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Old 04-20-2006, 02:58 AM
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Motorcycle Accident

I was involved in a motorcycle accident where an older lady did a U turn in a very well posted no U turn intersection. When doing the illegal U turn, i guess she got scared and for some dumb reason decided to stop. My friend who was riding in front, hit her back door, handle bars went through the back door window, and he got thrown over the roof of her car and some how managed to land on his feet. I slammed on my brakes, and when I hit the thick, foot wide, painted line on the road(the line that shows where you are supposed to stop for an intersection) the bike slid out from under me and slid into my buddies bike and her car. When i came off my bike, somehow i ended up sliding behind it (thank God) and baseball slid into my bike, and actually stopped myself from sliding when i slid into my back tire. Im actually doing pretty good considering what happened, i was wearing a helmet, my thick long sleeve work shirt saved my arms from major road rash, although my left elbow has some road rash. My left foot somehow scraped on the peg when i got thrown off, and is pretty banged up (cut, bruised, sore) and my right big toe nail somehow got pulled up a little and hurts like crazy. When i ride, i put my wallet in my front right jeans pocket, right now i dont even want to look at my leg, if it looks as nasty as it feels, it probably has a giant black and blue bruise the size of my wallet. Im doing pretty good considering what happened. I met my wife and went to the hospital, got checked out and cleaned up, and about blacked out in the ER. The nurse thinks from the adrenaline rushes, and the fact that i hadnt eaten in awhile when the accident happened, my blood sugar level crashed causing me to about blackout and break out in a cold sweat. A few animal crackers and a soda got me feeling alot better and i was sent home at about midnight. I came home and got a couple hours of sleep and then woke up and couldnt fall back asleep (my mind is obviously racing right now). I guess the question i have for anyone reading this is what do i do now? Ill of course be calling my insurance company tomorrow and doing that whole bit, but should i contact an attorney of some sort? I am by no means wanting to get rich off of this, but i think i should at least be compensated for my lost time at my business. Because of her blatantly doing the illegal U turn, i am now going to miss probably at least a week of work, so i wont be making any money, but the bills obviously dont stop coming in when im layed up. So like i said, i think i should at least be compensated for my lost time at work. Except for my big toe and rolling over on my leg a couple times in bed, i dont have much pain, but im drugged up a bit. Any advice would be appreciated.

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Old 04-20-2006, 04:53 AM
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sounds like she caused the wreck, her ins should pay??did she get a ticket?
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Old 04-20-2006, 05:33 AM
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I sympathize with you, as my wife and I had a serious motorcycle accident in 2001 that almost killed both of us. At the very least you should consult a personal injury lawyer to get educated on what your rights are and aren't. Not so much that you are wanting to sue, just so you know what is legally due you.

As far as the injuries, over the next week you will no doubt have other bruises appear. I have about $15K of surgical stainless steel in my right forearm, shattered both bones and required three surgeries to finally get right. It hardly bothers me at all today, but I am aware of it.

We rode bikes together ever since we have been married, over 34 years ago and never had an accident. When I was in the emergency room the doctor asked if I was going to get back on a bike and I told him I didn't know at this point as we have been riding them for a long time with no problems. He responded by saying that there are two types of bike riders, those that have had accidents and those that WILL have an accident.

We are through with motorcycles and that is a part of our lives that is over with. People will say you can have an accident and get killed just as easy in a car, and that is certainly true. If you didn't have to ride bikes on the same road as idiot drivers in cars they would be great.

Take is easy and allow your body to heal itself, it will be a long process.

Vince
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Old 04-20-2006, 06:18 AM
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krist,
you need "Indiana" specific traffic laws (and insurance) answers, every state law for liability is worded/interpeted different depending on the applied traffic law

wife is a insurance company "arbitrations" Judge, has come across and told me about so many FL laws that are (to me) just plain whacko and wrong for who is at fault

hope ya mend well and fast
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Old 04-20-2006, 06:37 AM
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I am not one for promoting lawsuits, but I definately would retain council, JUST so her insurance company doesn't try to bust your chops. Do it fast, and they will want to immediately settle out of court.
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Old 04-20-2006, 08:37 AM
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In the instance of my wreck there were two claims, one medical and one property. I had to deal with two different adjusters. The medical settlement went well, cause they knew I was talking to an attorney. They paid up to the limits of her policy. The property settlement was a different story. The adjuster low balled the value of my Goldwing and the accessories I had put on it. Also low balled our helmets and clothing. Went back and forth with them over several weeks providing receipts, them figuring depreciation and so on. Finally talked to my lawyer about it and he advised me to settle with my insurance company and let them battle between the two. My insurer was Progressive and they paid off like gang busters. There was never any question about what my bike, accessories, or clothing was worth. An added bonus was I had PIP coverage (personal injury protection). Due to the fact her insurance was maxed out relative to the medical and I had had three operations on my arm, progresive paid me the limits of my PIP coverage .

Vince
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Old 04-20-2006, 09:33 AM
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Vince....every states traffic laws are different....so claims and suits are handled different

closest (whacko!) FL traffic law to krist's accident I can think of just to illustrate:

you are "safely" passing a truck on a broken line 2 lane highway....
car pulls onto the highway from a side road and you T bone him.....
"surprise".....FL traffic law says you are 100% "at fault" and HE can sue you...
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Old 04-20-2006, 09:51 AM
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Quote:
Originally Posted by red65mustang
Vince....every states traffic laws are different....so claims and suits are handled different

closest (whacko!) FL traffic law to krist's accident I can think of just to illustrate:

you are "safely" passing a truck on a broken line 2 lane highway....
car pulls onto the highway from a side road and you T bone him.....
"surprise".....FL traffic law says you are 100% "at fault" and HE can sue you...
That is insane, glad I live in the great state of Texas.

Vince
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Old 04-20-2006, 10:11 AM
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Sorry to hear about that..hope you heal soon and it seems there is some good advice given..

Take Care
Sam
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Old 04-20-2006, 10:16 AM
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Well I am glad to hear that you are okay as for as a trimmers worst nightmares are concerned. Hands and Wrists are intact as well as hips and knees. For that I would say a few thank you's to whatever is your divine preference.

As far as Lawyers and litigation decisions I would suggest you look into whether you have an ABATE group in the area. In Michigan we this group that helps us with Motorcycle use and corresponding Traffic Laws to work the system most effectively.

A few years ago when I was scrambled from a Bike by a wayward Grannie pulling in front of me from a side road and luckily found myself is a wet irrigation ditch and a FXR that ended up looking like a ball of tin foil. She didn't stop but they guy behind me followed her and got a plate thank the heavens.

They helped direct me to information that I provided to my insurance company to prove I was not only not at fault but was skilled enough to have prevented further insurance cost by the way I ejected myself from the bike and they settled cleanly with my damages.

Good luck and get well
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Old 04-20-2006, 11:00 AM
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Quote:
Originally Posted by red65mustang
Vince....every states traffic laws are different....so claims and suits are handled different

closest (whacko!) FL traffic law to krist's accident I can think of just to illustrate:

you are "safely" passing a truck on a broken line 2 lane highway....
car pulls onto the highway from a side road and you T bone him.....
"surprise".....FL traffic law says you are 100% "at fault" and HE can sue you...
The car pulling out into traffic has the right of way in relation to you becuase you are in the wrong lane. Even if it's legal to pass there. YOU are still in the wrong lane.
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Old 04-20-2006, 12:16 PM
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johnsongrass,
thanks for making me see a dumb error, not a T bone hit!

but it doesn't matter if you hit him front or rear....not really wrong lane......

it's basically: "you should have anticipated he might pull out therefore not safe to pass"
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Old 04-20-2006, 01:17 PM
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Shawn,

Call a couple of your friends that belong to a motor cycle group like HOG, or GWRRA. In Virginia we have an attorney that specializes and works with motorcyclists in accidents (his associates conduct lectures, like at my GWRRA meetings). He represents motorcyclists in Richmond (state capital) and helps promote bills and awareness.

Very glad your up walking with all fingers and toes! Hopefully you don't have too much small print protecting the insurance company. In Virginia, the bike insurance is only rated so much. The representatives recommend making sure the bike insurance is separate from a persons car insurance, and then make sure the auto coverage is at least $100,000 for accidents. That way, if there is a major accident involving support for the family and all, the car insurance can be bonded somehow with the bike insurance.

I would think a new bike of your choice is appropriate.

I hate those big white painted lines, worse than riding over grated bridges.

Dutch
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Old 04-20-2006, 05:08 PM
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Sorry to hear about your accident KristKustom. I feel for you. My wife had an illegal u-turn car accident when one did the same right in front of her in her Mustang. Luckily she didn't hit that idiot, but an older lady in a caddy nailed her in the rear. The wife ended up going to the hospital and was given meds for her pain, neck and back. That was over 2 years ago, and she is still in pain, still out of work due to the back pain and other complications, and wouldn't drive the Mustang, which I ended up selling. The day after the accident the lady that hit her called and threatened to sue my wife for stopping so fast in front of her! We ended up settling a lawyer and settled for an amount less than I feel she deserved, of which the lawyer got 1/3. Little compensation for her losses, continuous pain even now, and reduced quality of life since she earned more per hour as an RN than I currently earn. While I am not an advocate for lawyers, I do recommend you consult a lawyer for your pain and losses. If the lawyer doesn't collect, you don't pay. Get pictures of your injuries and your damages, including pictures of the other car and bike damaged. If any insurance company calls and asks you to answer questions and be recorded, refuse, until you seek counsel. He will tell you what to do. Keep track of your losses and a record of your pain. Seek proper medical care and follow-up. Keep good records of your actions, limitations, and pain and suffering. Unfortunately, the lawsuit process can be more of a pain than the accident itself. Good luck Buddy.
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Old 04-20-2006, 06:29 PM
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Maybe that helps a little.

The bike was a complete custom built bike. It actually didnt get much damage. New pipe needs to be made, new foot brake, and new hand lever for the front brake, i think the tranny got knocked out of alignement and needs to be realigned.
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