Whose fault was the accident???
Outstanding HDF Member
Joined: Feb 2008
Posts: 2,908
Likes: 2
From: Southeast Wisconsin
RE: Whose fault was the accident???
His. I was on a Country Highway 55mph. It was night and I had my high beam on. We were doing 60 and I saw the car at his stop sign as my road didn't have one. I left off the throttle and then when we were 120 feet away from him he just pulled out. We weren't gonna stop in time and we were gonna t-bone him but I managed to almost clear the front of his car. He hit us just hard enough to send us down. My Fiances foot ripped off his licesnse plate mount and was thrown. I went down with the bike and slid 10-15 feet into the ditch. My nylon jacket melted but saved my arm and side big time. My jeans ripped at the knee and pocket where my wallet was but still saved my leg big time. He got out told us he thought he had more time and then when the cops came he said he just didn't see us.
Anyways Fiance broke her collarbone and her foot is still swollen. Her mom almost got arrested. The guy after the initial shock and my Fiance flipping out on him didn't seem to car much too much about what happened he never talked to me once. Before he talked to us his dog got out of the car and he was worrying more about getting his dog in the car than talking to us. The guy who saw it was more worried about us and more helpful. When the EMT's and cops showed up he was just chilling smoking and drinking his coffee. Even the EMT's seemed to think he didn't care much about what happened.
Anyways Fiance broke her collarbone and her foot is still swollen. Her mom almost got arrested. The guy after the initial shock and my Fiance flipping out on him didn't seem to car much too much about what happened he never talked to me once. Before he talked to us his dog got out of the car and he was worrying more about getting his dog in the car than talking to us. The guy who saw it was more worried about us and more helpful. When the EMT's and cops showed up he was just chilling smoking and drinking his coffee. Even the EMT's seemed to think he didn't care much about what happened.
Outstanding HDF Member
Joined: Feb 2008
Posts: 2,908
Likes: 2
From: Southeast Wisconsin
RE: Whose fault was the accident???
ORIGINAL: sleepneagle
when on a bike, it's always your fault. You didn't observe and evaluate to avoid.
You are invisible, you have to prevent an accident.
when on a bike, it's always your fault. You didn't observe and evaluate to avoid.
You are invisible, you have to prevent an accident.
With my accident there was no way I would have avoided it unless I had been turning or would have pretty much just slowed down to 30mph. I was paying attention and avoided a much worse action by not panicing and analyzing the situation. And, if I were to get that crazy at every intersection I would be riding like cmhfguy depicted and if I rode like that I would stop.
Outstanding HDF Member
Joined: Aug 2007
Posts: 2,836
Likes: 1
From: 2000 Softail FXST
RE: Whose fault was the accident???
Not covered here was striking animals. A local riderhit a deer the other night. Although insurance covers it they dontconsider it an "accident". I think they categorize it as an "act of God". PD has a seperate form for striking animals and doesn't put it on an accident form. So who's at fault the rider or the deer? I struck a deer once with my truck and I assure you I was being observant and could do absolutely nothing to avoid the collision.
Tourer
Joined: Sep 2006
Posts: 493
Likes: 1
From: Oceanside, CA
RE: Whose fault was the accident???
I read somewhere years ago that the mark of an advanced rider is a rider who will not LET an accident happen. I rode for 36 years with no accidents and then 2 blocks from home had my bike totalled. I was coming on the main road- saw an elederly driver coming at me from an alleyway. Made eye contact with her- she slowed down, appeared to be braking- then suddenly hit the gas just as I was even with her- slammed into me -driving my bike over a curb across a lawn and into the side of a house. I should have trusted my instincts and either increased speed to get by her before she got to the end of the alley or slowed enough to let her go first.
Outstanding HDF Member
Joined: Feb 2008
Posts: 2,908
Likes: 2
From: Southeast Wisconsin
RE: Whose fault was the accident???
I am a very defensive and ovebserant rider I just don't think you can say an accident is always the bikers fault. I played the defensive roll, I slowed down watched what he was doing and he wasn't going anywhere and just pulled out. So it's my fault. I know I'll just start stopping at every intersection where there is a car and just get rear ended because I would be stopping where there is no stopping. Some accidents are unavoidable, **** just happens.
I do agree that there are some accidents where the rider could have avoided it but they weren't paying attention. To say ALWAYS is quite a stretch.
I do agree that there are some accidents where the rider could have avoided it but they weren't paying attention. To say ALWAYS is quite a stretch.
Extreme HDF Member
Joined: Apr 2006
Posts: 11,317
Likes: 11
From: Tucson, Az
RE: Whose fault was the accident???
ORIGINAL: Lincoln33
Not covered here was striking animals. A local riderhit a deer the other night. Although insurance covers it they dontconsider it an "accident". I think they categorize it as an "act of God". PD has a seperate form for striking animals and doesn't put it on an accident form. So who's at fault the rider or the deer? I struck a deer once with my truck and I assure you I was being observant and could do absolutely nothing to avoid the collision.
Not covered here was striking animals. A local riderhit a deer the other night. Although insurance covers it they dontconsider it an "accident". I think they categorize it as an "act of God". PD has a seperate form for striking animals and doesn't put it on an accident form. So who's at fault the rider or the deer? I struck a deer once with my truck and I assure you I was being observant and could do absolutely nothing to avoid the collision.
Now, I'm not suggesting that you travel 10-15 mph down the highway but, if you continue at what is considered normal highway speed you have "assumed the risk" and must accept what ever the consequences are!!
Of course your insurance company will consider an accidentwith an animal to be a comprehensive loss and fault isn't factored in.
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Tourer
Joined: Feb 2008
Posts: 471
Likes: 0
From: Salt Lake City, UT
RE: Whose fault was the accident???
I was first in line at a red light. A lady came rolling up behind me -I noticed because I heard the passenger screaming for her to stop! I looked both ways and took off through the intersection. She rear-ended me about halfway through it. Front bumber of the car was on my rear fender, tire was skidding along under it and we finally came to a stop. Somehow I stayed on the bike. I was holding on so tight that I ripped the rubber out of the Kuryakn ISO grips!
Long story short: The passenger exited the car and took off running. The lady was drunk and arrested for DUI and possession of crack cocaine.
And no, I didn't get cited for running a red light!
Long story short: The passenger exited the car and took off running. The lady was drunk and arrested for DUI and possession of crack cocaine.
And no, I didn't get cited for running a red light!
RE: Whose fault was the accident???
ORIGINAL: sleepneagle
when on a bike, it's always your fault. You didn't observe and evaluate to avoid.
You are invisible, you have to prevent an accident.
when on a bike, it's always your fault. You didn't observe and evaluate to avoid.
You are invisible, you have to prevent an accident.