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-   -   who's at fault (http://www.twowheelfix.com/showthread.php?t=5032)

shmike 01-07-2009 10:12 AM

The biker was at fault for the accident. No doubt.

However, the cager left the scene of an accident. BIG nono.

CrazyKell 01-07-2009 10:21 AM

I clicked cage but becuase I'm choosing to say the cager was at fault for the GENERAL incident and not the specific accident.

It's hard to tell because we didn't see what happened before the pushing incident at the beginning. I know if someone were pushing me there's no way in hell that I wouldn't be calling the cops and getting that situation under control instead of just getting back on and riding away. Thought the biker did a good job of staying calm.

But then....he get stupid. At first I thought the cage was just going to ram him from behind. If I were the biker I'd be getting as far away from that car as possible. He was following WAY too closely, in the wrong lane position, and a whole host of other things. But I think he was doing that thing (and we've all done this at some point) where you're mad so you follow the person and give them THE GLARE just to show them how mad you are (or however that scenario plays out for you).

BOTH at fault for a lot of things!

z06boy 01-07-2009 12:03 PM

Quote:

Originally Posted by ebbs15 (Post 141000)
.. but it was the biker... the cage driver is a dick and needs his ass whooped... but the biker was at fault. I saw that brake check coming as soon as he pulled behind him.

I agree...biker at fault...cager is a prick...well they probably both are pricks.

Captain Morgan 01-07-2009 12:40 PM

Due to the video, the cager is at fault. He did it on purpose as there was nothing in front of him. It was pure road rage and nothing else. Then, he left the scene. Now, insurance may actually put it at "both at fault" and make them each pay for their own damage. A very similar situation happened when my step-mom was a claims adjuster. Two people got pissed at each other and the one in front did the exact same thing in this video. It worked out as I stated, "both at fault, each pays their own damage."

pauldun170 01-07-2009 12:58 PM

Biker...Biker...Biker

Biker - Obstructing Traffic in the beginning of the video
Biker - Menacing by approaching the Cage driver
Biker - Tailgating

You tailgate...you take ownership.
the "brake check is irrelevant"

The guy could have braked check or made an emergency stop. It is the Biker fault. Don't know what led up to the video but since it's the biker who is in front I'm guessing it is the Biker who initiated the incident. Even if cager had been tailgating the biker it is still the biker fault because he could have moved over to let the guy pass but instead he stopped the bike to be a dick.

However he realized that riding a cruiser does not mean the "image" applies to you and got checked by the motorist.


Biker - FAIL
Biker - FAIL
Biker - F.A.I.L

I will not comment on the cager leaving the scene because the video does not provide evidence that he does. He could have pulled in to a parking lot (instead of just blocking traffic, he could have moved to a safe location to asses the damage and call police)

SCVetteNBusa 01-07-2009 01:08 PM

At first, I thought the biker tookout a gun from his waistband. :whistle:

In CA, I'd have to say it's both... 50/50 (with video evidence and/or witnesses)

Without vid... the biker would be at fault for following too closely.

That's what happens when cool heads DON'T prevail... would put yourself against a car in any situation? Guess he didn't learn the "rule of lugnuts"?

MikeSP1 01-07-2009 01:23 PM

Neither of them should've been in that situation in the first place. The middle of a street is not a place to have an argument, much less a heated one. What happened before the video started playing? Something was going on, why would they be in the middle of the road arguing in the first place.

It's the bikers own fault for running into the back of the car, plain and simple. He let the car pass and get in front, he should've been expecting the cager to try something. Let a few more cars get between himself and the mitsu and everything would've been fine, add to that the simple fact that he was tailgating. The mitsu also tried a brake check before the one that landed him the bike, biker should've expected another.

Quote:

Originally Posted by Curb (Post 140963)
i'm testing it right now. some lady cut across three lanes of traffic and i hit her on the left side of her car with the front of my bike and guess what...IT WAS HER FAULT :D. she got the ticket and my lawyer says this is a no brainer...i win, even though i technically made contact with her with the front of my bike into the back of her car:)

Didn't she run a red light?

lauralynne 01-07-2009 02:05 PM

Quote:

Originally Posted by pauldun170 (Post 141206)
Biker...Biker...Biker

Biker - Obstructing Traffic in the beginning of the video
Biker - Menacing by approaching the Cage driver
Biker - Tailgating

You tailgate...you take ownership.
the "brake check is irrelevant"

The guy could have braked check or made an emergency stop. It is the Biker fault. Don't know what led up to the video but since it's the biker who is in front I'm guessing it is the Biker who initiated the incident. Even if cager had been tailgating the biker it is still the biker fault because he could have moved over to let the guy pass but instead he stopped the bike to be a dick.

However he realized that riding a cruiser does not mean the "image" applies to you and got checked by the motorist.


Biker - FAIL
Biker - FAIL
Biker - F.A.I.L

I will not comment on the cager leaving the scene because the video does not provide evidence that he does. He could have pulled in to a parking lot (instead of just blocking traffic, he could have moved to a safe location to asses the damage and call police)

agreed. Biker is a dumb ass for being anywhere near a cage he just got in a fight with. 700lbs vs. 2000 pounds and the bike is going to lose no matter what, fault or not.

Particle Man 01-07-2009 02:40 PM

there were both being idiots.

both.

shmike 01-07-2009 02:44 PM

At least the rider was in FULL gear. :whistle:


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