens again, say you were out stretching your legs and not in the car, regardless of whether it was true or not.


    That might work once but I suspect if that started being a regular thing
    among agents, the bureaucrats would insist that you couldn't leave the
    car without prior permission from a supervisor or dispatcher (if you
    have dispatchers). I'm not even joking.

    Last year, I had to have a gastroscopy at a local hospital. I was having
    a bit of trouble with things "going down the wrong way" so they stuck a
    tube down my throat to look around, then to make a bit more room for
    food, pills, whatever to go down smoothly. They sedated me first. The
    whole thing apparently only took about 5 minutes and I felt absolutely
    fine when I woke up but the rules of this procedure are that I am
    absolutely forbidden to drive myself home, take the bus home, or even
    take a cab. The ONLY way they would do the procedure was for me to have
    a friend pick me up afterwards and drive me home. Luckily, I have
    friends that are retired who could drive me and someone was available
    for when my procedure was scheduled but my friend lives out of town,
    maybe half an hour from the hospital. It really irked me that this was
    the only way to get the procedure. I was absolutely fully capable of
    walking to the bus stop and getting home from there. I asked the doctor
    and he said it was "hospital policy"; I have no doubt that policy was
    developed when their lawyers said it reduced liability.

    It would make sense to have a policy like that if I was woozy after the procedure but I was 100% fine. But if I hadn't agreed to that, they
    would have cancelled the procedure. Bloody bureaucrats!!!

    --
    Rhino

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Rhino@21:1/5 to All on Wed Mar 19 18:15:16 2025
    On 2025-03-19 5:51 PM, BTR1701 wrote:
    On Mar 19, 2025 at 2:49:13 PM PDT, "Rhino" <[email protected]> wrote:

    On 2025-03-19 3:28 PM, BTR1701 wrote:
    On Mar 19, 2025 at 8:45:20 AM PDT, ""Adam H. Kerman"" <[email protected]> >>> wrote:

    The law is entirely semantics. Perhaps ordinary people (who don't watch >>>> fictional lawyers on tv and become legal experts like me) don't
    appreciate this, but a state legislature that employs professionals who >>>> are specifically experts in legal language and statutory construction >>>> fail to grasp the consequence of a semantic change?

    In this video, Steve Lehto discusses the unintended consequence of
    substituting "collision" for "accident" when Hawaii amended a law. Years >>>> ago, I was one of those people who stopped using the word "accident", >>>> influenced by others who wanted newspaper reporters and others in the >>>> media to stop reporting such incidents as "accidents" because the reader >>>> or listener would assume that the incident was unavoidable.

    But that's not what "accident" means. Neither in dictionary definitions >>>> nor statutory language has it meant "unavoidable" in which there is no >>>> fault to find. Instead, it means that the party at fault for the
    incident had not committed an intentional act.

    "Accident", therefore, means "without intent" not "without fault".

    To the uninformed reader or listener, as "crash" or "collision" is just >>>> a factual statement without finding of fault and without proving intent, >>>> "unavoidable" isn't incorrectly assumed.

    The year I joined the USSS, they announced a policy change with regard to >>> firearms. All mentions of 'accidental discharge' of a firearm were replaced
    with 'negligent discharge'. Because there's no way a gun can just go off >>> accidentally. It's physically impossible. The only way a gun goes off
    unintended is through negligence. It puts the responsibility for the
    discharge
    squarely on the person holding the gun.

    What about the situation where you drop your gun through circumstances
    beyond your control - like stepping on a banana peel - the gun hits the
    ground and discharges?

    It can't. We didn't use Alec Baldwin guns. It's physically impossible for the SIG-Sauer P-229 to fire unless the trigger is pulled.

    In that case, it seem reasonable to make every unintentional discharge a negligent one.

    I understand that most (modern) guns are designed
    to be "drop safe" but that not all of them actually are. At least that's
    what I was told when I asked my friend who was a career soldier in the
    Canadian Forces about that once. Of course that situation might be
    nearly as improbable as the meteor strike you proposed earlier....


    Lehto went off on a bit of an incorrect tangent about why people were >>>> pushing for the word "accident" not to be used.

    There are unintended consequences of changing statutory language because >>>> "feelings". Here's an example:

    In Honolulu, Five-Oh was chasing another motorist without lights and >>>> sirens. The driver of the vehicle being chased flipped the vehicle.
    People inside the vehicle were seriously injured.

    The cop driving was charged with a felony based on colliding with the >>>> vehicle being chased, because language in the statute had been changed >>>> from "accident" to "collision". Now, the state may have been able to >>>> prove that the cop was at fault for causing an accident because of the >>>> unsafe manner of pursuit and that conduct during pursuit was criminally >>>> negligent or reckless. But was the cop at fault for causing a collision? >>>>
    If in fact the vehicles had not collided, then the change in statutory >>>> language prevents charges in which an accident occurred that was not the >>>> result of a collision.

    Oops.

    Here's the video:

    https://www.youtube.com/watch?v=FATTJtvXbeU




    --
    Rhino

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From BTR1701@21:1/5 to moviePig on Wed Mar 19 22:41:12 2025
    On Mar 19, 2025 at 3:09:35 PM PDT, "moviePig" <[email protected]> wrote:

    On 3/19/2025 5:45 PM, BTR1701 wrote:
    On Mar 19, 2025 at 2:25:16 PM PDT, "moviePig" <[email protected]> wrote: >>
    On 3/19/2025 4:32 PM, BTR1701 wrote:
    On Mar 19, 2025 at 1:15:23 PM PDT, "moviePig" <[email protected]> wrote:

    On 3/19/2025 3:43 PM, BTR1701 wrote:
    On Mar 19, 2025 at 10:30:16 AM PDT, ""Adam H. Kerman"" <[email protected]>
    wrote:

    Rhino <[email protected]> wrote:

    . . .

    When I was driving school buses, I found that my employers never used
    the word "accident". If someone hit something while driving their bus,
    even if it was the merest scratch, it was never an accident: it was
    *always* a collision. (I'm sure this would have been true if a person
    were hit, although I don't recall anyone ever hitting a person while I
    worked there.) I feel sure this was their way of making us take >>>>>>>> responsibility for what had happened. We didn't get to say anything that
    implied that whatever happened couldn't be helped in some way. Even if
    we weren't at fault, I think they expected that we could have done
    something to prevent or minimize the event. Drivers were always taken
    off the road for a day or two and made to have a retraining session with
    another driver after a collision.

    Your employer wasn't wrong: there was a collision.

    I was a school bus driver too. We were told we would be blamed for a
    rear end collision (the vehicle behind colliding with the rear of the
    school bus) regardless of what the law said, because they always wanted
    us to leave adequate distance behind the vehicle ahead of the bus. >>>>>>
    How do you control how much distance there is behind you from other >>>>>> traffic?

    Use your accelerator.

    And if there's traffic in front of you also?

    Use your steering wheel.

    And do what? Run off the road with a load full of kids in the back?

    Them's the brakes.

    Which leads us back to how you control how close the guy behind you is.

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From BTR1701@21:1/5 to All on Wed Mar 19 22:43:00 2025
    On Mar 19, 2025 at 3:13:27 PM PDT, "Rhino" <[email protected]> wrote:

    On 2025-03-19 5:50 PM, BTR1701 wrote:
    On Mar 19, 2025 at 2:44:36 PM PDT, "Rhino" <[email protected]> >> wrote:

    On 2025-03-19 3:42 PM, BTR1701 wrote:
    On Mar 19, 2025 at 10:03:23 AM PDT, "Rhino"
    <[email protected]>
    wrote:

    On 2025-03-19 11:45 AM, Adam H. Kerman wrote:
    The law is entirely semantics. Perhaps ordinary people (who don't watch
    fictional lawyers on tv and become legal experts like me) don't >>>>>> appreciate this, but a state legislature that employs professionals who
    are specifically experts in legal language and statutory construction
    fail to grasp the consequence of a semantic change?

    In this video, Steve Lehto discusses the unintended consequence of >>>>>> substituting "collision" for "accident" when Hawaii amended a law. Years
    ago, I was one of those people who stopped using the word "accident",
    influenced by others who wanted newspaper reporters and others in the
    media to stop reporting such incidents as "accidents" because the reader
    or listener would assume that the incident was unavoidable.

    But that's not what "accident" means. Neither in dictionary definitions
    nor statutory language has it meant "unavoidable" in which there is no
    fault to find. Instead, it means that the party at fault for the >>>>>> incident had not committed an intentional act.

    "Accident", therefore, means "without intent" not "without fault". >>>>>>
    To the uninformed reader or listener, as "crash" or "collision" is just
    a factual statement without finding of fault and without proving intent,
    "unavoidable" isn't incorrectly assumed.

    Lehto went off on a bit of an incorrect tangent about why people were
    pushing for the word "accident" not to be used.

    When I was driving school buses, I found that my employers never used >>>>> the word "accident". If someone hit something while driving their bus, >>>>> even if it was the merest scratch, it was never an accident: it was >>>>> *always* a collision. (I'm sure this would have been true if a person >>>>> were hit, although I don't recall anyone ever hitting a person while I >>>>> worked there.) I feel sure this was their way of making us take
    responsibility for what had happened. We didn't get to say anything that
    implied that whatever happened couldn't be helped in some way. Even if >>>>> we weren't at fault, I think they expected that we could have done >>>>> something to prevent or minimize the event. Drivers were always taken >>>>> off the road for a day or two and made to have a retraining session with
    another driver after a collision.

    Even if a meteor fell out of the sky and hit the bus? You still have to go
    through retraining?

    I absolutely hate bureaucratic nonsense like that.

    My employers were reasonably sensible people for the most part so I like >>> to think that they wouldn't force a retraining session on a driver if
    something like a meteor strike happened.

    Then again, my brother - who worked for the same company but drove a
    minivan instead of a bus - had a flat once. It took many hours for the
    repair service to come and change out the tire and then he was told he
    needed a retraining session. I asked why, given the circumstances, and
    he said he didn't really understand it either. But I don't think he ever >>> actually *did* the retraining session. It was one of the very last days >>> of the school year so it may simply have been lost in the shuffle. Or
    maybe they realized how silly it was to do a retraining session for that >>> circumstance.

    And that reminds me that I had a flat tire myself once. I ran over a
    piece of something on the road just before I got to the school and
    didn't notice anything off but after I'd let the kids off and was doing >>> my child-check (to make sure no one was still on the bus), a teacher
    crossed the laneway in from of my parked bus and noticed a hissing from >>> the left front tire. He brought that to my attention and I realized that >>> I'd driven over something. Having remembered how long it took someone to >>> come for my brother's flat and being in dire need of a washroom, I
    decided to drive the bus back to our office - the repair bays are in the >>> same building - because drivers were not permitted to use the school
    washrooms. I took slower secondary roads rather than the expressway -
    and got back without incident. However, I was surprised to discover that >>> the damaged tire was not even properly seated on the rim. The bus hadn't >>> ridden oddly with the front left side sagging as I would have thought
    given the circumstances. I told the mechanics that I probably shouldn't >>> have moved once I knew about the flat and they agreed but I didn't get
    into any trouble let alone forced to take a retraining session.

    When I was a super-secret government agent, the absolute worst thing that
    could happen was for you to have a car collision. You could walk down the
    street and shoot someone at random and have less paperwork and
    bureaucratic
    hoops to jump through than there was with a minor fender-bender.

    In the aftermath of 9-11, I was assigned as the detail leader for Lauren
    Bush
    (George W's niece) who was a high school student at the time. It was a >>>> very
    loose detail and we didn't go into the school with her. We sat out in the
    parking lot in a car, parked near hers and would pick her up when she left
    school each afternoon. She had a panic button that she could push if >>>> anything
    happened inside the school that would bring us running in.

    So over the course of several months, as I was sitting in my parked car, I
    was
    backed into by high school kids not one, not two, but three different >>>> times.
    Each bump came with reams of paperwork and repair estimates (even when no
    repairs were necessary) and as a bonus on my third incident, I was told I
    had
    take a mandatory driver's education safety course.

    Even though my car was parked in each instance and the engine wasn't even
    running. They told me if I'd been standing nearby and the car was
    empty, it
    wouldn't have counted, but because I was inside the car each time when it
    happened, then according to the bureaucratic rules, I was presumed to need
    re-education.

    Whoever thought forcing people who carry loaded firearms to deal with such
    inscrutable and intractable bureaucracy wasn't thinking very clearly. >>
    LOL!

    I'm gonna guess that the paperwork was to cover their asses in case you, >>> or anyone else in the car, developed an injury after the fact - "I
    thought it was just a bit of whiplash but the doctor says I've got a
    serious injury" - and limit the government's liability.

    I hear you though: the bureaucracy seems to be able to conjure up
    mountains of paperwork for circumstances that don't seem to require it.

    All it did was teach me the lesson: if it happens again, say you were out >> stretching your legs and not in the car, regardless of whether it was true >> or
    not.


    That might work once but I suspect if that started being a regular thing among agents, the bureaucrats would insist that you couldn't leave the
    car without prior permission from a supervisor or dispatcher (if you
    have dispatchers). I'm not even joking.

    Last year, I had to have a gastroscopy at a local hospital. I was having
    a bit of trouble with things "going down the wrong way" so they stuck a
    tube down my throat to look around, then to make a bit more room for
    food, pills, whatever to go down smoothly. They sedated me first. The
    whole thing apparently only took about 5 minutes and I felt absolutely
    fine when I woke up but the rules of this procedure are that I am
    absolutely forbidden to drive myself home, take the bus home, or even
    take a cab. The ONLY way they would do the procedure was for me to have
    a friend pick me up afterwards and drive me home. Luckily, I have
    friends that are retired who could drive me and someone was available
    for when my procedure was scheduled but my friend lives out of town,
    maybe half an hour from the hospital. It really irked me that this was
    the only way to get the procedure. I was absolutely fully capable of
    walking to the bus stop and getting home from there. I asked the doctor
    and he said it was "hospital policy"; I have no doubt that policy was developed when their lawyers said it reduced liability.

    It would make sense to have a policy like that if I was woozy after the procedure but I was 100% fine. But if I hadn't agreed to that, they
    would have cancelled the procedure. Bloody bureaucrats!!!

    So you tell them your friend is picking you up, they do the procedure, then
    you walk out the doors and go to the bus stop. They can't retroactively cancel the procedure.

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Rhino@21:1/5 to All on Wed Mar 19 20:23:58 2025
    On 2025-03-19 6:43 PM, BTR1701 wrote:
    On Mar 19, 2025 at 3:13:27 PM PDT, "Rhino" <[email protected]> wrote:

    On 2025-03-19 5:50 PM, BTR1701 wrote:
    On Mar 19, 2025 at 2:44:36 PM PDT, "Rhino" <[email protected]>
    wrote:

    On 2025-03-19 3:42 PM, BTR1701 wrote:
    On Mar 19, 2025 at 10:03:23 AM PDT, "Rhino"
    <[email protected]>
    wrote:

    On 2025-03-19 11:45 AM, Adam H. Kerman wrote:
    The law is entirely semantics. Perhaps ordinary people (who don't watch
    fictional lawyers on tv and become legal experts like me) don't >>>>>>> appreciate this, but a state legislature that employs professionals who
    are specifically experts in legal language and statutory construction
    fail to grasp the consequence of a semantic change?

    In this video, Steve Lehto discusses the unintended consequence of
    substituting "collision" for "accident" when Hawaii amended a law. Years
    ago, I was one of those people who stopped using the word "accident",
    influenced by others who wanted newspaper reporters and others in the
    media to stop reporting such incidents as "accidents" because the reader
    or listener would assume that the incident was unavoidable. >>>>>>>
    But that's not what "accident" means. Neither in dictionary definitions
    nor statutory language has it meant "unavoidable" in which there is no
    fault to find. Instead, it means that the party at fault for the >>>>>>> incident had not committed an intentional act.

    "Accident", therefore, means "without intent" not "without fault".

    To the uninformed reader or listener, as "crash" or "collision" is just
    a factual statement without finding of fault and without proving intent,
    "unavoidable" isn't incorrectly assumed.

    Lehto went off on a bit of an incorrect tangent about why people were
    pushing for the word "accident" not to be used.

    When I was driving school buses, I found that my employers never used
    the word "accident". If someone hit something while driving their bus,
    even if it was the merest scratch, it was never an accident: it was >>>>>> *always* a collision. (I'm sure this would have been true if a person
    were hit, although I don't recall anyone ever hitting a person while I
    worked there.) I feel sure this was their way of making us take >>>>>> responsibility for what had happened. We didn't get to say anything that
    implied that whatever happened couldn't be helped in some way. Even if
    we weren't at fault, I think they expected that we could have done >>>>>> something to prevent or minimize the event. Drivers were always taken
    off the road for a day or two and made to have a retraining session with
    another driver after a collision.

    Even if a meteor fell out of the sky and hit the bus? You still have to go
    through retraining?

    I absolutely hate bureaucratic nonsense like that.

    My employers were reasonably sensible people for the most part so I like >>>> to think that they wouldn't force a retraining session on a driver if >>>> something like a meteor strike happened.

    Then again, my brother - who worked for the same company but drove a >>>> minivan instead of a bus - had a flat once. It took many hours for the >>>> repair service to come and change out the tire and then he was told he >>>> needed a retraining session. I asked why, given the circumstances, and >>>> he said he didn't really understand it either. But I don't think he ever >>>> actually *did* the retraining session. It was one of the very last days >>>> of the school year so it may simply have been lost in the shuffle. Or >>>> maybe they realized how silly it was to do a retraining session for that >>>> circumstance.

    And that reminds me that I had a flat tire myself once. I ran over a >>>> piece of something on the road just before I got to the school and
    didn't notice anything off but after I'd let the kids off and was doing >>>> my child-check (to make sure no one was still on the bus), a teacher >>>> crossed the laneway in from of my parked bus and noticed a hissing from >>>> the left front tire. He brought that to my attention and I realized that >>>> I'd driven over something. Having remembered how long it took someone to >>>> come for my brother's flat and being in dire need of a washroom, I
    decided to drive the bus back to our office - the repair bays are in the >>>> same building - because drivers were not permitted to use the school >>>> washrooms. I took slower secondary roads rather than the expressway - >>>> and got back without incident. However, I was surprised to discover that >>>> the damaged tire was not even properly seated on the rim. The bus hadn't >>>> ridden oddly with the front left side sagging as I would have thought >>>> given the circumstances. I told the mechanics that I probably shouldn't >>>> have moved once I knew about the flat and they agreed but I didn't get >>>> into any trouble let alone forced to take a retraining session.

    When I was a super-secret government agent, the absolute worst thing that
    could happen was for you to have a car collision. You could walk down the
    street and shoot someone at random and have less paperwork and
    bureaucratic
    hoops to jump through than there was with a minor fender-bender. >>>>>
    In the aftermath of 9-11, I was assigned as the detail leader for Lauren
    Bush
    (George W's niece) who was a high school student at the time. It was a
    very
    loose detail and we didn't go into the school with her. We sat out in the
    parking lot in a car, parked near hers and would pick her up when she left
    school each afternoon. She had a panic button that she could push if >>>>> anything
    happened inside the school that would bring us running in.

    So over the course of several months, as I was sitting in my parked car, I
    was
    backed into by high school kids not one, not two, but three different >>>>> times.
    Each bump came with reams of paperwork and repair estimates (even when no
    repairs were necessary) and as a bonus on my third incident, I was told I
    had
    take a mandatory driver's education safety course.

    Even though my car was parked in each instance and the engine wasn't even
    running. They told me if I'd been standing nearby and the car was >>>>> empty, it
    wouldn't have counted, but because I was inside the car each time when it
    happened, then according to the bureaucratic rules, I was presumed to need
    re-education.

    Whoever thought forcing people who carry loaded firearms to deal with such
    inscrutable and intractable bureaucracy wasn't thinking very clearly. >>>
    LOL!

    I'm gonna guess that the paperwork was to cover their asses in case you, >>>> or anyone else in the car, developed an injury after the fact - "I
    thought it was just a bit of whiplash but the doctor says I've got a >>>> serious injury" - and limit the government's liability.

    I hear you though: the bureaucracy seems to be able to conjure up
    mountains of paperwork for circumstances that don't seem to require it. >>>
    All it did was teach me the lesson: if it happens again, say you were out >>> stretching your legs and not in the car, regardless of whether it was true
    or
    not.


    That might work once but I suspect if that started being a regular thing
    among agents, the bureaucrats would insist that you couldn't leave the
    car without prior permission from a supervisor or dispatcher (if you
    have dispatchers). I'm not even joking.

    Last year, I had to have a gastroscopy at a local hospital. I was having
    a bit of trouble with things "going down the wrong way" so they stuck a
    tube down my throat to look around, then to make a bit more room for
    food, pills, whatever to go down smoothly. They sedated me first. The
    whole thing apparently only took about 5 minutes and I felt absolutely
    fine when I woke up but the rules of this procedure are that I am
    absolutely forbidden to drive myself home, take the bus home, or even
    take a cab. The ONLY way they would do the procedure was for me to have
    a friend pick me up afterwards and drive me home. Luckily, I have
    friends that are retired who could drive me and someone was available
    for when my procedure was scheduled but my friend lives out of town,
    maybe half an hour from the hospital. It really irked me that this was
    the only way to get the procedure. I was absolutely fully capable of
    walking to the bus stop and getting home from there. I asked the doctor
    and he said it was "hospital policy"; I have no doubt that policy was
    developed when their lawyers said it reduced liability.

    It would make sense to have a policy like that if I was woozy after the
    procedure but I was 100% fine. But if I hadn't agreed to that, they
    would have cancelled the procedure. Bloody bureaucrats!!!

    So you tell them your friend is picking you up, they do the procedure, then you walk out the doors and go to the bus stop. They can't retroactively cancel
    the procedure.


    It's not that easy: they insist on having the friend's name and number
    on the form that you fill in and THEY call the friend, not me, when it's
    time. Of course, I could get the friend to pick me up and take me to the
    bus stop and get home that way but once he's actually at the hospital,
    it's more of a waste of time for him to drive all that way just to take
    me to the bus stop - which is literally beside the main entrance to the hospital - then go back to his house.

    I thought I could just sign a release to absolve the hospital/doctor of responsibility but they wouldn't do THAT either: the doctor's office
    manager said the only option would be to do the procedure without
    sedation but I think she just said that to pressure me to comply with
    their rules because the form itself said failure to arrange a driver
    would cause the procedure to be cancelled altogether so I'm assuming
    that's the *real* policy.

    These damned bureaucrats always seem to think of a way to corner you to
    make you do it their way, no ifs, ands or buts.

    --
    Rhino

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Adam H. Kerman@21:1/5 to Rhino on Thu Mar 20 01:01:52 2025
    Rhino <[email protected]> wrote:

    . . .

    That might work once but I suspect if that started being a regular thing >among agents, the bureaucrats would insist that you couldn't leave the
    car without prior permission from a supervisor or dispatcher (if you
    have dispatchers). I'm not even joking.

    Last year, I had to have a gastroscopy at a local hospital. I was having
    a bit of trouble with things "going down the wrong way" so they stuck a
    tube down my throat to look around, then to make a bit more room for
    food, pills, whatever to go down smoothly. They sedated me first. The
    whole thing apparently only took about 5 minutes and I felt absolutely
    fine when I woke up but the rules of this procedure are that I am
    absolutely forbidden to drive myself home, take the bus home, or even
    take a cab. The ONLY way they would do the procedure was for me to have
    a friend pick me up afterwards and drive me home. . . .

    It's a good idea. It's real easy to nick something in the G.I. tract, so
    the want someone to keep an eye on you.

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From moviePig@21:1/5 to All on Wed Mar 19 23:02:53 2025
    On 3/19/2025 6:41 PM, BTR1701 wrote:
    On Mar 19, 2025 at 3:09:35 PM PDT, "moviePig" <[email protected]> wrote:

    On 3/19/2025 5:45 PM, BTR1701 wrote:
    On Mar 19, 2025 at 2:25:16 PM PDT, "moviePig" <[email protected]> wrote: >>>
    On 3/19/2025 4:32 PM, BTR1701 wrote:
    On Mar 19, 2025 at 1:15:23 PM PDT, "moviePig" <[email protected]> wrote:

    On 3/19/2025 3:43 PM, BTR1701 wrote:
    On Mar 19, 2025 at 10:30:16 AM PDT, ""Adam H. Kerman"" <[email protected]>
    wrote:

    Rhino <[email protected]> wrote:

    . . .

    When I was driving school buses, I found that my employers never used
    the word "accident". If someone hit something while driving their bus,
    even if it was the merest scratch, it was never an accident: it was
    *always* a collision. (I'm sure this would have been true if a person
    were hit, although I don't recall anyone ever hitting a person while I
    worked there.) I feel sure this was their way of making us take >>>>>>>>> responsibility for what had happened. We didn't get to say anything that
    implied that whatever happened couldn't be helped in some way. Even if
    we weren't at fault, I think they expected that we could have done
    something to prevent or minimize the event. Drivers were always taken
    off the road for a day or two and made to have a retraining session with
    another driver after a collision.

    Your employer wasn't wrong: there was a collision.

    I was a school bus driver too. We were told we would be blamed for a
    rear end collision (the vehicle behind colliding with the rear of the
    school bus) regardless of what the law said, because they always wanted
    us to leave adequate distance behind the vehicle ahead of the bus.

    How do you control how much distance there is behind you from other
    traffic?

    Use your accelerator.

    And if there's traffic in front of you also?

    Use your steering wheel.

    And do what? Run off the road with a load full of kids in the back?

    Them's the brakes.

    Which leads us back to how you control how close the guy behind you is.

    I'm being facetious, started with suggesting that school buses speed up
    to outrun trailing traffic.

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)