Accident on June 23 | Page 2 | GTAMotorcycle.com

Accident on June 23

Rob MacLennan said:
The video clearly shows that the car violated your right-of-way, so you are in no way at fault in this collision. Even without the video, I can't see how the driver isn't 100% at fault both legally, and by insurance rules. The only way it could be considered even a percentage otherwise would be if you were doing 15+ Kmh over the limit.

Now go see a doctor. You don't have to wait for the insurance company to OK it and you don't need to be in pain.
Click to expand...

Just to play devil's advocate given the police officer cited the rider was at fault...in the video there really doesn't seem to be an effort on the rider attempting to avoid or slow down. Granted, given the distance from the camera it is really hard to tell.

The only other reason I can think of is there is a good 5-6 second count from the moment the car starts moving before the point of impact. Technically that is a fair amount of time to see the idiot turning in front of you and slow down/stop, even if technically they are an ****** and you actually have right of way. Also looked like the car was 90% through its turn and you impacted the rear passenger door or rear quarter panel, vs hitting closer to the front wheel of the car.

Again, not saying you are at fault...but just trying to figure out why the officer said what he said. Also, given insurance in Ontario and the fact they make their own decisions independent of police reports, I'd say this could still land somewhere in the 50/50, 25/75, 75/25, etc categories.

Now what does really dumbfound me is how the driver KEPT ON DRIVING after the point of impact. I mean...really? For all he knew you could have been under his rear wheel and he proceeded to run over you. Then to throw fuel on the fire...he gets out, slowly, sees you, and proceeds to slowly walk around and check his own vehicle, then decides maybe he should go check on you. Douchebaggery at its finest.
 
Last edited:
How did you find out about this video and obtain a copy so quickly?
 
conundrum said:
he gets out, slowly, sees you, and proceeds to slowly walk around and check his own vehicle, then decides maybe he should go check on you. Douchebaggery at its finest.
Click to expand...

How can you be so selfish... Can't you see that OP was burning the driver's precious time out his day!?
 
conundrum said:
Just to play devil's advocate given the police officer cited the rider was at fault...in the video there really doesn't seem to be an effort on the rider attempting to avoid or slow down. Granted, given the distance from the camera it is really hard to tell.

The only other reason I can think of is there is a good 5-6 second count from the moment the car starts moving before the point of impact. Technically that is a fair amount of time to see the idiot turning in front of you and slow down/stop, even if technically they are an ****** and you actually have right of way. Also looked like the car was 90% through its turn and you impacted the rear passenger door or rear quarter panel, vs hitting closer to the front wheel of the car.

Again, not saying you are at fault...but just trying to figure out why the officer said what he said. Also, given insurance in Ontario and the fact they make their own decisions independent of police reports, I'd say this could still land somewhere in the 50/50, 25/75, 75/25, etc categories.

Now what does really dumbfound me is how the driver KEPT ON DRIVING after the point of impact. I mean...really? For all he knew you could have been under his rear wheel and he proceeded to run over you. Then to throw fuel on the fire...he gets out, slowly, sees you, and proceeds to slowly walk around and check his own vehicle, then decides maybe he should go check on you. Douchebaggery at its finest.
Click to expand...

Your timing didn't sound right to me, so I went back to check it. It was a little less than three seconds from when the car seems to have breached the oncoming lanes (which coincidentally is also roughly when the bike enters the frame), to the point of impact. One shoulder check could eat up a second to a second and a half of that. Only the OP can say what he was doing at the time. It looks like a lot of distance and time in the video, but it really isn't. Something like 0.2 to 0.3 is a pretty good reaction time, once a danger is perceived. How long it takes to actually perceive the danger will vary from person to person, incident to incident.

The camera might also not be giving a true representation of time. It depends upon frame rate and how it was decoded. Security cameras routinely record at 10-15 frames a second in order to save disk space. We don't know if it was dumped back to real time. For simplicity's sake I'll assume it was correctly dumped.
 
yes get a lawya, guess what you hear prior to court, even when clear cut black & white,

your brakes were wore out, tires bald blah blah blah,

also, if you actually can last the time it takes for your day in court, don't be lying about anything, like, could you take your garbage out? cut the grass? put your kids in the car child seats? etc

they gonna have a movie about you,

lawyer might even say 'forget riding' until you settle,

oh, settling can take half a decade
 
Last edited:
Rob MacLennan said:
How long it takes to actually perceive the danger will vary from person to person, incident to incident.
Click to expand...

Experience level goes a long way as well, and (nothing personal OP, just stating the facts) our OP is a new rider.
 
conundrum said:
Just to play devil's advocate given the police officer cited the rider was at fault...in the video there really doesn't seem to be an effort on the rider attempting to avoid or slow down. Granted, given the distance from the camera it is really hard to tell.

The only other reason I can think of is there is a good 5-6 second count from the moment the car starts moving before the point of impact. Technically that is a fair amount of time to see the idiot turning in front of you and slow down/stop, even if technically they are an ****** and you actually have right of way. Also looked like the car was 90% through its turn and you impacted the rear passenger door or rear quarter panel, vs hitting closer to the front wheel of the car.

Again, not saying you are at fault...but just trying to figure out why the officer said what he said. Also, given insurance in Ontario and the fact they make their own decisions independent of police reports, I'd say this could still land somewhere in the 50/50, 25/75, 75/25, etc categories.

Now what does really dumbfound me is how the driver KEPT ON DRIVING after the point of impact. I mean...really? For all he knew you could have been under his rear wheel and he proceeded to run over you. Then to throw fuel on the fire...he gets out, slowly, sees you, and proceeds to slowly walk around and check his own vehicle, then decides maybe he should go check on you. Douchebaggery at its finest.
Click to expand...

Not saying all the cops, but I think this cop really hate me or he just want to defend the driver.. Well I got a lawyer.. And now I'm going through the insurance benefits.
Got an update from the insurance company said " I am not at fault. "
But I still haven't got anything from the police.... And insurance still haven't told me if my bike is totaled or not.. Slow...
 
Blackfin said:
How did you find out about this video and obtain a copy so quickly?
Click to expand...

I worked beside them, and we are the same boss. They came out and help me. Police was saying its my fault because the witness said I did something stupid... So police is on their side, showed him the video he asked he thought I told him I was going 60km/hr so I just ignored him after
 
yodude said:
yes get a lawya, guess what you hear prior to court, even when clear cut black & white,

your brakes were wore out, tires bald blah blah blah,

also, if you actually can last the time it takes for your day in court, don't be lying about anything, like, could you take your garbage out? cut the grass? put your kids in the car child seats? etc

they gonna have a movie about you,

lawyer might even say 'forget riding' until you settle,

oh, settling can take half a decade
Click to expand...

Yeah... The lawyer told me this thing usually goes for a year to 18 months before everything settles...
 
PLau said:
How can you be so selfish... Can't you see that OP was burning the driver's precious time out his day!?
Click to expand...

Mad part is doesn't look at me if I'm hurt or not, Just kept talking to the guy beside him. And didn't even called the ambulance or police, I was lying down there for at least 30 seconds before my coworker called the ambulance.

Annd he still continues to drive when I was down, what happens if my hand or head was down there man
 
Lukeeelu said:
Got an update from the insurance company said " I am not at fault. "
But I still haven't got anything from the police.... And insurance still haven't told me if my bike is totaled or not.. Slow...
Click to expand...

End of the day it really is what the insurance company says that matters. It would be nice to get that 'not at fault' in writing somehow, but assuming the adjuster has seen the bike and things are underway to repair or replace, then likely that doesn't really matter.

I'm guessing though if the police said you were at fault, then a ticket was issued? If so, I'd fight it, given even insurance said you were not at fault for the accident. Given the cop wasn't there when it happened and made a judgement call, I'd figure the insurance ruling would have to hold some weight. Remember too police have up to something like 6 months past the date of the incident to write you up as well.
 
Last edited:
common misconception that police determine fault. Fault is a civil process, and insurance companies deal with that sort of stuff.

Police's roll is to fill out the collision report and lay charges. If I were you, I would be taking that video offline, and proceeding via civilly for damages/loss/millions of dollars.
See section 142(1) HTA, Turn - Not in Safety.

"142. (1) The driver or operator of a vehicle upon a highway before turning to the left or right at any intersection or into a private road or driveway or from one lane for traffic to another lane for traffic or to leave the roadway shall first see that the movement can be made in safety, and if the operation of any other vehicle may be affected by the movement shall give a signal plainly visible to the driver or operator of the other vehicle of the intention to make the movement. R.S.O. 1990, c. H.8, s. 142 (1)."

Ontario Highway Traffic Act

Police may lay a Part 1 Ticket for 30 days after offence, or 6 months via part 3.
The exemption is under the C.A.I.A where they can lay up to 3 years for insurance related investigations.
 
Last edited:
Neil_V said:
Funny stuff from the "significant damage" crowd haha
Click to expand...


If if you'd like to read my earlier response you'd notice that in this case I suggested lawyering up, despite not being a particularly litigious person myself...but my comment was directed at the suggestion to sue the police? Not sure what that could possibly accomplish short of costing the OP an assload of money for what...an apology?

If if he does indeed get a ticket take it to court and shown the video I think any judge in his right mind will throw it out. Beyond that, courts don't pay much for hurt feelings.
 
PrivatePilot said:
If if you'd like to read my earlier response you'd notice that in this case I suggested lawyering up, despite not being a particularly litigious person myself...but my comment was directed at the suggestion to sue the police? Not sure what that could possibly accomplish short of costing the OP an assload of money for what...an apology?

If if he does indeed get a ticket take it to court and shown the video I think any judge in his right mind will throw it out. Beyond that, courts don't pay much for hurt feelings.
Click to expand...

Wasn't disagreeing with you, just an observation; you know, reasonable application of retribution in one case vs. another... ya feel me?
 
Make sure your bike & body get repaired to the original state. Don't compromise
 
Lukeeelu said:
He haven't press any charges yet.. But he said at this moment Im at fault since the witness and the driver said I did something wrong.. But I wasn't doing anything wrong.. I literally just pulled out my work place 20 seconds after the crash... my speed was approximately XX km/h
Click to expand...

What reason did the cop give about you being at fault?

From the initial looks, it seems like the bike had the right of way, not the car. Accident determination guide is available online, just google it.

Have you sent this video to police and your insurance company? Or is that the reason for this thread to determine if you should submit it? :)

FYI: You should probably not mention the speed that you think the bike was travelling at on here.

Sent from my iPhone using Tapatalk
 
Last edited:
You must log in or register to reply here.

Back
Top Bottom