bike vs. big rig truck (accident on the 18th) | Page 2 | GTAMotorcycle.com

bike vs. big rig truck (accident on the 18th)

overkill13 said:
OP get a lawyer. They will get witness statements and form a case for you, something that not a single person here can do for you, unless they are a lawyer.

As a truck driver, seeing other drivers not signalling makes my blood boil. Cars are bad enough but a normal drivers cannot possibly make predictions about how much room a truck will need to turn. We have a higher seating position and experience operating the vehicle to make these decisions where cars do not. A failure to indicate on the part of a truck driver can and does get people killed.

Don't fail to consider that approaching a vehicle stopped on the shoulder at the speed limit is not advisable, safe or riding within the limits of your vehicle even if it might be legal.

Best of luck with your case and GET A LAWYER.
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Good post. I really don't know what happened and don't want to dump on the OP..it's possible the truck did a random, unsignalled u-turn or left turn or swerve to the shoulder, stop, then pull out into traffic again..I dunno. But you're right..when you see random behaviour like that, it's good to slow down and see wtf is going on. I hope the OP gets back to normal, regardless of what the legal outcome is.
 
nobbie48 said:
1) If this is going to court should it be discussed in the internet?

2) If the police failed to gather ALL of the evidence IMO their credibility should be challenged.
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1) this isn't some high profile case, police and prosecutors won't be looking at GTAM, twitter and your facebook for information regarding this accident/charge;

2) police will just subpoena all the witnesses to court, police may not even show... because they can only give testimony to the aftermath

OP please find some good representation, don't go for any plea-bargain paralegals/lawyers

i was in court the other day as a crown witness, and was so surprised the defendant's lawyer chose to take the reduced charge 'Left Turn - Fail to avoid collision' rather than fight the Careless Driving; the officer wasn't even present, but i guess the crown only needed my testimony to secure the conviction
 
Glad you are alive to tell the story!

Aside from determination of fault, I think an important point here is that we NEED to promote practicing emergency braking more than just what we get at the safety course. Braking distance at 20 km/h is only a couple of metres. That is, if you don't lock up and dump the bike and end up like the OP under the wheels of a giant rig.

This is one reason I chose to get ABS on my first bike. And I still go out and practice stopping whenever I can. As a novice rider, I know that I would panic in a situation like the one just described and squeeze the hell out of my own brakes. IMO this is the biggest vulnerability on motorcycles: where a split second error in reflexes during the normal operation of your vehicle can put you on the pavement real quick.

GWS barrebeast, and do consult a lawyer!
 
i just came back from visiting the scene and spoke to intelligarde security in the area, unfortunately no cameras on road.

anyway
thanks for all info guys, i've gathered some useful points from everyone here, hopefully i can build a case... i dont believe i've ever heard of courts dismissing or overruling a charge
 
one more thought.. i hire a lawyer to build a case, probably spend upwards of $2000 and up to reduce the demerit points taken from me, and pay less fine

from another thread i read,it doesnt seem like its worth to sue the driver or company if im not dead or nonfunctioning

i survived by sheer miracle, i cant explain it


btw. how much pressure can a helmet take from the top in order for it to crack?
 
barrebeast said:
one more thought.. i hire a lawyer to build a case, probably spend upwards of $2000 and up to reduce the demerit points taken from me, and pay less fine

from another thread i read,it doesnt seem like its worth to sue the driver or company if im not dead or nonfunctioning

i survived by sheer miracle, i cant explain it


btw. how much pressure can a helmet take from the top in order for it to crack?
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depending on the company, i believe you might be eligible for a new helmet

you have nothing to loose with a personal injury claim; most injury firms only charge you a fee of 30% if they win; if they loose, you won't have to pay anything

not sure what you mean by reduce the demerit points, you should be fighting this to have a not-guilty verdict or have the case dismissed
 
JOE: i have a BELL helmet, I am surprised it held up... i see some marks on the top and behind but they dont look like tire marks

i got some damage all over my back as well but i have no idea how, when the bike went out from under me i flew forward and face down

not sure if i mentioned earlier that i had my gf's helmet in a duffle bag which i was hugging during the accident, an HJC helmet.. cracked down the center chin and back of the neck, visor show stress and padding displaced...


ifly55: i spoke to someone today and he said to take option 2 on the ticket, speak to a prosecutor... ask him to withdraw the ticket or pay a small donation

as for the personal injury claim , i'll have to speak to someone else to see if i have a case..
im bummed about this because i just got a new job, been working for a couple of weeks and my net worth is $0, back injuries and such are hard to determine unless its obvious with xrays... the difficulty with sleeping, personal rehab time, relationship strain, gf' having to be my nurse, other limitations wont be considered unless i'm a professional
 
barrebeast said:
one more thought.. i hire a lawyer to build a case, probably spend upwards of $2000 and up to reduce the demerit points taken from me, and pay less fine

from another thread i read,it doesnt seem like its worth to sue the driver or company if im not dead or nonfunctioning

i survived by sheer miracle, i cant explain it


btw. how much pressure can a helmet take from the top in order for it to crack?
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"Operations without due care and attention" is a 6 point offence. You need it to go away, not be reduced if at all possible. Your insurance rates could go up by thousands a year, based on this one incident.
 
nameless? said:
Except that if you pass someone making a left turn on a two direction, two lane road its partially their fault, if the truck was pulling out from the curb the truck is 100% at fault. See example six here http://www.ibc.ca/en/car_insurance/documents/brochure/on-fault-determination-rules.pdf
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insurance finds me 50% at fault according to section 10-6

i was on the left tire track, i see a HUGE truck coming from the left and im trying to gear/slow down but its not enough, the tail would smack me... my instincts tell me to do everything to avoid the truck including riding further away + braking.. which probably caused me to skid out and end up on or to the left of the center dividing line.

i think i was found on the opposite left tire track
 
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barrebeast said:
insurance finds me 50% at fault according to section 10-6

i was on the left tire track, i see a HUGE truck coming from the left and im trying to gear/slow down but its not enough, the tail would smack me... my instincts tell me to do everything to avoid the truck including riding further away + braking.. which probably caused me to skid out and end up on or to the left of the center dividing line.

i think i was found on the opposite left tire track
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Good to hear you are alive and (mostly) ok. Another vote for a lawyer. Unfortunately 50% at fault doesn't help you, for insurance, that's the same as 100% at fault.

If you can't find some evidence that the truck was not signalling, you are in trouble here. As it currently sits, you are guilty unless you can prove your innocence. The truck driver has a good chance of losing his job with an an-fault accident on his record, so don't expect him to be remotely helpful.

As for your 2 mph comment, it sucks, but that's the way the rules are written. If you are moving at 2mph 30' behind another car and you get hit and smash into them, you are 50% at fault, if you were stopped, 0% at fault. Moving or not moving is the test, not being able to stop.

If you keep riding, practice emergency braking, gear changes were unecessary and just made your life more complicated.
 
OP glad your ok, Don't just give up and fight this...i know You said you have no money, but the cost not to fight this well cost you more in the LONG RUN...
 
barrebeast said:
JOE: i have a BELL helmet, I am surprised it held up... i see some marks on the top and behind but they dont look like tire marks

i got some damage all over my back as well but i have no idea how, when the bike went out from under me i flew forward and face down

not sure if i mentioned earlier that i had my gf's helmet in a duffle bag which i was hugging during the accident, an HJC helmet.. cracked down the center chin and back of the neck, visor show stress and padding displaced...


ifly55: i spoke to someone today and he said to take option 2 on the ticket, speak to a prosecutor... ask him to withdraw the ticket or pay a small donation

as for the personal injury claim , i'll have to speak to someone else to see if i have a case..
im bummed about this because i just got a new job, been working for a couple of weeks and my net worth is $0, back injuries and such are hard to determine unless its obvious with xrays... the difficulty with sleeping, personal rehab time, relationship strain, gf' having to be my nurse, other limitations wont be considered unless i'm a professional
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You want to be fighting this charge. There is lots of information in this forum about how to do that. But, with respect, if you are as inexperienced with court as it seems, you really need representation. Get help!

Also, from your comments this is really kicking the crap out of you emotionally/mentally. Get some help for that. Talk with a friend or family. Put this in perspective. It's a crappy thing that happened but it isn't the end of the world by a long shot. Good luck with your recovery and with your defence.
 
this is a really crappy incident, but its not the end of the world.

fight the ticket. go see redline or some other service. try to get it thrown out, or at least reduced.

there is no personal injury lawsuit. no decent lawyer will even take your case based on the injuries posted. it doesn't seem to meet the minimum requirement for a lawsuit. there is no "pain & suffering." you should be able to get your gear replaced, and anything damaged from in your duffel.

unless you have very strong evidence, which you are not sharing, you wont be reversing the ins co's %)% fault determination.

go distract yourself, and start accepting the s#$^ for what it is.
 
vociferous said:
this is a really crappy incident, but its not the end of the world.

fight the ticket. go see redline or some other service. try to get it thrown out, or at least reduced.

there is no personal injury lawsuit. no decent lawyer will even take your case based on the injuries posted. it doesn't seem to meet the minimum requirement for a lawsuit. there is no "pain & suffering." you should be able to get your gear replaced, and anything damaged from in your duffel.

unless you have very strong evidence, which you are not sharing, you wont be reversing the ins co's %)% fault determination.

go distract yourself, and start accepting the s#$^ for what it is.
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you/re right... i wish the lawyers would have told me that directly

is small claims court worth pursuing? to get my towing/impound fees, gear, bike cost paid for by the trucker... i know insurance covers some but i'd like to know your opinion


as for gear replacement, how do i go about that? i checked both manu. site and no info posted
 
barrebeast said:
you/re right... i wish the lawyers would have told me that directly

is small claims court worth pursuing? to get my towing/impound fees, gear, bike cost paid for by the trucker... i know insurance covers some but i'd like to know your opinion


as for gear replacement, how do i go about that? i checked both manu. site and no info posted
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You aren't going to get anything if it's your fault. You have to establish that first.
 
barrebeast said:
i got into an accident on the 18th and am lucky to be alive

after dropping off my gf i went down cherry st. turned onto unwin ave. (2 lane road i believe) ahead of me was a big rig truck who shortly after pulled onto the shoulder slowly and looked like he was stopping.
as i approach the clear path (truck parallel with the street) the truck driver makes a sudden sharp left, i quickly grab the clutch, gear down and apply both brakes, the bike skids and goes out from under me and i end up underneath the truck, 3 sets of double tires roll over my helmet and i am taken to the hospital.

'witnesses' and hospital/police reports say i rear ended the truck, the truck driver didnt even know he hit me until he was flagged down

god bless, my helmet didnt crack.. my gf's brand new helmet that was in my duffel bag ended up in the front and in my arms bracing some impact has cracked down the center of the chin. no broken bones or major internal damage.. just a lot of back and chest pain, some foot injury and scrapes and bruises.

at the hospital the police served me with a ticket for careless driving ($490 and 6 demerit points) and didnt even care to take my side of the story

i will fight the ticket... any advice? i do not trust to hire any lawyers that will tell me to plea
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There is no shoulder on cherry road at unwind. Sounds to me like the truck was simply going to the edge of the road before making the left turn since trucks need more room to complete the turn. It sounds to me like you will have a hard time going anywhere with this.





BTW i cant imagine your head being run over by a truck and it held up, helmets are made out of plastic and foam padding, not titanium.
 
Is it possible that the helmet in the duffle is what got run over and in the confusion and panic that ensued you believed it to be your own head?

That is a pretty traumatic thing to go through, I'm impressed to see you handling it as well as you have. Count me in as another that thinks you should strongly consider professional representation, if the physical evidence doesn't support the charge, a professional will have a better (though admittedly not definite) chance to establish that, and ask the right questions of witnesses and the investigating officers to get that charge thrown out.

Best of luck and glad to still have you among us, that's a bigger victory than any you can have in the courtroom!
 
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