Honda Hornet 600....I had a motorcycle accident last september 2004. It was a dual carriagway which i was in the right hand lane, then the lane bares to to the left or you can go straight on. Anyway the left lane was not moving so i went in the outside lane and folowed it to the left and then suddenly this girl tried running accross the road and i hit her straight on doing about 20mph, and its a 40mph limit. All there is, is a drop down curb but no crossing. The police arrived and took statments and reviewed the scene, and said it wasnt my fault. Now shes trying to claim £300,000 of me! so my insurance company are taking it to court. Yes she did have serious injuries, part of her skull taken away and has a metal plate there, coma for 3 months but that was drug injuiced cos of swelling to brain and punctured liver and otha stuff ive never heared off. Swear there against us bikers!!!!!
2007-04-01 01:14:49 · 13 answers · asked by Anonymous in Cars & Transportation ➔ Motorcycles
it sounds to me like u were doing what we in the states call a 'lane split'. most states frown on this, but california encourages it. if lane splitting in the uk is legal, it doesnt stop there. in the case of california, lane splitters are still legally required to do it safely. in the states, if a driver hits anything, in some cases, they're still responsible.
it would appear to me that both of u were in the wrong. wrong on her part for attempting to cross traffic even tho 1 of the lanes was backing up and not watching for incoming traffic and assuming that they would stop 'just because' she was there....obviously she didnt plan on a bike.
but u also have a bit of responsibility whether or not the cops specify u were in the wrong or not. u had the responsibility of doing the lane split safely and with 'due caution'. sounds to me u didnt based on speed....a lane split at 20 mph is a bit too fast. 10-15 mph would be more preferred. just because the hornet is a stripped down crotch rocket doesnt mean u can do practically half the speed limit in between lanes of travel. even an bike impact of 20 mph can do some serious damage to a person that gets hit.
u have the responsibility to avoid getting and also avoid causing injury. sorry bud, but as a biker, had i been on the jury, i'd have to vote for her, and i'll tell u why.
its not because u were on a bike, or because of the type of bike. its because u didnt lane split with due caution, was executing the split with too much speed, and u obviously wasnt paying much attention because u SHOULD have been able to get the bike 100% stopped at the speed u claim u were at...20 mph. in the states, the maximum effort stop is to be done at a speed of at least 20 mph. the throttle is maintained until the bike reaches a line, and the rider has to do a full-out complete panic stop. the 'preferred' distance from the line to full stop is within 23 or 25 feet. had u been paying good enough attention, u would have seen the girl, and would have been able to stop in time. unless ur leaving out some key details, i'd have to vote for the girl even tho she was in the center of the street...u should have either been able to do a full stop, or even a swerve. if she was in between cars, u should have been able to get it stopped.
i ride a 600 pound sportster, and even i can get it stopped to within 24 feet from a 20 mph run....this sport bike u got supposedly has 3x's the braking power of a cruiser. my suggestion is to seriously learn how to get a bike stopped properly....its the hardest part of riding to master. any1 can go fast. going fast is optional. getting stopped is manditory.
2007-04-01 05:23:12 · answer #1 · answered by Anonymous · 3⤊ 0⤋
Some interesting answers here - in essence pretty well all correct, both legally and morally,
However I am forced to write as so far nobody has discussed "Contributory Negligence".
The fact is that in all probability BOTH parties were partly to blame and the biggest problem facing the court is to how much to "split" down the NEGLIGENCE involved in the incident, and thereby make financial judgement accordingly.
Please note I use the word "incident" not accident because in law all things are caused either by "mans" negligence or by act of God - there is no such thing as a "accident" all things have a CAUSE.
The other factor to considder is "Duty of Care"
Do you have a Duty to other road user's (which of course you do) and the child (reduced due to being a minor) have a duty to act properly when utilising the public highway.
One could even bring in the child's parents here as to did they exercise the correct and proper "parental responsibility" in letting there child "roam" freely on what must have been a very busy public highway. So all of a sudden we now have not two parties but THREE for the court to asses where the blame lays .
And you thought Judges just sat up there and "slept" all day!
2007-04-01 07:10:50 · answer #2 · answered by howard g 2 · 2⤊ 0⤋
she has the right to file a claim, and i give her 2-1 odd's she'll get at least half of what she's asking.
u were going too fast while doing a lane split; if traffic is barely moving, 20 mph is still almost considered to be double the speed of traffic, and in the states, u'd be tagged for reckless operation at the very least. 20 mph under the limit is moot....u were obviously going in between lanes of traffic, and at this speed, u can seriously hurt someone.
whether or not the cops said u were at fault, to do a lane split, u need to exercise due care in what is going on around u....and sorry, but i feel that u were going too fast in between 2 lanes of cars on a busy highway. even the highway patrol motor officers wouldnt break 15 mph in this scenerio.
prepare for higher insurance rates. i feel she has a valid claim, and i have a feeling she's going to wind up getting a judgement to her asking, or possibly even more than what she was originally going for. i'd advise u to work on ur panic stops, because u should have easily been able to get the bike stopped dead at this speed. wheather the cops cited u or not, the girl had full right of way. i suggest u perfect the art of panic stops....approximently 25 feet at 20 mph. good thing a cager didnt decide to open a door on u, or u'd be in a world of hurt.
she's gonna win this claim bud. next time u'll be at a much lower speed when u do a lane split.
2007-04-01 06:45:41 · answer #3 · answered by ghost rider 2 · 2⤊ 0⤋
If the other traffic is stationary it is a bit reckless to do 20 mph. The 40mph speed limit is for moving traffic conditions. A fast walking pace is what you should have been doing. I'm sure it is equally her fault, but you could have alleviated the problem by being a bit more careful and thoughtful. I reckon you have a problem, but at least you've still got all your head which she hasn't.
2007-04-04 09:00:45 · answer #4 · answered by henwilv 3 · 0⤊ 0⤋
Whether it goes to trial or ends with a settlement is anybodies guess from what little we know of your accident.. I take it from your statement (couldn't find a question,) that you are in the U.K. In the U.S. regardless of if a person is in the wrong by not using a crosswalk, they have absolute right of way. The girl did use poor judgment but your actions of darting through slow or stopped traffic is juvenile at best. Did you stop to think that the traffic was coming to a stop because of a girl trying to make her way across the road? The money does in fact come out your pocket and every other insureds pockets by way of increased rates on insurance. Just curious, did you ever visit this girl while she was in the hospital?
2007-04-01 03:07:19 · answer #5 · answered by ? 5 · 2⤊ 1⤋
you hit her didn't you? well accept it, you may not have been in the wrong... but you certainly weren't right, you make her sound like a scrounging git but from the sound of her injuries she deserves some settlement, i ride bikes and have lost an eye so i see both sides... if you're gonna filter to have to go slow and assume an accident will happen coz it's something only us bikers are fully aware of, car drivers and pedestrians only see it happen they dont know what to expect when doing it... you shouldn't get penalised too heavily but you should man up to the fact that you destroyed someones everyday life... with those injuries she'll be lucky to get accepted for employment even if she is capable....
2007-04-01 01:53:04 · answer #6 · answered by ffaddie 2 · 2⤊ 1⤋
If you are saying she was a pedestrian and ran across the road in front of you, its her fault.
She can of course raise a claim (probably american, as they claim for everything, their fault or not) but that doesn't mean she will win anything - especially without police support on her side.
As your insurance company are taking the matter to court, You could ask them to file a counter claim on your behalf for loss and damage to the bike, and your distress etc.
Good luck mate.
2007-04-03 22:12:15 · answer #7 · answered by Anonymous · 1⤊ 1⤋
obviously she did not look before moving. it can go either way the mainthing is your ok its normally the biker who looks where his going that comes of worse this time its the muppet in the car. she could be done for undue care and she has also failed to observe before moving and she has caused the hazard as she moved into your line of travel.
counter sue. if she looked where she was going then she would not have got hurt.
HEY CAR DRIVERS USE YOUR F**CKING MIRRORS AND BLIND SPOTS!
2007-04-01 17:50:12 · answer #8 · answered by gixer rider 2 · 1⤊ 1⤋
Remember your attitude if you make a mistake on your bike and another driver doesn't avoid contact.
2007-04-01 09:15:19 · answer #9 · answered by Anonymous · 1⤊ 0⤋
Sorry mate but if you were her wouldn't you try and claim it? Come on! You really would wouldn't you!!
It's not coming out of your pocket, the insurance will pay.
They aren't minor injury's are they. I'm surprised it was that bad from 20mph i really am, that's shocking! Read the way you described that. You're being quite selfish and playing down what she went through. Man that's bad!
I'm not for one second saying you were in the wrong, i wasn't there, but Ive not met one biker that doesn't play fast n loose with lives, you tent to assume drivers always see u darting between lanes, n coming up beside them, and as soon as you get a free bit of road you're doin double the limit on that road.
Yet again, I'm not saying you personally. I hate bikes, look at what happened to the girl you hit, that's awful, i hope she gets every penny!
2007-04-01 01:44:53 · answer #10 · answered by L*D 2 · 0⤊ 8⤋