Lawsuit proceeding against The Weather Channel due to fatal car accident

[Randy Denzer]

This is an excellent point. Once there is video of you doing reckless things it never leaves the Internet. I know of at least one individual who will have this monkey on his shoulder forever. God forbid he injures or kills someone. Yet another reason to chase responsibly and just enjoy the ride without losing your mind over a storm or posting idiotic footage.

Warren, you are very right. I am hearing that the most recent incident (within the last month) of the chaser driving wrecklessly into traffic with vehicles flashing their headlights at him is currently being reviewed by state prosicutors for criminal charges. It may not be a good timing.

 

[Jesse Risley]

Warren, you are very right. I am hearing that the most recent incident (within the last month) of the chaser driving wrecklessly into traffic with vehicles flashing their headlights at him is currently being reviewed by state prosicutors for criminal charges. It may not be a good timing.

I asked our former state's attorney about this, because they had a couple of incidents where videos were uploaded somewhere on social media that showed someone drag racing and another that indicated vandalism was done to a vehicle. He said the reason these often don't net successful prosecution is because the state still has to prove a certain person committed an offense, and if you cannot affirmatively prove who the driver was in a video, for example, then there is some legal doubt that a competent defense attorney could use.

If a chaser uploads a video that shows an egregious traffic violation, they still need to be able to prove that the chaser that they want to prosecute was the one driving the vehicle. For example, some people do have drivers that could be silent during parts of the video, and others may on occasion have someone share a stream or upload a video on their account that someone else in the vehicle took or with whom they were riding.

That's obviously not an issue in the case surrounding the lawsuit filed yesterday, but it probably partially explains why there has been more than one high profile incident of fairly serious moving violations broadcast on storm chaser streams, YT videos, or stringer video sold to the media that, heretofore, hasn't knowingly resulted in traffic citations and/or reckless driving charges by proxy.

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[Randy Denzer]

I asked our former state's attorney about this, because they had a couple of incidents where videos were uploaded somewhere on social media that showed someone drag racing and another that indicated vandalism was done to a vehicle. He said the reason these often don't net successful prosecution is because the state still has to prove a certain person committed an offense, and if you cannot affirmatively prove who the driver was in a video, for example, then there is some legal doubt that a competent defense attorney could use.

If a chaser uploads a video that shows an egregious traffic violation, they still need to be able to prove that the chaser that they want to prosecute was the one driving the vehicle. For example, some people do have drivers that could be silent during parts of the video, and others may on occasion have someone share a stream or upload a video on their account that someone else in the vehicle took or with whom they were riding.

That's obviously not an issue in the case surrounding the lawsuit filed yesterday, but it probably partially explains why there has been more than one high profile incident of fairly serious moving violations broadcast on storm chaser streams, YT videos, or stringer video sold to the media that, heretofore, hasn't knowingly resulted in traffic citations and/or reckless driving charges by proxy.

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It seems like i am hearing about in car video being used to prosicute more and more. Its an interesting topic with live streams rolling. The stop light traffic cams do not show who is driving, but folks still get a ticket and fine. I wonder just how big of a news story the TWC story will create and if they can dig up the original footage from the other chaser to use an example. Could be related video.

 

[Warren Faidley]

It's your past reputation, statements and actions that will do you in. Everything you post on social media, every TV show you are involved with, every video you post and even your interactions with other chasers can come back and haunt you years from now. This not only applies to chasing, but life in general now days. We live in the age of mass data gathering.

 

[Jesse Risley]

It seems like i am hearing about in car video being used to prosicute more and more. Its an interesting topic with live streams rolling. The stop light traffic cams do not show who is driving, but folks still get a ticket and fine. I wonder just how big of a news story the TWC story will create and if they can dig up the original footage from the other chaser to use an example. Could be related video.

The stop light and speed camera citations are generally treated as civil violations that go with the vehicle, much like a parking ticket. They're not bona fide moving violations in most every state.

The streaming or video based cases against chasers (and others) are generally moving violations, or perhaps criminal misdemeanor reckless driving charges lobbied against an individual driver, so they are going to have to be certain that the person charged committed the violation(s), not just a registered motor vehicle. While not an issue in the case in question that resulted in the lawsuit, it would be the case with the Alabama tornado on March 3rd.

 

[Marc R. O'Leary]

What ever happened to going out to SEE the storm versus going out to SHOW somebody else the storm. I think this is where chasing has lost it's focus. If everybody is after a pittance of a paycheck or even worse, followers, we're going to continue seeing things like this happen and corporations taking advantage of people's need to be recognized.

I have countless photos and lots of video footage of tornadoes and severe weather...only this forum and friends of mine have seen any of it. I chase for the fun. I have zero social media presence and have never even tried to make a dime off my hobby.

But I also stop at all stop signs, regardless of the situation.

 

[Dean Baron]

What ever happened to going out to SEE the storm versus going out to SHOW somebody else the storm. I think this is where chasing has lost it's focus. If everybody is after a pittance of a paycheck or even worse, followers, we're going to continue seeing things like this happen and corporations taking advantage of people's need to be recognized.

I have countless photos and lots of video footage of tornadoes and severe weather...only this forum and friends of mine have seen any of it. I chase for the fun. I have zero social media presence and have never even tried to make a dime off my hobby.

But I also stop at all stop signs, regardless of the situation.

At the same time, weather is news and people want to know about it. Despite this incident, it's still probably better to have chasers documenting severe weather than some random journalists who don't know what they're doing. If people can make money from chasing, more power to them.

 

[Jeff Smith]

I have watched their show. At the time (well before the accident), I told my wife that these guys were idiots and would probably end up in trouble or dead. Then it happened. After this incident, I have backed way off on chasing, backed almost completely off any live streaming/ media sales etc.-that incident hit home, kept asking myself what if I were the one they hit, among other questions related to this subject. I digress...

I hope this is a wake up call for the media whores. Even if TWC prevails, it has cost them a ton of money in legal fees but I am betting this one gets settled out of court with a NDA. They'll want this out of sight, out of mind.

Some chasers profit and make a living at chasing and I have no qualm with that, but when they are morons rolling stop signs and driving like idiots then yeah that burns my ass. I have to qualify that with I am not perfect, have broken laws chasing as well, but as I have aged, I try to keep the adrenaline in check and pay closer attention at how I conduct myself inside the vehicle and out while chasing.

 

[Marc R. O'Leary]

At the same time, weather is news and people want to know about it. Despite this incident, it's still probably better to have chasers documenting severe weather than some random journalists who don't know what they're doing. If people can make money from chasing, more power to them.

I'll agree to the point of having chasers documenting weather, but I'll disagree with the using it to make money part. That's the crux of this whole thread...if money/followers was not an option, these kind of risks would not necessarily be taken.

 

[Jesse Risley]

I believe that at least some of this behavior is a manifestation of a certain facet of the hobby becoming financially competitive in order to get the best live stream shot or get the best breaking video sale before the competition does. When people are financially driven in this manner, it tends to exacerbate poor behavior such as flagrant traffic violations to get in position and get "the shot." There's nothing wrong with streaming, and I don't even see any harm in selling quality video. I've done both.

I think all of the sales aspects of chasing have to be done commensurate with the fact that we are part of a society-at-large, so getting "the shot" or earning a prestigious financial compensation for having the best shot and getting it on CNN, for example, before anyone else gets it, shouldn't take precedence over your own safety or the safety of others in or near the roadways. Of course, there are also people who drive recklessly while chasing who are not involving in streaming or selling video either. In short, it's probably competitiveness in general that is the root of some of the problem. It's not a tacit justification that blowing stop signs or driving 30 mph over the posted limit is okay; I think we have to be cognizant that competition, particularly for selling streams or videos, is contributing to what was already an ongoing problem as more people get into the hobby in the first place. I always try to be mindful of the fact that we share public right-of-ways with others, and operating an automobile is a serious endeavor that has safety implications when done improperly or recklessly.

 

[Dean Baron]

I'll agree to the point of having chasers documenting weather, but I'll disagree with the using it to make money part. That's the crux of this whole thread...if money/followers was not an option, these kind of risks would not necessarily be taken.

I think you're right that money has something to do with bad driving habits, but I think there are plenty of other chasers who don't chase for money who also drive like idiots. I don't think this kind of behavior is specific to just media chasers. The fear of missing out makes people do stupid things too.

 

[Marc R. O'Leary]

I think you're right that money has something to do with bad driving habits, but I think there are plenty of other chasers who don't chase for money who also drive like idiots. I don't think this kind of behavior is specific to just media chasers. The fear of missing out makes people do stupid things too.

On this I agree entirely.

This is precisely why I take the road less traveled when it comes to chasing. I could get close and deal with idiots, or move one road away and have the whole show to myself, albeit smaller scale.

 

[Marc R. O'Leary]

I believe that at least some of this behavior is a manifestation of a certain facet of the hobby becoming financially competitive in order to get the best live stream shot or get the best breaking video sale before the competition does. When people are financially driven in this manner, it tends to exacerbate poor behavior such as flagrant traffic violations to get in position and get "the shot." There's nothing wrong with streaming, and I don't even see any harm in selling quality video. I've done both.

I think all of the sales aspects of chasing have to be done commensurate with the fact that we are part of a society-at-large, so getting "the shot" or earning a prestigious financial compensation for having the best shot and getting it on CNN, for example, before anyone else gets it, shouldn't take precedence over your own safety or the safety of others in or near the roadways. Of course, there are also people who drive recklessly while chasing who are not involving in streaming or selling video either. In short, it's probably competitiveness in general that is the root of some of the problem. It's not a tacit justification that blowing stop signs or driving 30 mph over the posted limit is okay; I think we have to be cognizant that competition, particularly for selling streams or videos, is contributing to what was already an ongoing problem as more people get into the hobby in the first place. I always try to be mindful of the fact that we share public right-of-ways with others, and operating an automobile is a serious endeavor that has safety implications when done improperly or recklessly.

I don't think it's really financially driven anymore...its about followers and likes, which can be monetized, but likely it just a product of one-upsmanship for some random reason. I don't get it.

 

[I MacDaniel]

Money, attention, followers... among several possible reasons some chasers drive like idiots. That doesn’t help the image of chasing community much, and idiots, whatever the reasons are, are embarrassment to chasing communities. My personal reasons for joining the chase were just to experience something new and see gorgeous sups that I don’t normally see in TN. I respect those who take pictures for commissions as long as they do it safe and smart. It’s their passion, pretty much like artists. Driving like an idiot to get the shot to gain followers/$$/attention is pretty much on the same level in some ways as... drawing really inappropriate human version of Hurricane Irma (trying not to violate ST policy here but I almost bleached my eyes when I accidentally come across the drawing while looking at memes). I love art and photography, but moronic driving and X-rated Irma drawing were just total lack of respect for people overall (victims, chasers/artists/photographers, etc). I honestly love to see beautiful sups, but moronic driving isn’t the way to go.

 

[Jeff House]

How to avoid a lawsuit..

1. Forecast well so you don't have to rush to target.

2. Leave early and enjoy a nice relaxing sit-down lunch near the target.

3. Know Plan B in case first target does not work. Probably another boundary intersection.

4. Have eyes on the road for defensive driving. Chase partner is critical for safety.

5. Hang back from the drama. You'll enjoy structure and 98% of the thrill. Unlike an eclipse, you don't have to be right up on it.

6. Hang back for safety, structure, and supper. First off storm, first seated for steak and ice cream!