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-   -   Well....It happened (http://www.twowheelfix.com/showthread.php?t=3113)

Mr Lefty 11-05-2008 03:16 PM

what i'm saying is in the eyes of the insurance company and law it's not ed's fault.

yes... in reality it's always your fault... you could have done something to prevent it. even when blind sided... you could have paid more attention to your surroundings. I'm all about self responsibility... I'm not saying Ed wasn't traveling to fast... I'm saying from the insurance stand point, and law's eyes... he's not at fault.


either way... hope you heal up quick... but look on the bright side... at most your cutting your season a week or two short... and get time to fully heal up and get your bike back to 100%

smileyman 11-05-2008 03:35 PM

Yeah i got ya Ebbs...There must have been a ton of debris in that intersection you flipped in...I KID, I KID:sorry:

Rider 11-05-2008 03:41 PM

Michigan is a no fault state so that part doesn't matter. In any case they measured the skid mark at 83 feet. I don't know what that translates into speed, but with cold tires, rock pebbles being in the road and going down hill, I couldn't have been going that fast. The insurance adjuster said she's seen many wrecked bikes and that mine looks like a 25mph low side. There was a police report so there is no problem with the insurance part. They came out to look at the bike this morning. I don't have hard numbers yet but she was estimating about $4-$5K worth of damage. She said I needed to get my bike into a shop so they can give a full estimate and they will base the repair cost off of what the shop says it will cost. Since it is only cosmetic damage I will do the repairs myself.

The only thing I can say that the truck driver did wrong was that he didn't have a flagger at the top of the hill to stop traffic. :idk:

ceo012384 11-05-2008 04:45 PM

Quote:

Originally Posted by Ebbs15 (Post 85959)
in the eyes of the law as far as insurance... but as far as who's at fault for the accident... it's the driver.

Quote:

Originally Posted by Ebbs15 (Post 85963)
what i'm saying is in the eyes of the insurance company and law it's not ed's fault.

... I'm saying from the insurance stand point, and law's eyes... he's not at fault.

No, that's my point. In the eyes of the law and the insurance, it's Ed's fault.

No other vehicle hit him or made a left turn from the right hand lane into him or anything like that.

Crashing a vehicle to avoid conditions/roadblocks/wet/gravel/etc is always legally the operator's fault.

It was a single vehicle accident where he crashed his bike = his fault.

anyways, sorry for the hijack.

R1up0n1 11-05-2008 04:48 PM

ehhh who cares who's fault it is....shit happends that you can't react in time. That's why we have insurance...either way he is covered to heal up and fix his bike back up so he can ride again.
Just glad your ok man.

Antwanny 11-05-2008 05:18 PM

Quote:

Originally Posted by ceo012384 (Post 85956)
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.

my old man was a cop and he said after just about every car accident there was a speeding ticket, " if you weren't driving too fast for conditions/tailgating you would have had time to react and you would not have crashed."

But blame aside get well soon.
________
Ford thunderbird specifications
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Iolite Packaging

smileyman 11-05-2008 05:30 PM

I had a friend who panick braked on a wet road to avoid a rear end accident in front of him...He slid to a stop mere inches from the 2 wrecked cars only to be hit from behind and pushed into the accident.

The officer on scene ticketed each driver including my friend with following to close...Life really sucks sometimes. Each auto's insurance company had to pick up the tab of the car in front of it...

Carolina 11-05-2008 05:31 PM

My crash was almost like that. No dump truck, a car and no backing on me just couldn't stop:idk: I was only going 32 in a 25 according to the police report. I got a citation but no speeding ticket and no court yayyyy,but it was on a military installation so idk in your case.

well at least you didn't break your wrist. I'm still trying to figure out what the fuck I did or didn't do oh well bikes gone i'm good and i'll be getting something else when my wrist fully heals in JAN,FEB


Glad your alright though

NEW469 11-05-2008 07:37 PM

Quote:

Originally Posted by Rider (Post 85655)
I went down this morning... details to come later... I'm ok but bruised up pretty good. Don't know the condition of the bike yet.


Goodspeed on the recovery:dthumb:

DLIT 11-05-2008 08:31 PM

Did you have frame sliders on? Is it possible that they coulda reduced some of the damage, if you don't have them on already?


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