Lane change w/o a shoulder check and broken bones

Forum Sponsor
invictus43 said:
... I'm Mr. Defensive and I can still see situations where there's trouble. I take it as a given that someone is going to pull out from behind a turning car in that situation..I'm off the gas and hovering the brake as soon as I see that situation. But even then, if the car moves fast and stupid enough, they can still hit you..you'd basically have to stop in the right lane and wait to see what happens. Not saying the OP was being as careful as he could have been, I wasn't there..but I think it's possible to be super-defensive and still be put in an un-winnable situation.
Click to expand...

+1 I do sympathize with the OP. No one wants a fellow rider to get hurt. That being said there may have been an opportunity to look further down the road and be either in front of the second car or behind.

That 3/4 of a right lane, while looking tempting, is fraught with hidden dangers. Parked cars can pull out without looking, or you get squeezed to the right from left lane traffic.

We were not there, so it is difficult to accuse the OP for contributing to his demise. Chances are that the OP hit the overtaking car and there was paint transfer from his bike to the car. No matter how careful we ride, there is always the unwinnable situation. We choose to ride when others choose protection and sometimes we lose. @OP thanks for sharing your crash report. what gear were you wearing, how did it hold up, and what were your injuries? Get well soon.
 
Eep....To @oxymoron....Glad you're doing better now. They are right, it could have been worse and it's a lucky thing it wasn't. Hope all is good with you now.

*squishy hugs*
 
****** buzz. glad you made it out though!

I ride on that lane often on many streets. you have to really be carful. Not just for the cars to your left, but also for cars pulling out of the spots on the right and for people opening their doors! Also, as a rule, i try to never ride beside any car or in any cars blind spot. I speed up and pass, or slow down and pace a little bit behind. If i'm a little behind and i see them start to merge over, always brake, never speed up to try and squeeze though. Not worth the risk.
 
turbodish said:
No. It should be loud horn wired permanently on saves lives, assuming you go by the rationale provided by the loud pipe contingent here.
Click to expand...

You are correct, that tactic would have made the driver aware of the rider and none of this would have happened.
 
rukus said:
not relly. most auto injury lawyers take it on assumption of payment when a settlement is recieved.
Click to expand...

Okay. I know people and lawyers. When people worry, as they always do, lawyers get paid.

BTW.. Without prejudice. There's an interesting correlation between your posted sig pic that reads: "If you can read this, thank a teacher" and your spelling savvy. Let's ride! BTW. I like the Honda Rukus.
 
rukus said:
sure have been. but 7 years later, after 4yrs of physio, still missing an eye, permanently 'disfigured', lacking the proper use of a couple limbs, constant pain, being unable to work full-time, and more, im sure not rich.

negligence you have to prove it was intentional. emotional distress? i barely got to sue for that. pain and suffering? well, it wont sure wont cover my pain meds over the long term (at this rate).



go read the "after an accident" sticky in the ins. forum.

you can't sue for replacement of his gear. your own ins. co will cover that.

it really does not sound like you even comes close to pass the lawsuit threshold.

do not go to your insurer for a lawyer advice. (your own insurer could potentially be one of the defendants) contact several different lawyers and ask for references. i can pm you a couple decent ones that MAY take the case.

as for the laying down idea, some accident reconstructionists believe that if you had time/skill to lay it down, you had time to stop or avoid. i personally am not convinced either way.

unfortunately it also sounds like the offender will most likely get off (most charges), esp. with a decent lawyer. i have good knowledge of 3 different "failure to remain" where they got off b/c they or their rep. succesfully argued that they were not aware an accident had happened.


good luck OP, follow the docs/physio's advice carefully. go sit down and write everything you can remember down. everything. weather, time approximations, every thought through the incident, EVERYTHING! you want to be able to recall what happened years down the line. oh, and a settlement (if there ever is one, would come 5+years from now)
Click to expand...

^+1

6 years and hopefully my last year with my law suit. Your basically fighting the insurance company so don't get advise from them. Get your self a lawyer and go from there. It is free. You do not need to pay them anything to speak to them and ask them if you have a case or not. Also if they do take your case you don't have to pay them unless they win the case, when that happens they will take a persentage. Make sure before signing any papers you ask what that persentage is. With my lawyers they get 30% which is normal. Some take 25%, my mom got screwed with hers when she was hit. Hers took 40%.

Go to all the speciallists you need to. Some times familly doctors do not take their patients too seriously. I know I had to really fight with mine to get me to the right speciallist. Next month I finally get to go for a MRI. 6 years later. I should have had one months after my accident. If you feel anything tell your doctor and make sure he/she writes it all down as the lawyers use all this information. I had some issues with my doctor not writing down what he was perscribing to me for, even though it was for my neck and back pain.

Like ruckus said write down everything you remember as it happened to you.

PM me if you have any more questions. Hope you heal well.
 
Thanks for your insightful posts, everyone. You've given me a lot to think about.

Petraeus said:
Not trying to blame the victim here, but 1 word. defensive driving, u were going too fast, how on a 125? it's a mystery but if u can't brake faster than the car in forn, you are going too fast.

Would u rather be right and have broken bones or be safe ... it's your choice really
Click to expand...
No offense, but you don't know what the **** you're talking about. Let's say you, Petraeus, are in the centre lane of a three-lane road going the speed limit. You're not going over the limit because it's a high-traffic area during rush hour. Are you telling me that you you manage to keep adequate distance from both the car in front of you and both of the vehicles in the adjacent lanes?

I am (was, whatever) a safe rider. I always wore my gear and didn't take unnecessary risks. I maintained adequate distance between me and the vehicle in front of me. If the car in front of me slammed on the brakes, I could have stopped in time. But please don't tell me you ride in such a way that if the vehicle on your left or your right slammed its brakes and swerved into your lane you would always manage to come to a full stop before hitting.
 
TorontoBoy said:
+1 I do sympathize with the OP. No one wants a fellow rider to get hurt. That being said there may have been an opportunity to look further down the road and be either in front of the second car or behind.

That 3/4 of a right lane, while looking tempting, is fraught with hidden dangers. Parked cars can pull out without looking, or you get squeezed to the right from left lane traffic.

We were not there, so it is difficult to accuse the OP for contributing to his demise. Chances are that the OP hit the overtaking car and there was paint transfer from his bike to the car. No matter how careful we ride, there is always the unwinnable situation. We choose to ride when others choose protection and sometimes we lose. @OP thanks for sharing your crash report. what gear were you wearing, how did it hold up, and what were your injuries? Get well soon.
Click to expand...

I agree that I could have prevented the accident by not using the right lane.. or by taking a bus home or by going well under the speed limit. Hindsight's 20/20, we all take certain risks when we are on the road. It doesn't mean that we are riding in an unsafe manner, I'm just saying there'salways a safer way to ride. It's a constant trade-off. We're making that trade-off every time we get on a bike.

I had a helmet, riding boots, jeans and padded riding jacket on. The gear did its job perfectly. I probably would've had a broken shoulder if not for the shoulder pads. I mentioned the injuries in the first post, but it's broken pelvis & wrist. I dunno, I'm not bitter though. I'll be an even more defensive driver from now on and this is just one more life experience.
 
oxymoron said:
No offense, but you don't know what the **** you're talking about. Let's say you, Petraeus, are in the centre lane of a three-lane road going the speed limit. You're not going over the limit because it's a high-traffic area during rush hour. Are you telling me that you you manage to keep adequate distance from both the car in front of you and both of the vehicles in the adjacent lanes?

I am (was, whatever) a safe rider. I always wore my gear and didn't take unnecessary risks. I maintained adequate distance between me and the vehicle in front of me. If the car in front of me slammed on the brakes, I could have stopped in time. But please don't tell me you ride in such a way that if the vehicle on your left or your right slammed its brakes and swerved into your lane you would always manage to come to a full stop before hitting.
Click to expand...

Maybe you were going within the speed limit, but the speed limit is only the maximum permitted, and not necessarily the speed advisable in all circumstances.

I think what the other poster was alluding to is speed differential not only between you and the vehicle in front, but also speed differential between you and moving vehicles to either side of you. If traffic to your left is stopped or almost stopped, prudence demands that you ease off the throttle, cover the brake, and be prepared for the likelihood that traffic may jump out into your lane to avoid the backup in the other lane.

Such defensive riding precautions become even more important when your lane is an unusually narrow one (as in the case with the leftovers of a parked car lane) that limits your opportunity to avoid intruding vehicles by moving over within that lane. Wearing all your gear is nice, but wearing gear alone is neither defensive nor safe riding. It may help if you crash, but it does nothing to prevent a crash.
Forum Sponsor
 
Last edited:
You must log in or register to reply here.
Back
Top Bottom