Author Topic: 20 year's, bang! Very lucky (Read 5912 times)

gel · « **on:** 06 June 2013, 08:19:15 am »

In April had my first big accident in 20 years of riding. Nothing damaged but extensive tissue damage. The old girl has gone :-(
Not too sure if will be on a bike for a while.

Bracechenko · « **Reply #1 on:** 06 June 2013, 09:00:01 am »

Oh dear! Glad you're here to talk about it but sorry to hear of the accident. shows it can happen to any of us at any time.

How did it occur?

Sent from my GT-I9505 using Tapatalk 2

locksmith · « **Reply #2 on:** 06 June 2013, 09:12:39 am »

Been there done that, bought the replacement bike while still on crutches and never regreted it!

Do it

hightower · « **Reply #3 on:** 06 June 2013, 09:58:05 am »

My brother had a big off 2 years ago, and went and bought a car. Now he's getting jealous of me and wants back in...

I bought most my kit off him, excluding the helmet and his jacket (which the paramedics cut up). Those RST textile pants hardly have a mark on them.

gel · « **Reply #4 on:** 06 June 2013, 11:26:32 am »

Filtering past a line of stationary cars, going up the oncoming lane that was empty when a car u turned into me when I was along side of him. I was only doing about 15 mph. The doctors said that the speed and the quality of the kit I was wearing stopped me from breaking my hip or pelvis. The guy who hit me is try to do me for whiplash. The cops at the accident said I was not at fault. We are still waiting for there report. No confidence to get in a car or a bike at the moment. Really shook me up.

mickvp · « **Reply #5 on:** 06 June 2013, 11:42:09 am »

I had a really bad time after an off at 50mph about ten years ago, which made me get a car license at the time...worst thing I ever did, even when I started back on the bikes last year, I was shaky on them for the first few weeks, but the feeling past and now back as confident a rider as ever, but all the more aware and cautious because of my accident. Even though it was not my fault (someone pulled out a junction on me) I think its made me a better rider for it.

Although your smarting now, maybe its better to get back on the horse as soon as you are fit enough and build the confidence back up again? It would be an awful shame to give up something you enjoy because of a silly accident that wasn't your fault.

Falcon 269 · « **Reply #6 on:** 06 June 2013, 12:15:58 pm »

Glad nowt's busted - well, except the bike, but that can be replaced. Hobble down to the bike shop ASAP and start window-shopping. You'll feel much better for it.

Heal fast, ride soon.

ghostbiker · « **Reply #7 on:** 06 June 2013, 01:04:37 pm »

The longer you leave it before getting back on a bike the more fear and uncertainty sets in.
Nothing can stop some idiot slamming in to you without warning, just like some fool could mount a pavement and side swipe you while on his phone as you walk along the road.

Don't over think it, shit happens. Learn from it and move on!

tomlinscote · « **Reply #8 on:** 06 June 2013, 05:18:17 pm »

Whiplash from a 15mph inpact doing a U turn? What a git, I bet his insurance will want you to take 50% of the blame too, do not accept that, my Dad did and its screwed up his renewals for years.
you were not at fault, and the git failed to make the proper observation before making a move, could argue driving with out due care etc
Glad nothing is broken too

Tommo

Dave48 · « **Reply #9 on:** 06 June 2013, 05:25:06 pm »

these" whiplash" claims are something else aren't they

Sounds like he needs a f****n eyetest & retest ( or a few lashes of the whip

!)

Hedgetrimmer · « **Reply #10 on:** 06 June 2013, 08:02:37 pm »

Yes, I think Tommo's right. He'll probably say he checked his mirrors carefully - in which case how come he didn't see you? A manoeuvre without undue care I would think is the way to go - it worked for me.
Hope you're up and running (and riding soon).
Nick

AyJay · « **Reply #11 on:** 06 June 2013, 08:18:23 pm »

I hate to be the bearer of bad news, but I had the same kind of accident and legal precedent is still 50/50 at best in these kinds of incidents and it usually goes 25/75 in the car driver's favour. The guy who hit me said it was his fault and admitted it to his insurers, but that made no difference. It is utterly wrong, of course, and I wish you all the luck in dealing with it. Hopefully the police will be of help, but overturning legal precedent is a long battle.

Hedgetrimmer · « **Reply #12 on:** 06 June 2013, 10:33:24 pm »

As to legal precedent, you need to be watchful about what they try to use. My own solicitor sent me case copies of why she thought I would only get 50/50 at best, and I was able to shoot each one down as not applicable in my case. I ended up with 70/30 in my favour, and the argument of undue care was a substantial part of my case. Sometimes, if a driver knows they were wrong, they'll bottle it at the last minute, too.

AyJay · « **Reply #13 on:** 06 June 2013, 11:10:15 pm »

Interesting, Nick. Wish I'd fought harder but I was a lot younger and greener back then!

Doddsie · « **Reply #14 on:** 06 June 2013, 11:40:16 pm »

Just a question so dont shoot the messenger but...... could it not be argued that you were riding on the wrong side of the road??

gel · « **Reply #15 on:** 07 June 2013, 12:03:37 am »

Right to clear up the issue of riding on the other side of the road, this is a legitimate position, as backed up by the police officer I spoke to at the scene. I am also a qualified IAM rider and this is also backed up in the IAM manual. Where he failed was NO indication, Poor / No observation, as I was parallel with him when he turned. At the time I was wearing a IAM high vis top, had headlights on and a race can. With regards to blame, my insurers have employed a private accident investigator to look at it and he has come back with the driver is too blame 100%. The police are due to issue there report soon so it will be interesting to see what they say. Fingers crossed they agree with the investigator. The Police are looking at an undue attention charge for the driver. I'll keep your posted.

AyJay · « **Reply #16 on:** 07 June 2013, 12:14:55 am »

This is very good news Gel.

As I mentioned, I ended up well out of pocket and any movement on blame in these kinds of accidents should be welcomed by all two wheeler riders. I wonder if the insurance company is trying to keep it out of court given the legal precedent. Please do keep us informed because it will help others.

Doddsie · « **Reply #17 on:** 07 June 2013, 01:52:46 am »

Im not arguing and I hope it all works out well for you, Im just trying to picture the scene. Why were the vehicles stationary? If you were passing a line of stationary vehicles on the wrong side of the road, could it not be argued that you were riding dangerously as you had no where to go if anything was to come the other way? Be interesting to see what the final result is... Good luck.

fazer-rat · « **Reply #18 on:** 07 June 2013, 07:46:19 am »

sounds like he was filtering which in the eyes of the law is a perfectly legitimate activity. classic case of a dozy car driver not paying attention $:\$

Hedgetrimmer · « **Reply #19 on:** 07 June 2013, 07:46:34 pm »

Bear in mind that the police investigation will not be trying to establish who's to blame - they'll just be interested in finding out if anyone broke the law (traffic regs etc).

R1FSR · « **Reply #20 on:** 08 June 2013, 05:01:12 pm »

http://www.motorbikestoday.com/news/Articles/filtering_law.htm

AyJay · « **Reply #21 on:** 08 June 2013, 05:48:39 pm »

Aha! Thanks very much for that. I got knocked off in 1996 so was subject to the old ruling.

I'm a very happy man. That's brilliant news.

Hedgetrimmer · « **Reply #22 on:** 08 June 2013, 05:56:24 pm »

Jeez, I wish I got paid as much as solicitors for knowing f**k-all about my job!! Although my tale had a fairly happy ending, my solicitor sat back on her fat arse and let me do all the work, never said a word about the 2006 ruling.
If it ever happens again, I'll be looking for someone with bike-specific knowledge to represent my case.

bri h · « **Reply #23 on:** 09 June 2013, 02:48:13 am »

Glad your ok gel. I had a shunt a little while ago as most of you know and questiond keeping on riding. The insurancee company and repair shop managed to keep me of the road for over a month and by the time i got my bike back i was desperate to get back on it. I hope you feel the same in a short while

b1k3rdude · « **Reply #24 on:** 09 June 2013, 10:43:51 am »

Quote from: gel on 07 June 2013, 12:03:37 am

Right to clear up the issue of riding on the other side of the road, this is a legitimate position, as backed up by the police officer I spoke to at the scene. I am also a qualified IAM rider and this is also backed up in the IAM manual. Where he failed was NO indication, Poor / No observation, as I was parallel with him when he turned. At the time I was wearing a IAM high vis top, had headlights on and a race can.

My previous thou was written of in the same manor, but would you believe by a bent rear subframe(caused by the luggage system, which is why I dont have fitted all the time now).

But same as you as was parallel to the driver who was stuck in traffic when the arse-hole turned right without looking or indicating, The only difference in road pos for me was there was plenty of room for me to filter between the cars and the center road markings. I was aware your above statement at the time, but as I had both options thought I would cut that argument from the get go.

You mentioned having a race can, I know its only a fine for this but what did the Police/ins have to say..?