Fazer Owners Club - Unofficial
Bikes, Hints'n'Tips => Fazer 1000/FZ1 corner => Topic started by: gel on 06 June 2013, 08:19:15 am
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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.
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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
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Been there done that, bought the replacement bike while still on crutches and never regreted it!
Do it :)
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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.
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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.
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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.
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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.
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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!
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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
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these" whiplash" claims are something else aren't they :eek Sounds like he needs a f****n eyetest & retest ( or a few lashes of the whip :evil !)
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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
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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.
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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.
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Interesting, Nick. Wish I'd fought harder but I was a lot younger and greener back then!
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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??
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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.
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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.
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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.
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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 :\
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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).
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http://www.motorbikestoday.com/news/Articles/filtering_law.htm (http://www.motorbikestoday.com/news/Articles/filtering_law.htm)
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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.
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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.
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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
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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..?
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HI All,
Thank you for all your feedback, I have just had a call from the police and they are prosecuting the driver with "Undue". The copper said due to government ruling he will offering a training coarse that he has to pay for or Court. Nice Option. So he has to admit liability either way!
I think I was lucky has a witness came forward and confirmed that he did not indicate and I was along side him when he turned across me.
Anger is now starting to ebb away now.
thanks again.
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Result! Pleased for you, gel. :thumbup
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Spoke to the copper about the accident and said to him "that I normally filter down that road in 1st gear so that people can hear me as i have a race can on, but this time i didn't" He did bat an eye lid. I must be lucky I bounce well and copper did not do me for the race can. :rollin
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Good to hear you're ok and that things seem to be working out in your favour, definitely get out on a bike as soon as possible, it will keep you sane!
On a slightly different line, you say were wearing a hi viz waistcoat or jacket? Doesn't really say much about the possible future ruling of having to wear hi viz clothing on a bike and how it will (in their eyes) cut down on motorcycle accidents, does it??
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You say were wearing a hi viz waistcoat or jacket? Doesn't really say much about the possible future ruling of having to wear hi viz clothing on a bike and how it will
Its already old forgone conclusion that Hi-viz anything just dosent work, because the c***s just dont look or care, but the fucks in Brussels will still try and ram it down our throats. That said the french have fucked it off now, so the chances of it coming over here are slim.
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agreed. If someone simply does not look , then no amount of vis or careful driving means a damn.
personally I try not to filter if I can except where I know a car cannot swerve or move , for this very reason.Usually this means in traffic queues at very low speeds or stationary .
my survival technique is never get near a car !..overtake or hang back. Close proximity loses all our speed and acceleration advantages.We become prey to their indecision and stupidity...Cars are our mortal enemy ! :\
I do feel for commuters who probably have to filter come what may ....it is always then just going to be a matter of time b4 an incident will occur IMO.