Damn cagers!!
They pulled to the right toward or out of the lane, in an area people normally drop students off at a walkway towards the school. We slowed, moving towards the left portion of the lane, then suddenly they turn in front of us. I was riding cautiously!!! Had she given any indication she was going to make any turn(even an illegal u-turn), we would have stopped. If we wouild have been traveling any faster, my wife and I would have been thrown from the motorcycle. Multiple witnesses agree I was doing nothing dangerous, and the police cited the operator of the SUV. There insurance adjuster said she is not disputing any of the facts. But you would like to come on here and twist something I have to say.
Sure you can place some of the blame with me. Maybe for pulling the bike out of my garage, putting on my leather, helmet, goggle, and gloves, then getting on a road that has people in cages? Cages that don't give a damn what is going on around them!!! Maybe tuning on the bike, starting it, putting the transmission in gear, and turning the throttle? Maybe having ESP would have prevented this from occurring?
We all assume there will be risk riding a motorcycle. But penalties need to be suitable for careless drivers. I will share what my outcome is with those interested, and possibly someone can avoid a similar situation. But police need to enforce simple safety rules, instead of just turning a blind eye because they are the only one on duty, and MAY need to respond to something else.
Many of US, are tired of being treated like second class motorists. We deserve as much protection from the law as anyone else.
Get a lawyer. You have physical damage to your face (no matter how much it improves your looks... lol) that you suffered.
Also you are entitled to a rental vehicle (or whatever their max daily payment for a rental car is. Usually $25-$30/day) even if you don't take a rental vehicle. I've been here and done this and her insurance will try to bullshit you that you aren't entitled to a rental since you have other transport. They HAVE to pay whether its your only transport or not. And they have to pay for a reasonable period of time. If your parts are going to take 3 months to get they don't have to give you a rental for 3 months, but a month is reasonable. It is a negotiable thing.
Big thing is that your dealer doesn't miss anything on the quote. Go over it with a fine tooth comb!
Good Luck! Glad your OK!
Heal fast and ride safe. Damn cagers that don't pay attention.
Obviously this is an evolution in learning. That is why I posted this, so hopefully just one other person could gain some usefull information from my misfortune.
Get a lawyer. You have physical damage to your face (no matter how much it improves your looks... lol) that you suffered.
Also you are entitled to a rental vehicle (or whatever their max daily payment for a rental car is. Usually $25-$30/day) even if you don't take a rental vehicle. I've been here and done this and her insurance will try to bullshit you that you aren't entitled to a rental since you have other transport. They HAVE to pay whether its your only transport or not. And they have to pay for a reasonable period of time. If your parts are going to take 3 months to get they don't have to give you a rental for 3 months, but a month is reasonable. It is a negotiable thing.
Big thing is that your dealer doesn't miss anything on the quote. Go over it with a fine tooth comb!
Good Luck! Glad your OK!
Now if she was still in your lane and simply made a "wide" arch in order to make a U-Turn and you hit her...well in Texas I'm pretty sure they would say you were not maintaining a safe distance to avoid her making a maneuver in front of you.
I'm curious if insurance will try and make an argument that sure she made an illegal turn but (using Texas terminology) you were not able to maintain control of your vehicle if by some means you could end up being at fault for the accident.
Just like the other person got mad because someone slammed on the brakes to stop at a Yellow light and they had to dump the bike in order not to hit them..well sorry but that means the rider of the bike was unable to maintain control of their bike and did not have a safe distance between them.
I hope that truly it turns out she was at fault since she left her lane, I clearly understand how it would have been easy to assume she was pulling over, I like you probably would have done the same thing and ended up hitting her...
Not trying to accuse you of anything...just bringing up a point that in Texas it is RARE that any accident where the vehicle from behind runs into one in front is it the vehicle in fronts fault.
Good luck, I hope it turns out good for you. And I'm glad both of you guys were not hurt more seriously.
The Best of Harley-Davidson for Lifelong Riders
If you read that post about the person dumping there bike because of someoneslamming on there brakes at a yellow light. It was clear they were avoidinggetting rear ended. Just couldn't hold the bike when he got stopped on an angle. So in some on this boards logic he should have stayed put in his lane, and taken it in the rear end, harming his girl, and himself.(At least he wouldnot have been wrong). He put the safety of his girlfriend and himself above the motorcyle.
I guess we will wait and see how insurance companies try to sort this one out. When she moved/pulled to the side, I was plenty far enough behind her. But her unexplained/unadvertised (no signal), even as slow as we were going distances close rather quickly. We were likely inches from being stoped had she checked either of her mirrors.
Yes I am sore. Yes I am pissed off. Yes I will likely have a scar, but thereis always plastic surgery, or with good care it will be minimal. But I am grateful to be sitting here typing this and my wife is asleep safe in our bed.
In hind site any one of the accidents folks on the forums post can be put back on the rider. I am hoping the adjuster comes tommorow and deals with me fairly and doesn't try to twist things. I am 100 percent certain the motorcyle will have every little detail on the estimate. (I have seen worse bikes turned around and look as good as new). My two concerns with an adjuster will be a rental, treatment for my face, and compensation for my disfigurement.
Obviously this is an evolution in learning. That is why I posted this, so hopefully just one other person could gain some usefull information from my misfortune.



