Crashed (again)

Are you partly responsible if you stalled and someone hit you from behind?

  • Yes, you share some of the blame.

    Votes: 25 13.5%
  • No, totally the other guys' fault

    Votes: 160 86.5%

  • Total voters
    185

XTRAWLD

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You have this on video and that is the BEST proof. Congrats on capturing it. I'm not sure how you CAN NOT get some compensation for something if they see this.

Keep us updated - this is incredible.
 

JTL

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UPDATE:

The douchbag who hit me went to court today, late. The guy didn't speak a lick of English. For some reason the judge said to me, "You're excused, if we need you we'll contact you. You're welcome to witness the trial if you wish." The trial was continued (did it even started??) for next month.

Now I'm wondering why they don't need me. I'm the fricking star witness. They don't know anything about the video that I have (because I didn't tell them). Then I remember, this is Cook County, IL. People here just get slap on the hand, if that. Well, guess what. I AM going to attend the next court hearing and I WILL raise hell if they're going to drop the ball on this one.

I don't want the insurance to say I didn't fulfill my end of the bargain.

As I gather it, you are a police officer or such. So what'll be the problem?
 

tcmalker

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As I gather it, you are a police officer or such. So what'll be the problem?

How did you gather that? Good investigating.

The problem is with the insurance company. They could say that I did not fulfil part of my obligation by not attending court. Next court date they could find him not guilty because the witness (me) didn't show up. The insurance would then denied my claim because I fail to pursue the case, claiming now they can't go after him. Etc.
 

killereef

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Good thing it wasn't worst. I got T-bone by a 3 day old FAT Mercedes and I know how you feel. I was on my 76 kz900. The other guy was texting while driving. Out of the corner of my eye, I saw him coming.....Holy sh$t. Me and the bike was thrown 10 feet away. Wow and wow...do you have your camera with you all the time? Dont give up it you love ride. Good luck with everything and feel better. Also, The insurance should pay at least double the medical bills. The insurance will always, in most cases, low ball you. They will pay for clothes and any items that are damage.
 
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JTL

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How did you gather that? Good investigating.

The problem is with the insurance company. They could say that I did not fulfil part of my obligation by not attending court. Next court date they could find him not guilty because the witness (me) didn't show up. The insurance would then denied my claim because I fail to pursue the case, claiming now they can't go after him. Etc.

Ok. There was no need for investigation :) I remember you mentioned it somewhere here in this forum.
 

tcmalker

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Can you not go after this guy personally and file a personal suit that way?

I could, but this guy seems to be an illegal immigrant from Mexico. Dont' think I can get much if anything from him. Hate to sue my own insurance company, but...
 

Kazza

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Since you're a law enforcement officer or something (sorry if I've got that wrong, but I'm sure you've mentioned it before) why didn't you show the video? That would have been the first thing to do when you reported it to the police?
 

lonesoldier84

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It also makes no sense to me why you didn't tell them about the video. Seriously....wtf? It's glaringly obvious what went down in that video.
 

lazamus69

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UPDATE:
Now I'm wondering why they don't need me. I'm the fricking star witness. They don't know anything about the video that I have (because I didn't tell them). Then I remember, this is Cook County, IL. People here just get slap on the hand, if that. Well, guess what. I AM going to attend the next court hearing and I WILL raise hell if they're going to drop the ball on this one.

You could have saved a whole lot of everybodys time and money had you told the judge you had video evidence. Once the accused hears and views this he may have pled right on the spot. Im sure the judge is gonna have a few words for you when he finds out about the vid ...you're in law enforcement? wow...I thought you just worked at a police station

ps..glad you're OK..never like to see anybody get hurt
 
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tcmalker

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Since you're a law enforcement officer or something (sorry if I've got that wrong, but I'm sure you've mentioned it before) why didn't you show the video? That would have been the first thing to do when you reported it to the police?

I went to court as a citizen, not as a police officer. I didn't show them the video at court because I wasn't given a chance too. Essentially, the judge said thanks for coming, we don't need you, but if we do we will contact you. His next court date is in 3 days, I will attend just to make sure, and will show them the video.

As for showing video when I reported it to the police, I wish I could, but I needed either a micro SD card reader or mini-USB cable which I don't carry on me and the police station doesn't have one handy. I guess it's once drawback of Coutour vs GoPro.

Anyway, will keep you all updated!
 

lazamus69

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I don't understand your remark.

If the prosecuter was armed with the knowledge that there is video evidence BEFORE the perps first court appearance, any further appearances may have been avoided...Your failure to mention the video during the filing of the initial police report and no mention during his first appearance defies logic.

Wait a minute...I know whats going on here. Are you a Matlock fan? I bet you're gonna wait till the most dramatic moment in the trial and rise from the gallery and shout "tcmalker has video proof!!!" while holding the camera aloft, mini-usb dangling......

That would be cool
 

06Fz6

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not trying to stir up ****, still the guys fault. but you did stall the bike right? like i said not tryin to be rude but kinda your fault as well
 

Ransom

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not trying to stir up ****, still the guys fault. but you did stall the bike right? like i said not tryin to be rude but kinda your fault as well

I would disagree. If you watch in the video, he was still rolling when he stalled out. Also, at the speed the car was going he would have been hit anyways just while going faster.
 

06Fz6

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it does matter cause when someone see you accelerating and then you suddenly stop it gives room for error. Not saying the guy wasnt at fault but still naturally when they see someone leaving a light especialy on a bike they arent prepared for sudden chop of throttle
 

tcmalker

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Update:

There is no update. I was not notified to go to court since the first court date. I will try to look up and see what the court imposed. I did get the letter from the insurance co that they will try to recoup my deductible.

As much as I would like to see this guy punished to the full extent of the law, my part in this is finished.
 

lonesoldier84

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Not sure why this thread is revived but while it is...

I miss tc-'trashtalker'-malker.

:(

Can we unban him?

39545.jpg


Lol
 
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