Thats what I was thinking because if he says he came over a blind hill and didnt see them until it was too late theyd probably just tell him that he was going too fast.

Again, glad you're okay. I'm wondering if you're going to have any problems with insurance since you had just increased it that morning. I hope your agent processed it right away and there is a time stamp. Otherwise, you may have the additional problem of your insurance company crying foul/fraud attempt. I was an agent for a brief time and you'd be surprised of the stories of fraud that occured. I just hope your insurance company doesn't give you any problems.

Very true.

Damn man. Glad to hear you are both going to be alright. Got pretty lucky from how it sounds.

Ed,

That sounds like a rough accident... the highside and the truck on your leg.... that shit is no joke.

I hope your recovery is a speedy and painless one.

Bikes can always be repaired or replaced.

-Christopher

It's Ed's fault, unfortunately.

If there are blind crests or curves on a road, you are supposed to adjust your speed (even far under the limit) accordingly to be able to safely react to anything that might be ahead.

The truck driver was not technically doing anything wrong, 3 point turns and other such maneuvers are legal as long as you signal properly beforehand that you will be doing them...

Easy to prove it was his fault, he was going to fast for conditions. If he was not going to fast for conditions he could have stopped in time. Now the percentage at fault is differrent, thats determined by how good of a lawyer you and the opposing party has. (Good to hear your ok)
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sorry guys... this is NOT ed's fault... it'd be VERY hard to prove he was doing 5mph over the speed limit... the gravel from the recent paving and the cold conditions added to his accident. if those conditions lower the speed limit then there should have been a construction sign lowering the speed limit...

The dude was blocking the road... unless they can tell by a skid mark or what ever, that ed was traveling at a speed greater than 35, the truck driver is at fault. but there's no way they'll be able to tell his speed down to 5mph. shit at least on my bike.... I loose 5mph in an instant by shutting the throttle. so chances are he'd be under 35mph by the time he hit the brakes.

100% incorrect.

so sand on the road is a condition that makes an accident not someone's fault?

you must travel at a speed appropriate for the conditions or possible conditions. The speed limit is a guideline for the ABSOLUTE MAXIMUM that you should ever travel on a road in perfect conditions (you can get a ticket for speeding in the rain while going under the speed limit, for example...)

Obviously I feel bad that Ed crashed, but the accident is technically his fault.

in the eyes of the law as far as insurance... he came over a blind ridge... couldn't KNOW that there was sand/gravel on the road as there was no construction sign... that's why they reduce the speed in recent construction zones...

yes... Ed should have been going slower... but as far as who's at fault for the accident... it's the driver.

Anytime you crash it is your fault. Damn I hate it happened to you Ed but so glad to hear you will mend fast...Don't know how that truck didn't crush your leg!

And I am sure that when the insurance company sees your ambulance bill and Dr report they will know it wasn't done in the spirit of fraud!!!

I remember hitting a raccoon on a rain slicked AR highway and crashing...The Trooper wrote me up for "Driving too fast for conditions" and then gave me a very stern look when I asked "What speed is appropriate for hitting a raccoon?"

Bottom line was even though I was going 55 I lost control and it has to be someones fault! Now the truck in the story should have had a flagger, no excuses there and if the insurance company doesn't make Ed whole again he has a shot at proving their incompetence and getting a reasonable (not sizable) settlement just to keep their insurance from paying, but that is only if Ed's insurance company doesn't adequately compensate him for his loss...