[arothamel6360]

I had yesterday off and decided to go for a short ride near my house because the weather was so nice. Needless to say, things were going great...until a fine Arizona resident in a Civic decided to turn left in front of of me. :huh

I was ahead of traffic, on my very visible red Kawasaki Zx6r. Hi-beam headlights on, not speeding, and not hidden by a tree or another car. Of course the driver, "didn't see me." He pulled out in front of me so I had to slam on my brakes and attempt to swerve away. I laid the bike down going about 35-40 and my helmet, jacket, and gloves did their job. I was lucky and dodged his car, the median, and a couple of light pulls that would have been the end of me. Got some nice road rash on my knees/hip, some bruises on my left leg, and a few bruised ribs but no other major damage

I'm still waiting to hear whether or not the bike was totaled, but I'm just curious about who is liable here?

In my mind it's obviously the other driver. He violated my right of way with his rolling stop and was ticketed for it. Though the police officer couldn't legally say who was at fault, he hinted as hard as he could that it sure as heck wasn't me.

The emergency room visit that followed was a nightmare and involved a group of moronic student interns taking eight hours to run four x-rays and clean my wounds. All in all I'm in good shape, but the first thought that went through my mind before I hit the ground was, "this guy better be insured." Next of course was, "My fiancé and her parents are gonna finish the job if I survive this."

Is anybody here enough of an expert on traffic law and insurance to give me an idea about the liability issue? I'll provide any other details needed and I'd just like to be prepared when the adjuster calls tomorrow.

 

[spooph]

You'd be best off locating a local Lawyer for your legal specific questions... Not sure if Law Tigers are in your state, but they claim they're the motorcyclist's lawyer....

Answering your question: "who's at fault" from a social perspective, not a legal one, I would say you are. Not trying to be a dick here, but as a rider you can't afford to hide behind the regular automotive frame of thought, nor the laws, nor anything else. You have to assume 100% responsibility for your safety out there. That means anticipating, predicting, and compensating for the idiots out there. I wouldn't say this if I didn't subscribe to it myself. I'm "run off the road" almost once a week. Been on the road for 7 years and have yet to have unintentional, consequential contact with a car.... I'm just saying, it's worked for me... Maybe you should take an MSF road-safety course - where the instructor takes you out on the road and such. Also, you're gonna get the whole ear-full form your fiance and parents and stuff, so, that's not my place, and I'm trying my best to not be a part of THEM, since I know what you'll be going through.

However, regardless of whether you hate me after this response, I'm very happy that the gear did it's job, and that hopefully you'll be able to continue riding! I've heard MANY stories and rumors that AZ drivers are horrible, and lots of moto accidents happen there, so, I'M NOT BLAMING YOU, I hope you understand that.

Keep us updated on the progress of the situation please.

 

[Fry1024]

The best thing you can do is get a lawyer and let him/her deal w/ the insurance companies. The lawyer, if decent, will make sure you're still covered if, what looks to be a minor bruise now, turns out to something worse.

 

[cburgess594]

Better decide to take a lawyer, they know all about the insurance company tricks

 

[Treysum]

I was in an accident almost identical to this. The other car was a civic as well! The only difference was I was going 15-20mph so I wasn't beat up is much as you are. I walked away with a few inches of road rash. Long story short, I got a little over 2,000 in insurance money. The other driver violated your right of way. There is almost no way you could be held at fault unless you were driving in a wreckless manner. Just don't be afraid to ride again. I know I was a little hesitant to get back on the road again even though my wreck wasn't major. Still shook me up a bit.

 

[Treysum]

I also wanted to add that I disagree with the "social perspective" that it was your fault. I do agree that us riders must constantly know what's going on around us but even that knowledge can't prevent all accidents. I saw the vehicle that hit me way before they pulled out and I was prepared for them to just that but a motorcycle can only stop so fast even if you are prepared. There comes a point when people either don't see you or they think they can get across the road quick enough and they are wrong. Not all accidents can be avoided by paying attention and having good observance skills. That's for certain. You were not responsible for that wreck in any "perspective". Good luck with the insurance.

 

[spooph]

respect.

 

[NefRider]

Let us know how thing pan out- we are rooting for ya!

:Sent via the NewNinja iPhone App:

 

[KChmil]

Here in manitoba canada insurance is run by the government, so lawyers are all taken care of, so that part I can't advise you. But if you have to dump your bike for your own safety due to someone else cutting you off/ pulling infront of you I am quite sure they are at fault.