Motorcyclist and daughter killed when woman braked on highway to avoid hitting ducks

JamesBondo

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Mar 3, 2012
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Yes, good article but I still have a problem with the idea that she caused the death of a motorcyclist, when a motorcyclist has superior braking and handling to the star witness who was able to spot, brake, and avoid the car with her pickup truck ( with RV in tow).

IMO, the motorcyclist shares the bulk of the blame because he hit a motionless object that actually had it's hazard lights blinking. Sorry about being insensitive but wake the F*** up.

Furthermore, if we are insistant that we need to over analyse this in order to deflect the blame away from the motorcycle, then what about the driver with the RV, is it not possible that she screened the hazard with her vehicle. Thus creating a death pocket for the motorcycle when the RV swerved, and braked to the right of the hazard? Like wtf? When i went to driver's school it was illegal to pass on the right of a stopped vehicle. Just saying.
 
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JLM

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I think we do have a duty when driving to not cause situations that idiots are not able to negotiate!
 

JamesBondo

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I can appreciate what you are saying, however, a person that is not able to negotiate large motionless items that are blinking lights at them, they should not be driving motorcycles.
 

spaminator

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Motorist who tried to avoid ducks found guilty in motorcyclist's death
A jury in Joliette reached its decision against Éric Rondeau after two days of deliberations.

Author of the article:paul Cherry • Montreal Gazette
Published Jan 26, 2023 • 3 minute read

Éric Rondeau, the motorist who tried to avoid a family of ducks on the road, has been found guilty of dangerous driving causing the death of a motorcyclist.


A jury in Joliette reached its decision Thursday after it began deliberating Tuesday.


On July 22, 2019, Rondeau was behind the wheel of a Ford F-150 pickup truck on Route 345 in Ste-Élisabeth, near Joliette, when he spotted a family of ducks crossing the roadway.

Evidence presented at the trial indicated Rondeau slowed down, gradually came to a stop and turned on his hazard lights. A man who testified at the start of the trial said his vehicle was behind Rondeau’s at the time and he also managed to come to a safe stop.

When the ducks paused in the middle of Rondeau’s path, he steered his vehicle across the double line to get around them in a section of road approaching a sharp curve.

Félix-Antoine Gagné, 19, was travelling in the oncoming lane on his Yamaha motorcycle.


A video camera recorded the moment when Gagné lost control of his motorcycle and fell. He and the motorcycle slammed into the pickup truck. Gagné died as a result of the collision.

Defence lawyer Richard Dubé emphasized to the jury how an expert witness estimated that Gagné was travelling above the speed limit before he collided with the truck. The speed limit at the curve was 70 km/h and the motorcycle was estimated to have been rolling at at least 90 km/h.

Prosecutor Alexandre Dubois argued that the law required the jury to focus on Rondeau’s actions and not Gagné’s. While making his closing arguments, he asked the jury to consider whether a reasonable person would have crossed a double line while they could not see far in front of them because of the curve. An expert testified that Rondeau could have only been able to see 105 metres of the roadway in front of him.


Rondeau testified that he didn’t realize he had crossed the double line and said his concentration was on what was going on behind him.

Rondeau was also charged with criminal negligence causing death. Both charges carry a maximum life sentence.

Rondeau’s case shared similarities with one heard at the Montreal courthouse in 2014. In both cases, the victims were travelling on motorcycles at speeds above the limit and the collisions occurred at curves where the victims could not see far in front of them.

On June 27, 2010, Emma Czornobaj stopped her car in the left-hand lane of Highway 30 in Candiac and tried to gather a small group of ducklings she had spotted on the road.

André Roy, a 49-year-old man riding on his Harley-Davidson behind Czornobaj, was unable to stop in time and his motorcycle crashed into the back of her Honda Civic. His daughter Jessie, 16, was riding on the back of the motorcycle. She and her father died as a result of the collision.

A jury found Czornobaj guilty of both criminal negligence causing death and dangerous operation of a vehicle causing death, and she was sentenced to a 90-day prison term. As part of the sentence, Czornobaj was not permitted to drive for 10 years.

The sentencing stage of Rondeau’s case is to begin Feb. 17.

pcherry@postmedia.com
 
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spaminator

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Quebecer who caused fatal collision while avoiding ducks sentenced to 8 months
The judge said the prison term was 'not disproportionate' given the circumstances of the unusual case

Author of the article:paul Cherry • Montreal Gazette
Published May 29, 2023 • Last updated 1 day ago • 2 minute read
An image taken from a video that captured the moment before Félix-Antoine Gagné's motorcycle collided with Éric Rondeau's pickup truck on Route 345 in Ste-Élisabeth on July 22, 2019.
An image taken from a video that captured the moment before Félix-Antoine Gagné's motorcycle collided with Éric Rondeau's pickup truck on Route 345 in Ste-Élisabeth on July 22, 2019. Court files
The man found guilty this year of dangerous driving causing the death of a motorcyclist because he stopped his pickup truck to protect a family of ducks crossing a highway was sentenced Monday to an eight-month prison term.


Quebec Superior Court Justice Marc-André Blanchard said the eight-month term sought by the Crown for Éric Rondeau was “not disproportionate” given the circumstances of the unusual case. Defence lawyer Richard Dubé had asked that his client receive a six-month sentence that Rondeau could serve in the community.


On Jan. 26 at the Joliette courthouse, a jury found Rondeau guilty of dangerous driving causing death.

“The court agrees that the consequences of the crime in this case turned out to be very serious: the death of a young man. It was an upsetting event for the (victim’s) family and for society as a whole,” Blanchard wrote in his 12-page decision. “Normally, a sentence denounces an act that is illegal, immoral and socially reprehensible. Here, Rondeau’s actions reveal an insouciance or a blameworthy recklessness more than a willingness to go against society’s rules.”


The judge also noted that Rondeau had no previous criminal record, has been in a relationship for 25 years and is the father of two, ages 12 and 14. A criminologist who prepared a pre-sentencing report assessed Rondeau as being at low risk of reoffending and that the trial had a significant dissuasive impact on him.

On July 22, 2019, Rondeau, now 48, was behind the wheel of a Ford F-150 pickup truck on Route 345 in Ste-Élisabeth, near Joliette, when he spotted a family of ducks crossing the roadway.

Evidence presented at the trial indicated Rondeau slowed down, gradually came to a stop and turned on his hazard lights. A man who testified during the trial said his vehicle was behind Rondeau’s at the time and he also managed to come to a safe stop.


When the ducks paused in the middle of Rondeau’s path, he steered his vehicle across the double line to get around them. His Ford F-150 and his trailer ended up completely in the opposite lane as he did his best to avoid the ducks. But he did this at a sharp curve in the highway, leaving oncoming drivers with little time to react.

Félix-Antoine Gagné, 19, was travelling in the oncoming lane on his Yamaha motorcycle. The jury heard evidence that he was travelling at between 90 and 100 kilometres per hour in a zone where the speed limit was 70 kilometres per hour.

A video camera recorded the moment when Gagné lost control of his motorcycle and fell. He and the motorcycle slammed into the pickup truck. Gagné died as a result of the incident.

Blanchard did not agree with the Crown’s suggestion that Rondeau not be allowed to drive for five years. The judge called such a period excessively long, considering that Rondeau, an agronomist by trade, needs to drive to farms to inspect crops in order to make a living. Blanchard reduced the period to three years.

pcherry@postmedia.com
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