Lane change w/o a shoulder check and broken bones

oxymoron

Member
Last August I bought myself a cheap, little bike. It was a used '08 Honda CBR 125. These starter bikes are perfect to learn on and from what I heard have great resale value. The price tag was what sealed the deal.

Before buying the bike I got my M1, did my Safety/M2 Exit at Humber and made sure I had all the appropriate gear: boots, padded jacket, gloves and a good helmet.

Apart from a minor fight with the streetcar tracks in the rain (which I lost) in October, I rode with little incident through the end of summer, into fall and next spring.

This spring, on a Friday in late April, I was riding home WB on Danforth Ave. I was around the Danforth/Woodbine area. To those of you familiar with Danforth, the street has a wide right lane full of parked cars. For larger vehicles, it is essentially a one-lane road. For motorycles, scooters and bicycles on the other hand it's riding paradise. We can squeeze by (quite safely) in the right lane, passing the slow-moving cars on the left.

That's where I was that fateful Friday, in the right lane riding along the parked cars, doing the speed limit. There were two cars to my left, both slightly ahead of me. The front vehicle slowed down to make a left turn and the vehicle tailing him decided that instead of stopping it would be a good idea to merge into the right lane, my lane, to avoid having to stop for all of five seconds.

He turned on his signal and started moving to the right, into my lane. I hit the brakes and my horn. "Surely this guy's not blind" I thought. He kept merging, his turning signal blinking away. I applied the brakes as hard as I could without locking them up. I was still approaching his rear end at a fairly high rate of speed as he kept merging and braking simultaneously. I tried to swerve to the right, hoping to squeeze by between him and the parked vehicles on the right but there was not enough room. I hit the rear bumper of a vehicle parallel-parked on the right-hand side. My head impacted the rear windshield and shattered it. I proceeded to flip in the air and landed on the roof of the vehicle's car.

My first instinct was to get up, but I couldn't. The police and ambulance were on site within minutes, I was taken to the hospital where the trauma room doctors cut off the gear that saved my life. An x-ray revealed I had a broken wrist, a CT scan showed a fractured pelvis. I spent four days in the hospital. At first, I couldn't move my legs an inch without excruciating pain. On the third day, hooked up to a morphine drip, I managed to walk to the door on crutches. On the fourth day, I went in for surgery on my wrist. It had to be re-set or it would not have healed properly.

A few hours after being admitted a Sgt from the Toronto Police dropped by. He informed me that they got the guy who merged into me. He never even slowed down. He's being charged with careless driving, failure to remain and failure to render assistance.

The bike was a write-off and my insurance company paid out its blue book value.

I'm not sure why I wrote this post, I guess I needed to write it out to get over the whole event. Maybe it will serve as a warning to people to ride more carefully. As the paramedics, doctors and police told me: it could've been worse. I know one thing: the helmet literally saved my neck.

Has anyone been in an accident where they successfully sued the at-fault driver for negligence or emotional distress or pain & suffering? Anyone know a lawyer in the GTA who specializes in this stuff, or should I just give it up?

Stay safe out there.
 
hope ur feeling better. sorry to hear about what happened to you. All my accidents have been my fault and single vehicle so i cant sue myself, but good luck, hopefully the lawyers dont take all ur money
 
Atleast for the most part, your ok. And that's what matters. I know what you mean about writing it out and talking about it to get over it. Sometimes you just need to share when you go through a tramatic experience.

Not sure if you can sue the driver or not, I think that's why we have insurance.

Get well and hope you get back on a bike. I know the GTA isn't exactly a great place to ride, bad roads, bad drivers, bad everything.
 
Glad to hear you made it out alive and in one piece. I hope they prosecute the ***hole to the fullest.

Hope you have a speedy recovery!
 
Can you please clarify, you hit a parked car right? Not the guy who merged? The guy who merged, was he physically involved in the accident in anyway?
 
If a blairing horn didn't get the drivers attention I'm betting a pipe wouldn't have made much more of an impact.

Chidizzle is simply using a terrible attempt at humour in order to restate a thread he started earlier this year. You are correct, loud pipes would not have done anything in this case. However, they may have drowned out Chidizzle.

At the OP, glad to hear you're ok, sort of. It could have been much worse. Your description of the accident has me worried though. While the fellow did attempt to merge into you, unless he actually hit you, you're at fault. His insurance company will try to prove that you "lost control" and ran into a parked car. Therefore your insurance will be dinged for damage to the parked car, not his.

Are you describing the event accurately? Given the sketchy details, it might also be worth NOT posting them in a public forum. You never know who's reading.

GWS.
 
To those of you familiar with Danforth, the street has a wide right lane full of parked cars. For larger vehicles, it is essentially a one-lane road. For motorycles, scooters and bicycles on the other hand it's riding paradise. We can squeeze by (quite safely) in the right lane, passing the slow-moving cars on the left.

Not to hijack the thread, but out of curiosity, is it legal to do this? I've waited in traffic in the slow left lane because I thought riding in the lane with parked cars would be classified as lane splitting.
 
Not to hijack the thread, but out of curiosity, is it legal to do this? I've waited in traffic in the slow left lane because I thought riding in the lane with parked cars would be classified as lane splitting.

Its legal.

And this is why i always give cars room. If i see a car slowing down in the left lane, i automatically assume every ******* is coming over to my lane without looking, and slow down. **** the people behind me, id rather hold them up for 2 or 3 seconds than get smushed by a car.
 
Glad you came out there alive and hope you get well soon.

"Surely this guy's not blind" I thought.

This is why riders training courses (are supposed to) teach you to ride like you're invisible. When most motorcycle/car collision happen, the most common excuse is "I didnt see you".
 
Its legal.

And this is why i always give cars room. If i see a car slowing down in the left lane, i automatically assume every ******* is coming over to my lane without looking, and slow down. **** the people behind me, id rather hold them up for 2 or 3 seconds than get smushed by a car.


Hell yeah...this approach is number two on my paranoia list. The first being a truck/semi/etc. going my direction turning left with an oncoming left turn lane. Guaranteed some cager is going to risk that one too.
 
Loud pipes would have helped you avoid this situation.

Yup, that's exactly the lesson I wanted everyone to learn from my tale ;)

Chidizzle is simply using a terrible attempt at humour in order to restate a thread he started earlier this year. You are correct, loud pipes would not have done anything in this case. However, they may have drowned out Chidizzle.

At the OP, glad to hear you're ok, sort of. It could have been much worse. Your description of the accident has me worried though. While the fellow did attempt to merge into you, unless he actually hit you, you're at fault. His insurance company will try to prove that you "lost control" and ran into a parked car. Therefore your insurance will be dinged for damage to the parked car, not his.

Are you describing the event accurately? Given the sketchy details, it might also be worth NOT posting them in a public forum. You never know who's reading.

GWS.
Considering that he was charged with three counts by the police, I think they'll have a hard time proving that I was at fault. They're welcome to try though.

As for if I'm describing the event accurately.. what happened in the last few seconds is a blur. I might have hit him, I might not have and that's what I said during the police report.

I was on the phone with his insurer and they basically admitted he was at fault.

"Well, I hope you feel better. I'm sorry about everything that's happened to you."
"You don't have to apologize, it's not your fault.. it's your client's"
*awkwardly* "Yeah.."

I appreciate the warning about the sketchy details and posting on a public forum, but I honestly don't give much of a ****. There's nothing in my post that I didn't tell the police or the insurance company and if they want to scour the web looking to use my own words against me, more power to them. I just hope that guy doesn't get behind the wheel anytime soon.

Glad you came out there alive and hope you get well soon.



This is why riders training courses (are supposed to) teach you to ride like you're invisible. When most motorcycle/car collision happen, the most common excuse is "I didnt see you".

I was indeed taught that, but while you can minimize your odds of having an accident by riding defensively but you can never reduce them to zero. I avoided several accidents in the past by being vigilant and alert and thinking that everyone's out to kill me. In this case, I'm honestly not sure what I could have done differently. If someone in the next lane decides to slam on his brakes and merge into your lane without doing a shoulder check you just have to hope and pray that you can stop in time. I couldn't. Sure, in ideal conditions there would have been room for me to ride in such a way that I was not close to any vehicles in either lane but that day I was not in an ideal world.
 
Take a few more days to rest before looking for lawyers. They can be equally taxing on your health.
 
You must have at the very least nicked him, especially if you were aiming to squeeze between cars but ended up square-on with the bumper of the parked car.

Hope you heal up fast, and when you get back out there again slow down next time you use the lane with parked cars.
 
I'm glad you came out OK (and I really mean it as it could have been a lot worse).. Get well soon. While loud pipes might not have done anything, a Stebel Nautilus still gets the attention of those idiots and I wholeheartedly recommend it to everyone. It won't prevent a real jerk from doing that sort of crap, but it will get the attention of your regular Cagerus Carelessus.
 
Can you please clarify, you hit a parked car right? Not the guy who merged? The guy who merged, was he physically involved in the accident in anyway?

wasn't there a rider wrote on the forum he laid it down cuz a car turnde left in front of him. the bike never made contact with the car. and when a cop came he charged the rider with careless. i wonder how the driver was caught in OP's case. yeah guys like that should not drive period.
 
Considering that he was charged with three counts by the police, I think they'll have a hard time proving that I was at fault. They're welcome to try though.

As for if I'm describing the event accurately.. what happened in the last few seconds is a blur. I might have hit him, I might not have and that's what I said during the police report.

I was on the phone with his insurer and they basically admitted he was at fault.

"Well, I hope you feel better. I'm sorry about everything that's happened to you."
"You don't have to apologize, it's not your fault.. it's your client's"
*awkwardly* "Yeah.."

I appreciate the warning about the sketchy details and posting on a public forum, but I honestly don't give much of a ****. There's nothing in my post that I didn't tell the police or the insurance company and if they want to scour the web looking to use my own words against me, more power to them. I just hope that guy doesn't get behind the wheel anytime soon.
.

If they've admitted he's at fault, you're good. However, the way you described the incident there was definitely room for interpretation of who was at fault.

Was just trying to look out for a fellow rider. Insurance companies do enough to screw us, they don't need any help doing it.

Again, the fact that you're ok (sort of) is what's important. Hopefully there are no long term impacts.
 
I'm glad you came out OK (and I really mean it as it could have been a lot worse).. Get well soon. While loud pipes might not have done anything, a Stebel Nautilus still gets the attention of those idiots and I wholeheartedly recommend it to everyone. It won't prevent a real jerk from doing that sort of crap, but it will get the attention of your regular Cagerus Carelessus.


lol...I think we need a "Installing a Stebel Nautilus 101" video on youtube.
 
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