Well....It happened

Mr Lefty · 11-05-2008, 02:55 PM

sorry guys... this is NOT ed's fault... it'd be VERY hard to prove he was doing 5mph over the speed limit... the gravel from the recent paving and the cold conditions added to his accident. if those conditions lower the speed limit then there should have been a construction sign lowering the speed limit...

The dude was blocking the road... unless they can tell by a skid mark or what ever, that ed was traveling at a speed greater than 35, the truck driver is at fault. but there's no way they'll be able to tell his speed down to 5mph. shit at least on my bike.... I loose 5mph in an instant by shutting the throttle. so chances are he'd be under 35mph by the time he hit the brakes.

ceo012384 · 11-05-2008, 02:57 PM

Quote:

Originally Posted by Ebbs15

sorry guys... this is NOT ed's fault... it'd be VERY hard to prove he was doing 5mph over the speed limit... the gravel from the recent paving and the cold conditions added to his accident. if those conditions lower the speed limit then there should have been a construction sign lowering the speed limit...

The dude was blocking the road... unless they can tell by a skid mark or what ever, that ed was traveling at a speed greater than 35, the truck driver is at fault. but there's no way they'll be able to tell his speed down to 5mph. shit at least on my bike.... I loose 5mph in an instant by shutting the throttle. so chances are he'd be under 35mph by the time he hit the brakes.

100% incorrect.

so sand on the road is a condition that makes an accident not someone's fault?

you must travel at a speed appropriate for the conditions or possible conditions. The speed limit is a guideline for the ABSOLUTE MAXIMUM that you should ever travel on a road in perfect conditions (you can get a ticket for speeding in the rain while going under the speed limit, for example...)

Obviously I feel bad that Ed crashed, but the accident is technically his fault.

Mr Lefty · 11-05-2008, 03:06 PM

Quote:

Originally Posted by ceo012384

100% incorrect.

so sand on the road is a condition that makes an accident not someone's fault?

you must travel at a speed appropriate for the conditions or possible conditions. The speed limit is a guideline for the ABSOLUTE MAXIMUM that you should ever travel on a road in perfect conditions (you can get a ticket for speeding in the rain while going under the speed limit, for example...)

Obviously I feel bad that Ed crashed, but the accident is technically his fault.

in the eyes of the law as far as insurance... he came over a blind ridge... couldn't KNOW that there was sand/gravel on the road as there was no construction sign... that's why they reduce the speed in recent construction zones...

yes... Ed should have been going slower... but as far as who's at fault for the accident... it's the driver.

smileyman · 11-05-2008, 03:11 PM

Anytime you crash it is your fault. Damn I hate it happened to you Ed but so glad to hear you will mend fast...Don't know how that truck didn't crush your leg!

And I am sure that when the insurance company sees your ambulance bill and Dr report they will know it wasn't done in the spirit of fraud!!!

I remember hitting a

on a rain slicked AR highway and crashing...The Trooper wrote me up for "Driving too fast for conditions" and then gave me a very stern look when I asked "What speed is appropriate for hitting a

?"

Bottom line was even though I was going 55 I lost control and it has to be someones fault! Now the truck in the story should have had a flagger, no excuses there and if the insurance company doesn't make Ed whole again he has a shot at proving their incompetence and getting a reasonable (not sizable) settlement just to keep their insurance from paying, but that is only if Ed's insurance company doesn't adequately compensate him for his loss...

Mr Lefty · 11-05-2008, 03:16 PM

what i'm saying is in the eyes of the insurance company and law it's not ed's fault.

yes... in reality it's always your fault... you could have done something to prevent it. even when blind sided... you could have paid more attention to your surroundings. I'm all about self responsibility... I'm not saying Ed wasn't traveling to fast... I'm saying from the insurance stand point, and law's eyes... he's not at fault.

either way... hope you heal up quick... but look on the bright side... at most your cutting your season a week or two short... and get time to fully heal up and get your bike back to 100%

smileyman · 11-05-2008, 03:35 PM

Yeah i got ya Ebbs...There must have been a ton of debris in that intersection you flipped in...I KID, I KID

Mr Lefty · 11-06-2008, 02:16 PM

Quote:

Originally Posted by smileyman

Yeah i got ya Ebbs...There must have been a ton of debris in that intersection you flipped in...I KID, I KID

actually there was... oil, pieces of metal... and crap everywhere... course that was AFTER

ontwo · 11-06-2008, 05:09 PM

Glad you're ok, dude

Rider · 11-05-2008, 03:41 PM

Michigan is a no fault state so that part doesn't matter. In any case they measured the skid mark at 83 feet. I don't know what that translates into speed, but with cold tires, rock pebbles being in the road and going down hill, I couldn't have been going that fast. The insurance adjuster said she's seen many wrecked bikes and that mine looks like a 25mph low side. There was a police report so there is no problem with the insurance part. They came out to look at the bike this morning. I don't have hard numbers yet but she was estimating about $4-$5K worth of damage. She said I needed to get my bike into a shop so they can give a full estimate and they will base the repair cost off of what the shop says it will cost. Since it is only cosmetic damage I will do the repairs myself.

The only thing I can say that the truck driver did wrong was that he didn't have a flagger at the top of the hill to stop traffic.

ceo012384 · 11-05-2008, 04:45 PM

Quote:

Originally Posted by Ebbs15

in the eyes of the law as far as insurance... but as far as who's at fault for the accident... it's the driver.

Quote:

Originally Posted by Ebbs15

what i'm saying is in the eyes of the insurance company and law it's not ed's fault.

... I'm saying from the insurance stand point, and law's eyes... he's not at fault.

No, that's my point. In the eyes of the law and the insurance, it's Ed's fault.

No other vehicle hit him or made a left turn from the right hand lane into him or anything like that.

Crashing a vehicle to avoid conditions/roadblocks/wet/gravel/etc is always legally the operator's fault.

It was a single vehicle accident where he crashed his bike = his fault.

anyways, sorry for the hijack.

11-05-2008, 03:11 PM	#4
smileyman White Trash Hero Join Date: Mar 2008 Location: NW Arkansas Moto: Buell 1125R Porco Rosso Edition Posts: 4,895	Anytime you crash it is your fault. Damn I hate it happened to you Ed but so glad to hear you will mend fast...Don't know how that truck didn't crush your leg! And I am sure that when the insurance company sees your ambulance bill and Dr report they will know it wasn't done in the spirit of fraud!!! I remember hitting a on a rain slicked AR highway and crashing...The Trooper wrote me up for "Driving too fast for conditions" and then gave me a very stern look when I asked "What speed is appropriate for hitting a ?" Bottom line was even though I was going 55 I lost control and it has to be someones fault! Now the truck in the story should have had a flagger, no excuses there and if the insurance company doesn't make Ed whole again he has a shot at proving their incompetence and getting a reasonable (not sizable) settlement just to keep their insurance from paying, but that is only if Ed's insurance company doesn't adequately compensate him for his loss... __________________ Arkriders.com To be the best you must first be willing to risk the worst!

11-05-2008, 03:35 PM	#6
smileyman White Trash Hero Join Date: Mar 2008 Location: NW Arkansas Moto: Buell 1125R Porco Rosso Edition Posts: 4,895	Yeah i got ya Ebbs...There must have been a ton of debris in that intersection you flipped in...I KID, I KID __________________ Arkriders.com To be the best you must first be willing to risk the worst!

11-06-2008, 05:09 PM	#8
ontwo Designated Drinker Join Date: Jul 2008 Location: shitville Moto: 2009 ZX6R Posts: 1,661	Glad you're ok, dude __________________

Thread Tools
Show Printable Version Email this Page
Display Modes
Switch to Linear Mode Hybrid Mode Switch to Threaded Mode

11-05-2008, 02:55 PM	#1
Mr Lefty TWFix Legend Join Date: Feb 2008 Location: Denver CO Moto: 01 BMW F650GS Dakar Posts: 15,677	sorry guys... this is NOT ed's fault... it'd be VERY hard to prove he was doing 5mph over the speed limit... the gravel from the recent paving and the cold conditions added to his accident. if those conditions lower the speed limit then there should have been a construction sign lowering the speed limit... The dude was blocking the road... unless they can tell by a skid mark or what ever, that ed was traveling at a speed greater than 35, the truck driver is at fault. but there's no way they'll be able to tell his speed down to 5mph. shit at least on my bike.... I loose 5mph in an instant by shutting the throttle. so chances are he'd be under 35mph by the time he hit the brakes.

11-05-2008, 03:16 PM	#5
Mr Lefty TWFix Legend Join Date: Feb 2008 Location: Denver CO Moto: 01 BMW F650GS Dakar Posts: 15,677	what i'm saying is in the eyes of the insurance company and law it's not ed's fault. yes... in reality it's always your fault... you could have done something to prevent it. even when blind sided... you could have paid more attention to your surroundings. I'm all about self responsibility... I'm not saying Ed wasn't traveling to fast... I'm saying from the insurance stand point, and law's eyes... he's not at fault. either way... hope you heal up quick... but look on the bright side... at most your cutting your season a week or two short... and get time to fully heal up and get your bike back to 100%

11-05-2008, 03:41 PM	#9
Rider Moto GP Star Join Date: Feb 2008 Posts: 12,156	Michigan is a no fault state so that part doesn't matter. In any case they measured the skid mark at 83 feet. I don't know what that translates into speed, but with cold tires, rock pebbles being in the road and going down hill, I couldn't have been going that fast. The insurance adjuster said she's seen many wrecked bikes and that mine looks like a 25mph low side. There was a police report so there is no problem with the insurance part. They came out to look at the bike this morning. I don't have hard numbers yet but she was estimating about $4-$5K worth of damage. She said I needed to get my bike into a shop so they can give a full estimate and they will base the repair cost off of what the shop says it will cost. Since it is only cosmetic damage I will do the repairs myself. The only thing I can say that the truck driver did wrong was that he didn't have a flagger at the top of the hill to stop traffic.