Well....It happened - Page 5

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

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.

ceo012384 · 11-05-2008, 04:45 PM

Quote:

Originally Posted by Ebbs15

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

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

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.
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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

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

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

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?

11-05-2008, 03:35 PM	#42
smileyman White Trash Hero Join Date: Mar 2008 Location: NW Arkansas Moto: Buell 1125R Porco Rosso Edition Posts: 4,895	Yeah i got ya Ebbs...There must have been a ton of debris in that intersection you flipped in...I KID, I KID __________________ Arkriders.com To be the best you must first be willing to risk the worst!

11-05-2008, 05:30 PM	#47
smileyman White Trash Hero Join Date: Mar 2008 Location: NW Arkansas Moto: Buell 1125R Porco Rosso Edition Posts: 4,895	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... __________________ Arkriders.com To be the best you must first be willing to risk the worst!

11-05-2008, 05:31 PM	#48
Carolina Says it's time to ride Join Date: Mar 2008 Location: San Diego, CA :) Moto: 2003 honda CBR 954/ 2011 Road King classic Posts: 1,012	My crash was almost like that. No dump truck, a car and no backing on me just couldn't stop 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 __________________ a wise man once said if u wipe ur ass with your hand you'll have a fistfull of shit

11-05-2008, 08:31 PM	#50
DLIT Clit Commander Join Date: Feb 2008 Location: Las Vegas Moto: 2012 Ducati 1199 Panigale S Posts: 4,189	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? __________________ Dress for the crash. Not the ride.

11-05-2008, 03:16 PM	#41
Mr Lefty TWFix Legend Join Date: Feb 2008 Location: Denver CO Moto: 01 BMW F650GS Dakar Posts: 15,677	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%

11-05-2008, 03:41 PM	#43
Rider Moto GP Star Join Date: Feb 2008 Posts: 12,156	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.

11-05-2008, 04:48 PM	#45
R1up0n1 Yo Join Date: May 2008 Location: PA Moto: 2009 Yamaha V Star 950 Touring / 1995 Intruder Posts: 163	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.