Crashed (again)

[Motogiro]

I don't get it.. 6 people in the poll said that tcmalker was partially responsible, but no one chimed in with actual comment?

HOW in the world is he responsible for this crash?!

As soon as you set a vehicle on the road, you are partly to blame for an accident, sounds rough, but if you weren't on the road it wouldn't have happened.

That said, I voted that TC was in the right, no blame there. As was said, doesn't matter if you stall (come on, we've all done it), stop for a stray pet or just stop for the fun of it... People behind you need to give way.

:rockon:

I'm responsible for all my crashes/offs. If I don't take that stance I can continue to make everyone else responsible for my actions to what ever degree I deem needed. I like to default to my world is my responsibility, so that as I claim my world I have some say or creativity in it. It makes me a better rider in addition to some other stuff .....
We don't expect a partially developed 5 year old kid to be responsible. That means, for the time, we help with that. Guess what. Adults are also like that. Constantly growing and developing and all at different rates. It's unfortunate that when we don't take responsibility for ourselves we sometimes judge others for our own unhappiness and pain. Until we take responsibility, we'll continue to suffer.
TC did nothing wrong and he is not at fault but he is responsible....

The person who hit him is at fault and should be responsible.....

Know what I mean? opcorn:

 

[tcmalker]

I'm responsible for all my crashes/offs. If I don't take that stance I can continue to make everyone else responsible for my actions to what ever degree I deem needed. I like to default to my world is my responsibility, so that as I claim my world I have some say or creativity in it. It makes me a better rider in addition to some other stuff .....
We don't expect a partially developed 5 year old kid to be responsible. That means, for the time, we help with that. Guess what. Adults are also like that. Constantly growing and developing and all at different rates. It's unfortunate that when we don't take responsibility for ourselves we sometimes judge others for our own unhappiness and pain. Until we take responsibility, we'll continue to suffer.
TC did nothing wrong and he is not at fault but he is responsible....

The person who hit him is at fault and should be responsible.....

Know what I mean? opcorn:

I'm going to call his insurance company and offer to pay for his bumper, it's the responsible thing to do

 

[Erci]

I'm responsible for all my crashes/offs. If I don't take that stance I can continue to make everyone else responsible for my actions to what ever degree I deem needed. I like to default to my world is my responsibility, so that as I claim my world I have some say or creativity in it. It makes me a better rider in addition to some other stuff .....
We don't expect a partially developed 5 year old kid to be responsible. That means, for the time, we help with that. Guess what. Adults are also like that. Constantly growing and developing and all at different rates. It's unfortunate that when we don't take responsibility for ourselves we sometimes judge others for our own unhappiness and pain. Until we take responsibility, we'll continue to suffer.
TC did nothing wrong and he is not at fault but he is responsible....

The person who hit him is at fault and should be responsible.....

Know what I mean? opcorn:

Very well put. I think maybe we're just reading the poll question differently.

When it comes to pure "who's fault was this accident", my answer is "the car driver, 100%".

There are cases where bikers get taken out because drivers pull out in front of them or make a left in front of them and while those cases are also 100% driver's fault, from traffic rules perspective, we all know that it's up to us to watch out for such situations and most of such accidents can be prevented.

This specific crash though.. there really wasn't anything he could have done differently. Sure we're taught to watch our mirrors at red lights and try to get out of the way if we see a car approaching too quickly from the back, but this was different.

I think by saying that tcmalker was at any fault is like saying none of us are ever allowed to stall... that is the only thing he could have done differently, as far as I can tell. I can't agree with that.

 

[marke14]

Agreed on the somewhat academic notion of responsibility in this case, versus who is legally at fault in the view of the American legal code (or IL).

But come on ... f*cking guy totally drove into him. That's bullsh!t. You are allowed to stall every now and then and not be run over.

Edit: And don't even get me started on the fact that the guy put it in reverse immediately and like FLOORED IT out of there. What a dick move!

 

[Motogiro]

In my book we should be aware of vehicles suddenly stopping for any reason. Vehicles stall and that doesn't make hitting you fair in any sense of the word. Then to run! UhUh! :shakehead: :disapprove:

^^^^^^^^^^^^^^^^^^^^^^^^^^^^^

I'm going to call his insurance company and offer to pay for his bumper, it's the responsible thing to do

Well I never said to do that nor did I say you were responsible for his bumper. opcorn:

Agreed on the somewhat academic notion of responsibility in this case, versus who is legally at fault in the view of the American legal code (or IL).

But come on ... f*cking guy totally drove into him. That's bullsh!t. You are allowed to stall every now and then and not be run over.

Edit: And don't even get me started on the fact that the guy put it in reverse immediately and like FLOORED IT out of there. What a dick move!

There's a perfect example of not taking responsibility. The person hits him, then runs. That person is denying responsibility. Because of that the person will now suffer much deeper consequences for that lack of acknowledgement of responsibility. Chances are there is a long string of lack of responsibility that led to the car driver running.

I'm surely not saying you can't stall or break down on the freeway. What ever the laws American laws are, doesn't change the laws of science and physics and human error. Someone not performing their driving responsibly as they should is more common than not. Someone starting from a stop light and then stopping is one of the most common accidents there are. The big fault here is the driver running when the rider was down.
I mean crap! He probably couldn't even see if the rider was trapped under the car and he just pulled away with out any consideration of the further possible consequences to the rider.

He won't be able to 'Tap Out' on this one. It's beatdown time! :Flip:

 

[AngelFZ]

On my ride to work this morning the guy just in front of me, on a big ass Harley, stalled after the gate (where security checks your badge).
I immediately looked at the car behind me and it did not move.
The security officer turned his head and realized what happened since I barely moved after he told me to go.

Big difference is that you are by a law enforcement officer, so people tend to behave better.

On a different note, I have been parking the bike by a beautiful Vmax!!!

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[kober1]

Dude that vid was crazy, can't believe that sh*t. I do agree 100% that you are not at fault if you stall. I do have a theroy on why this happened though. On any car or bike I have had with an exhaust, I noticed that when people aren't paying attention at a light (I look in my mirrors a lot) and they hear a car or bike in front of them (with an exhaust) "take off" they start to move and then look. Doesn't mean they shouldn't make sure you still keep moving forward but I noticed this happens a lot. I have basically had an exhaust on everyone of the vehicles I have owned but wonder if the chances of this happening would be less if you didn't have an exhaust, just a thought. Hope all gets sorted out and paid for, let us know how it goes.

 

[tcmalker]

I just got the bike back from the dealership and the estimate was $1000 & change. They didn't even include my Leo Vince in that estimate! I asked them to put that in there too.

My last accident, the estimate (from a different dealership) was $2500. That was sweet because I kept all of that since damage was mostly cosmetic. This time the damage is a little more and more exhaust is off a little (easy fix???)

I'm still debating whether to get this fix by the dealership or just fix it myself best I can and ride it till, well till I get into the next accident. The question is, would it be easy for me to fix the exhaust & plate holder/lights myself.

 

[Erci]

The question is, would it be easy for me to fix the exhaust & plate holder/lights myself.

If exhaust pipes aren't actually bent, it should be a matter of loosening clamps and bolts, re-aligning everything and tightening it all back up.

Plate light.. your fender is actually cracked. Several options here. Get a stock replacement .. will be very easy to bolt back on or get eliminator kit.. also not difficult.

I would absolutely do the work myself and keep a good chunk of change.

 

[tcmalker]

I just talked to my friend and he has me worrying....

He said that because the driver doesn't have a valid driver license, the other car's insurance company won't pay. The driver is the owner's brother. What the heck! Anyone want to share their two cents?

 

[Kazza]

I just talked to my friend and he has me worrying....

He said that because the driver doesn't have a valid driver license, the other car's insurance company won't pay. The driver is the owner's brother. What the heck! Anyone want to share their two cents?

Yep, that makes his insurance invalid. You will have to claim off your insurance and they will have to try to recoup the money from him. You will have to pay the excess


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[Motogiro]

I just talked to my friend and he has me worrying....

He said that because the driver doesn't have a valid driver license, the other car's insurance company won't pay. The driver is the owner's brother. What the heck! Anyone want to share their two cents?

Neat little trick they're pulling! Here's my 2 cents. The brother without the license wasn't driving the car in the first place! ..... Do one better and find out who the brother who was supposed to be insured and driving and say that's the guy who fled the scene. That's prolly what they're doing. The brother who is licensed and insured actually hit you and he's getting his unlicensed brother to take the fall.....The police will know what they're doing....
Hope it all works out for you.:thumbup:

I bet they're pulling another fast one on you!

 

[Motogiro]

Another interesting bit might be something like did the brother who insured the car allow the uninsured brother to drive the car? If not, did the uninsured brother/driver steal the car? Also a liability claim may be different. I would like to know why an insured vehicle that's stolen wouldn't have it's insurance liable if it caused damage and harm to someone else regardless of who's driving it because if that's the case we could all just bail when we had an accident and say, "It wasn't Me!" Hahaha! So maybe his damages won't be paid but yours will? This will be interesting....

 

[tcmalker]

I bet they're pulling another fast one on you!

Normally I'm usually paranoid, but unless this guy has a twin brother...

I'm going to see how this all play out,

 

[Kazza]

I edited your post, TC.......


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[malicious439]

Good luck, those types of people are never easy to deal with. If anything goes south then sue both of them....

With a hit and run they can also face jail time, just make sure you get compensation before they attempt to flee

It sickens me that that guy hit you and within 5 sec was already hauling ass backwards no time to think about it just full intent in leaving you high and dry.

 

[Motogiro]

Good luck, those types of people are never easy to deal with. If anything goes south then sue both of them....

With a hit and run they can also face jail time, just make sure you get compensation before they attempt to flee

It sickens me that that guy hit you and within 5 sec was already hauling ass backwards no time to think about it just full intent in leaving you high and dry.

I agree! Our criminal justice system should not let them get away with this type of scam. We should be evolved enough to get this straightened out but all in all there is a science to people pulling this crap and it catching up with them.
Let's see what works out through the system.....

 

[Kazza]

Don't think it's just in the US.

We have our fair share of problems like this in Australia. Some idiot hits you and they don't have insurance or no licence. You have to cough up for the repairs, through your own insurance company, and pay the excess. Insurance company takes them to court, and they claim they can only pay $5 a fortnight for the next 20 years because they've had a hard life, they're drug addicts, their mother didn't love them You know what I mean.

P155es me off. I always pay insurance on all our bikes and cars. Yet some other turkey just rides/drives around all day waiting to hit me.

Not fair.

Ok, maybe that should have gone in the rant thread

 

[tcmalker]

Took the bike apart today to check on damages and possible fix (yes I'm going to do this myself per tcmalker's vow). In the first picture you can see the bent bracket. This bracket bent up and pushed the exhausts up resulting in dents on the bottom of each exhaust. The exhaust clamps also seemed to pushed down on top of the exhaust resulting in a 'flatten' spots on top of each exhaust. Thank god for the rubber under the clamps or more damage could have happened. Going to try to readjust the exhaust, but do you guys think I need to order new clamps?

I've decided I'm going to get rid of the stock rear fender. So far all the ideas I got is to get those integrated taillight w signals. Also I'm going to attached the license plate via picture below, but it will be on a hinge system so I can hide the plate while parked.

Only problem is I anticipate is not having a license plate light....This should keep me busy in the winter.

 

[FZ1inNH]

Wow! Just seeing this (I need to visit this site more often!) and I'm very sorry you had this happen. I'm happy you weren't hurt badly and very surprised to see you got it on video! Kudos for that! FWIW, I voted with the majority... you were not at fault and regardless of stalling, shouldn't have been hit!