 Accident advice....
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Deleted per request.....
Last edited by b717doc; 06/01/2012 5:59 PM.
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Re: Accident advice....
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Joined: Aug 2009
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Learned Hand
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Learned Hand
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Well first of all I'm glad yor alive and pretty much ok. I think I'd be getting a lawyer for sure, cause the other guy probably will or his insurance company. The only problem I see is I always thought that the hand signal fo a left turn was the left arm staight out.
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Re: Accident advice....
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Joined: Feb 2012
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Adjunct
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Adjunct
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Glad to hear that you're alive. That's the important part.
I would definately suggest searching around for a lawyer. I would say that the accident definately was not your fault because you signaled that you were turning, and if I recall correctly the law of passing zones is that you may use them under the condition that it is "safe to do so." A motorcyclist turning left hardly qualifies. From the trooper though, it sounds as though the other driver try to make it out to be your fault. As long as the driver is found at fault, he should be responsible for paying for repairs, hospital bills, etc. Then again I'm not a lawyer.
There are plenty of firms out there who cater specifically to motorcyclists. Nothing that a Google search couldn't find. They protect your rights and make sure you don't get screwed over by the cage tyrants. A good lawyer could use him saying "I'm so sorry" as an admission of fault.
2005 Green America
Fishtail Exhaust, Whitewalls, ISO Grips, Light bar with Relo Turnsignals
"...To them, I'm just a screaming ball of noise."
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Re: Accident advice....
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Joined: May 2007
Posts: 5,066 Likes: 1
Saddle Sore
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Saddle Sore
Joined: May 2007
Posts: 5,066 Likes: 1 |
Glad ur OK Mark. Gonna PM u with some info.
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Re: Accident advice....
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Joined: Sep 2009
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Learned Hand
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Learned Hand
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Very glad you are in one piece and well... enough!
For me, I always thought that if you were hit from behind, then it was the person hitting you being at fault. It's the responsibility of the one following behind to not hit anything in front...
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Re: Accident advice....
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Joined: Feb 2005
Posts: 20,096 Likes: 2
Fe Butt
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Fe Butt
Joined: Feb 2005
Posts: 20,096 Likes: 2 |
Wow Mark! I'm really sorry to hear of this. Glad to hear you're doin' reasonably okay, though. Shame about that beautiful old Triumph of yours, but I know you'll soon have that baby all fixed up again.
I think all the suggestions given to you so far are excellent, and so I have nothing else to add to 'em.
(...heal quickly!)
Yep! Just like a good Single Malt Scotch, you might call me "an acquired taste" TOO.(among the many OTHER things you may care to call me, of course)
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Re: Accident advice....
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Joined: Jan 2005
Posts: 5,251 Likes: 13
Saddle Sore
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Saddle Sore
Joined: Jan 2005
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whoa Mark.....glad your here to tell the story.
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Re: Accident advice....
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Joined: Mar 2008
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Learned Hand
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Learned Hand
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Glad to be able to hear your story,but the way I read it I'm not so sure you stand a chance at winning in court.Firstly you said you waved your right arm straight up, well that may have gotten the driver behind yous attention,but as far as hand signals, I've never herd of that one.Then by swinging to the right to make a left turn was not a good idea and just asking for trouble with a car behind you,perhaps you should have signaled right and pulled over onto the shoulder.Thank god your on here to talk about it.
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Re: Accident advice....
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Joined: May 2008
Posts: 740
Adjunct
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Adjunct
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Quote:
Very glad you are in one piece and well... enough!
For me, I always thought that if you were hit from behind, then it was the person hitting you being at fault. It's the responsibility of the one following behind to not hit anything in front...
+1
Bill.
"I spent a lot of money on booze, birds and fast cars. The rest I just squandered."
-George Best
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Re: Accident advice....
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Joined: Jan 2005
Posts: 4,541
Loquacious
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Loquacious
Joined: Jan 2005
Posts: 4,541 |
Glad to here your OK. Deffinately get a Lawyer. And one who specialises in Motorcycles.
Arsenalfan. AKA Mark Able
Seller of fine automobiles.
Jaguar, Land Rover, Porsche of Chattanooga
423-424-4000
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Re: Accident advice....
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Joined: May 2011
Posts: 109
Adjunct
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Adjunct
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Sorry to hear of your accident. I agree with everyone else: get a mouthpiece.
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Re: Accident advice....
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Joined: Aug 2009
Posts: 2,580
Loquacious
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Loquacious
Joined: Aug 2009
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I've got no advice, but I am glad that you're the one telling us about it.
Heal quick and proper
Too old to die young, too ugly to leave a good looking corpse
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Re: Accident advice....
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Joined: Jan 2005
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Adjunct
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Adjunct
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In California, who ever hits you from behind is at fault. (I know, what ever happens in California is all our fault and we should keep it in California  )
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Re: Accident advice....
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Joined: Feb 2007
Posts: 23,133 Likes: 52
Fe Butt
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Fe Butt
Joined: Feb 2007
Posts: 23,133 Likes: 52 |
First let me say that I'm glad you were not more seriously hurt and the bike too.I agree with Matt, only problem I see is the left turn signal being left arm straight out so the drive behind you may not have known your intentions. That being said, here in PA you must have your vehicle under control at all times and take proper care. That drive seems to me to not have taken proper care. I am not a lawyer so I am not sure what the eyes of the law see.
I learned all I need to know about life by killing smart people and eating their brains.
Eat right ,Exercise ,Stay fit, Die Anyway!
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Re: Accident advice....
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Joined: Aug 2007
Posts: 10,707 Likes: 3
Should be Riding
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Should be Riding
Joined: Aug 2007
Posts: 10,707 Likes: 3 |
Mark, that surely sucks, but I'm glad you're still around! All that work you put in the bike... I'm confused about the hand signals too, straight up does not mean left turn 
Always remember to be yourself. Unless you suck. Then pretend to be someone else.
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Re: Accident advice....
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Joined: Mar 2009
Posts: 12,964
Stickman Yogi
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Stickman Yogi
Joined: Mar 2009
Posts: 12,964 |
Glad to hear it's only surface wounds and you will be okay. I think if I was behind you I would be confused about the hand signals. A left signal is distinctly left arm, full extended. Also when you swung a little to the right after slowing down I would have taken that as an intent to pull over and probably would have passed. Sorry it worked out the way it did.
Live to love, love to live.
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Re: Accident advice....
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Joined: Jan 2007
Posts: 3,445 Likes: 1
Loquacious
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Loquacious
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Based on what you've said - I think you're screwed. Glad you're here to tell the story though, because your survival is the really important part!
I'd still discuss it with a good lawyer, but I think your best hope is that they throw a few $$$ your way to preclude a legal battle. After all, 2/3 of something is better than nothing.
And for what it's worth, I hope you can post back in a few weeks and tell me I'm full of crap because the other guy's insurance paid everything in full.
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Re: Accident advice....
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Joined: Jul 2011
Posts: 2,212
Oil Expert
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Oil Expert
Joined: Jul 2011
Posts: 2,212 |
never good reading these stories. Glad you are ok. I think there is going to be a whole lot more to the investigation, there is an issue with him being in the rear, how far away from you was he when he pulled out, your hand signal was wrong and going right a bit would have said to the average driver that you were pulling over to the right, but then i am thinking he had to be very close to you to hit you that soon and must have sped up for sure, was he made to take a breathalyzer? if not why not? I think you made a mistake, but i also think you may have something if you speak with a good lawyer. But i am in Canada, so US, hard to say. Get well.
2007 Speedmaster and miss it!
2013 T-Bird Storm and Luvin it!
Catching a yellow jacket in your shirt at 70 mph can double your vocabulary
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Re: Accident advice....
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Joined: Apr 2006
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Loquacious
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Loquacious
Joined: Apr 2006
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Sorry to hear this but glad you're here to tell the tale.
By all means, consult with a lawyer.
Best wishes and heal well.
Kevin - Luceo Non Uro
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Re: Accident advice....
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Joined: Feb 2011
Posts: 2,146
Oil Expert
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Oil Expert
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Some insurance companies would be tickled to death to pay only for your actual damages and a brief hospital visit.
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Re: Accident advice....
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Joined: Dec 2007
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Adjunct
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Adjunct
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Were you charged with any driving offense? Was the other driver charged with an offense? If only one driver was charged, it is usually that driver that is considered to be at fault. Additionally, as others have mentioned it is usually the driver in the rear that was at fault. The fact that it was a passing lane isn't really relevant since you are only allowed to pass when it is safe to do so, obviously not in this case. The situation you describe is a classic example of a frustrated driver zipping out and accelerating hard because he was annoyed by a slower driver.
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Re: Accident advice....
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Joined: Jan 2005
Posts: 11,122 Likes: 11
Should be Riding
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Should be Riding
Joined: Jan 2005
Posts: 11,122 Likes: 11 |
First, glad to read your post, i.e., you are coherent and seem to be okay! Yet for the life of me I can't figure why you simple just didn't pull over to the right, let traffic subside then if you found it necessary walk your bike across the road? Even though there where two cars behind you, they would have braked (given that you pull the clutch lever in and coasted, thus not spilling speed too dramatically) and basically in the vernacular of basketball, set up a screen for you as you navigated off to the right shoulder. Again, glad you are okay Mark. I'm heartbroken over the damage to your bonnie. Accident scene
Blowing gravel off rural roads
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Re: Accident advice....
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Joined: Feb 2005
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Fe Butt
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Fe Butt
Joined: Feb 2005
Posts: 20,096 Likes: 2 |
Well GEEEEZ, Jim! I THOUGHT Mark had made it perfectly CLEAR as to why he decided to turn left and into that church parking lot instead of pullin' over to that right shoulder! God was CALLIN' OUT to him again, OF COURSE!!! (...sorry Mark, et al...I JUST couldn't resist that one!!!)  
Yep! Just like a good Single Malt Scotch, you might call me "an acquired taste" TOO.(among the many OTHER things you may care to call me, of course)
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Re: Accident advice....
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Joined: Jan 2005
Posts: 11,122 Likes: 11
Should be Riding
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Should be Riding
Joined: Jan 2005
Posts: 11,122 Likes: 11 |
More likely it was Lucifer a'callin'. 
Blowing gravel off rural roads
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Re: Accident advice....
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Joined: Jan 2005
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Saddle Sore
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Saddle Sore
Joined: Jan 2005
Posts: 5,251 Likes: 13 |
Quote:
First, glad to read your post, i.e., you are coherent and seem to be okay!
Yet for the life of me I can't figure why you simple just didn't pull over to the right, let traffic subside then if you found it necessary walk your bike across the road? Even though there where two cars behind you, they would have braked (given that you pull the clutch lever in and coasted, thus not spilling speed too dramatically) and basically in the vernacular of basketball, set up a screen for you as you navigated off to the right shoulder.
Again, glad you are okay Mark. I'm heartbroken over the damage to your bonnie.
Accident scene
Jesus Christ Jim there is the church on the left side of the highway. You're starting to scare me with the GPS/Google stuff 
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Re: Accident advice....
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Joined: Jan 2005
Posts: 11,122 Likes: 11
Should be Riding
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Should be Riding
Joined: Jan 2005
Posts: 11,122 Likes: 11 |
Google Map View where one can see the road. Then knowing there was a dedicated passing lane was crucial and limited the amount of route 92 that was pertinent.
Blowing gravel off rural roads
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Re: Accident advice....
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Joined: Jan 2005
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Loquacious
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Loquacious
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can you get me a pic of where I left my car keys?
we should do this every weekend!
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Re: Accident advice....
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Joined: Jan 2005
Posts: 1,425
Learned Hand
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Learned Hand
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Depending on state laws, 10,000 is usually max. I would get ins to battle it out. I hope the other guy had coverage. You will either get a total, or a fix or a option for a salvage title. They HAVE to pay for a new helmet. You also get something for pain and suffering. My minor encounter with a town car ended up with 9 grand pain and suffering, 500 for anew helmet. No med bills cause I was active duty at the time. One other note from a ins buddy, If they have not assessed damage to your bike, take off as much of your bling off,and put stock parts on, then clean it up as best as possible. If you have aftermarket on they will only give you value for the stock parts to replace(unless you had aftermarket coverage as an extra).
hope you fair ok. and I too am glad you are alive and not seriously hurt.
Mal: "Y'all see the man hanging out of the spaceship with the really big gun?{ref, Jayne} Man's lookin' to kill some folk. So really, it's his will y'all should worry about thwarting."
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Re: Accident advice....
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Joined: Feb 2005
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Fe Butt
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Fe Butt
Joined: Feb 2005
Posts: 20,096 Likes: 2 |
Quote:
can you get me a pic of where I left my car keys?
Yep! Just like a good Single Malt Scotch, you might call me "an acquired taste" TOO.(among the many OTHER things you may care to call me, of course)
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Re: Accident advice.... *DELETED*
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Joined: Feb 2006
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Learned Hand
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OP
Learned Hand
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Re: Accident advice....
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Bar Shake
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Bar Shake
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File a claim with his insurance.
Contra todo mal, mezcal; contra todo bien, también
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Re: Accident advice....
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Joined: Jan 2006
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Monkey Butt
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Monkey Butt
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I am very happy you are OK.
If there is a left lane for passing when turning left you have to be in the farthest left position on the road to make that turn.
If I read this right you turned left into the path of the passing car right? The improper left turn or lane change along with an invalid right hand gesture really puts you at more than 50% the proximate cause of the accident.
If you reverse the situation and were passing a car that was to the right with his left hand straight up out the window then turned left in front of your bike what would the consensus be?
I think its an unfortunate accident. Since you are on a bike his carrier may pay the claim just from an exposure point of view but not from a liability disadvantage.
I try to aggravate one person a day. Today may be your day.
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Re: Accident advice....
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Joined: Feb 2005
Posts: 20,096 Likes: 2
Fe Butt
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Fe Butt
Joined: Feb 2005
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Quote:
Neither driver nor rider cited for anything.....There was no "shoulder" to speak of, only a steep drop off....Jim is EXACTLY right, and impatient driver that was irritated by an slow rider.....That's exactly what happened....
Like I said Mark, I was just a-joshin' ya there, that's all. I can certainly understand once your bike died how this all could come about so fast for everyone involved in the mishap.
Actually, my GUT feeling is that the guy behind you shouldn't have assumed ANY of your actions to come, once it became apparent you have slowed down for whatever reason.
And this MIGHT be a good time to remind our fellow motorcyclist here that once ANYTHING out of the ordinary seems to be happening to or by a motorist in front of us, that the best course of action is to slow down, wait, and see what is about to happen next, and NOT to just assume the motorist is going to do what you at first THINK he's gonna do.
I know cases where a motorcyclist sees a motorist coming the opposite way will cross over the road and drive upon the shoulder on the motorcylist's side of the road in a U-turn maneuver, and the motorcyclist has assumed that the motorist has seen him coming up on him and thus the motorcyclist continues at his present speed, ONLY to find that the motorists DIDN'T see the motorcyclists and then pulls right out in front of the motorcyclist off that shoulder. Bad news there, alright.
Now, I know THIS scenario wasn't exactly the case as YOUR accident, but there are similarities to it, alright. The basic problem was/is, somebody assumed the other guy was gonna do something that he didn't ultimately do...so SLOW DOWN until you're ABSOLUTELY SURE what that other guy IS gonna do....unlike what that motorist did who hit you.
Yep! Just like a good Single Malt Scotch, you might call me "an acquired taste" TOO.(among the many OTHER things you may care to call me, of course)
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Re: Accident advice....
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Joined: Sep 2010
Posts: 8,393 Likes: 1
Second Wind
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Second Wind
Joined: Sep 2010
Posts: 8,393 Likes: 1 |
let the insurance companies fight it out. Thats why I have full coverage including uninsured/ underinsured motorists coverage. Yep its a huge waste of cash that whole $175 every 6 months. But if I ever need it.............
I have no faith in human perfectability. I think that human exertion will have no appreciable effect upon humanity. Man is now only more active - not more happy - nor more wise, than he was 6000 years ago.
Edgar Allan Poe
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Re: Accident advice....
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Joined: May 2011
Posts: 753
3/4 Throttle
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3/4 Throttle
Joined: May 2011
Posts: 753 |
Mike, First off I am glad to here you are well & mending. I had to chime in here as many moons ago a very similar situation occured to me. I had a problem/lost power and was pulling onto a gravel shoulder. The driver in the cage behind slowed but not at the same or slower rate than I regardless on my "RH" & "stop" hand signal. Just as my front tire left the asphalt the cagers right front bumper corner just nugged the rear tire on my scoot. Well, I ate gravel to say the least but was for the most part uninjured. The cager just drove off as I stuggled to get out from under my 65 hard tail.  In my book & in these parts the driver behind is ALWAYS at fault......get a lawyer or have your insurance pursue the driver (&/or his insurance co.) for the damages/repairs & your medical bills. 
Karl
Independence, MO
'07 America, Cinnamon Girl (aka: Black Beauty) - Sit Down, Shut Up & Hang On
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Re: Accident advice....
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Joined: Oct 2010
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Adjunct
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Adjunct
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Bingo! 
Do, or do not...There is no try.'- Master Yoda
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Re: Accident advice....
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Joined: Feb 2006
Posts: 1,690
Learned Hand
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OP
Learned Hand
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Now struggling to get on my America....Changed the oil in her yesterday, and just kept cleaning the bike.....could'nt get the nerve to actually ride it...an unforeseen mental condition apparently. Steelehorse law really stepping up for me, says to "ditch" the apprehension and get back on and ride...the longer I wait, the longer its gonna take. They are doing all they can for me, and has made it clear that money for them isn't a concern...Great people...They REALLY care about motorcyclists!
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Re: Accident advice....
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Joined: Mar 2009
Posts: 12,964
Stickman Yogi
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Stickman Yogi
Joined: Mar 2009
Posts: 12,964 |
Yup, get back on and ride asap. I remember when I cut my face open with a chainsaw... pretty traumatic stuff. Got stitched up and was using the dang thing the very next day. Had I waited I might not have used one again. Back then it was a huge part of my bush living lifestyle.
Live to love, love to live.
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Re: Accident advice....
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Joined: Jan 2005
Posts: 1,425
Learned Hand
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Learned Hand
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Posts: 1,425 |
Steelehorse law really stepping up for me,
Is this a local outfit? Best of luck! Yep get back on the bike!
Mal: "Y'all see the man hanging out of the spaceship with the really big gun?{ref, Jayne} Man's lookin' to kill some folk. So really, it's his will y'all should worry about thwarting."
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Re: Accident advice....
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Joined: Aug 2009
Posts: 37
Greenhorn
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Greenhorn
Joined: Aug 2009
Posts: 37 |
No advice on the accident but, If you don't mind some about riding from a lurker, grit your teeth and get back on her. I went down on mine and broke my shoulder and wound up in a cast half way to my waist. The morning I got out of the hospital I went to the shop where the bike was and got on her and rode her around the block. If I hadn't done that I wouldn't be riding today. That happened back in the 70's.
Good luck,
Frank
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