posted
Here is a diagram of the accident on Mother's Day this year to my 98 SS which I fixed for $800.00 damage and sold two weeks later.. read the story in case you don't remember it.. and let me know if you think it was my fault or not.. obviously STUPID judgement for me to race at all.. but you wont hurt my feelings if you think it was my fault.. or both of our fault.. I would love to hear your thoughts..
STORYLINE: Liberty, MO - Mother's Day 2000
I was driving down the street when I passed a 2000 Hiyabusa Speed Bike (1300cc).. very quick.. I switch lanes, and hang a right onto a low traffic street.. I notice he turns quickly behind me.. 2 car lengths back.. up ahead is some windy nearly 90 degree turns.. I navigate through them in 1st gear.. ready to hit the gas upon hitting a straightaway which goes about 1/4 mile with no intersections....
I round the corner and BAMO.. nail the gas through first, second.. as I look up in my rear I see the motorcycle hauling ass behind me.. as I get further up.. I notice I'm doing about 60-70mph and decide to call off my race.. he is still a ways back because he had to slow WAY down for the turn and I had a huge head start.. I knew his bike was extremely fast... I slowed down because I wasn't about to blow through an intersection at 70+mph.. so I slowed down.. and as you see in the diagram the driver decided to NOT slow down and blow by me on the LEFT (this is a one lane on each side with no dividers.. similar to a residential street.. he decided to blow by me on the left and pass me.. (this is what I found out later).. I turned my blinker on.. and proceeded to make a left.. having no idea he was going to pass on the left.. he saw me turning.. and of course knew the collision was coming.. started to try to miss my bumper while braking.. and nearly missed me, but hit my rear bumper as I completed the turn (picture 4) throwing him and the passenger about 10 feet.. no injuries.. he had slowed from 80mph to about 15mph upon impact.. his bike was royally screwed but him and his wife sustained little to no road rash (wearing shorts) and thats it.. both had helmets..
He apologized and said it was his fault.. I apologized and said I shouldnt have been racing.. let alone a motorcycle..
We both escaped death possibilities.. the court through it out since we both had attorneys and the judge said since we both paid for our own vehicles before the trial.. that he would simply fine us 120 total each with nothing on our records.. WHEW.. we were facing a careless/imprudent driving ticket..
...
So my question is.. many people have said to me that it was my fault because "you never make turns when racing a motorcyle".. this whole thing just bugs me.. I know it was bad judgement.. and haven't had a race with a motorcycle since.. but what do you think?
------------------ J.R. Mayer 2000 Camaro SS #7493 of 8912
AOL IM: JRMayer2000SS
Modifications: GTRotors & GTPads
[This message has been edited by JRMayer2000SS (edited 22 December 2000).]
Posts: 596 | From: Kansas City | Registered: Aug 2000
| IP: Logged
posted
F.Y.I. in Ontario we have a fault chart for settling auto accidents. The chart would show you 75% at fault and him 25%.
Of course, the real senario always plays out different than a diagram or chart. i.e. if you had signalled way before the turn and he had the chance to slow and not try to overtake you, or maybe he was already passing, then you signalled to turn and he had no escape. In any event here it would be 75 - 25.
posted
I think the motorcycle was at fault for trying to pass so close to an intersection. If it was marked as a no passing zone....well, then the motorcycle was definitely wrong. I am so leery around motorcycles. Many of them act invincible and think that because they have a fast bike, they can out maneuver a car. WRONG......There's a lot more sheet metal and plastic protecting the driver of a car. When I'm on a bike, I am paranoid that a driver of a car won't see me and hit me.... As a motorcyle rider, I remember that when in a car and pay extra attention to the maneuvers of someone on one. Yes, it's wrong to race, but if you signaled and the guy on the bike still tried to pass you, he's the one at fault there....especially stupid for him to endanger his passenger.
posted
As you were ahead of him, his obligation was to watch for you. He hit you, you didn't hit him. He was racing you, not vice versa. Also, he was in a no passing zone, even if not marked. (May need to read the local ordinances covering that). Did either one of you admit to speeding? If so, you're automatically guilty of that and whatever you admotted to. Why were you in court in the first palce? Did an officer observe anything? Were there skid marks that were measured? What was the weather and visibility? Were there any witnesses?
Posts: 1163 | From: Rochester Hills, Mi | Registered: Feb 2000
| IP: Logged
posted
Wow Jeff, can I use you as a lawyer if I ever need one?? I would have to agree on you assessment. The bike was trying pass in a no passing zone at an intersection. JR, I don't condone racing on the street at all but if you were irresponsible in this case, the guy on the bike was just plain stupid! I wouldn't blame you.
Posts: 5946 | From: Litchfield, NH, USA | Registered: Feb 2000
| IP: Logged
posted
Hi, I'm new to the forum but you asked for feedback, so here goes. First, as a former motorcycle roadracer I can tell you that the guy on the bike with his wife is an idiot for jepordizing his wife for his ego. No one in a car (any car) should be foolish enough to race a motorcycle with hp to weight ratio three to four times that of almost any car. You are not at fault for his stupidity at passing you on the left approaching an intersection. You are at fault for racing him in the first place, pick on some one like a poor Cobra or something. Just my 2¢. Buy the way, I am an OR nurse and have to fix the broken bodies of many donnercycle victims. I don't need the work, let them kill themselves.
Stu
------------------ Just Ordered: 01 Sunset Orange SS with, T-Tops, Neutral Leather, ASR, Hurst 6spd, Center Outlet Exhaust.
Posts: 260 | From: Coral Springs, Florida | Registered: Dec 2000
| IP: Logged
posted
1. it is illegal to pass at an intersection. 2. if you had your signal on, before the turn, indicating a left turn, it is the person behinds fault trying to pass. 3. any one who rear ends someone, it is there fault! they were going to fast, or were not paying attention to the car ahead of them slowing or Stopping.
Posts: 56 | From: south milwaukee, WI, milw | Registered: Feb 2000
| IP: Logged
posted
If the two of you had agreed to a race, I would say it was your fault. You don't turn in front of your opponent. That would not be acceptable if you were both in cars and certainly not with one racer being a bike rider. Further, there would be no way for him to know that you "decided to call off the race." However, if you were both just driving down the road, he would clearly be in the wrong. An agreement to race could be a verbal thing or just a nod of the head at a stop light. From your story, I cannot tell if there was an agreement to race. But to me, that would determine who is at fault.
Posts: 87 | From: Ft Worth, Texas | Registered: Dec 2000
| IP: Logged
posted
As racing on a public street is not legal, a binding contract, verbal or written, cannot be enforceable. Therefore, even if an agreement to race was made, it cannot be enforceable and the fault goes to Mr. Motorcycle for reason cited above.
Posts: 1163 | From: Rochester Hills, Mi | Registered: Feb 2000
| IP: Logged
posted
LOL.. those diagrams remind me of a few Atari games from the past! If it was a no passing zone then it is his fault. You are both at fault for the unauthorized contest of parallel speed, but it was because of his neglagence that he hit you. And that's the bottom line! Cause SS RRR said so! Let this be a lesson to you. Rice rockets are like cockroaches. They are hard to see, can fit into compact spaces and move quickly in any direction. If you ever are involved in a race w/ a bike or are surrounded by a group of bikes the best thing to do is stay in your lane as long as possible while they fandangle their way around you.
------------------ 96 SS #597 M6 60' 1.70 on BFG drag radials 12.12 @ 114.2mph
Posts: 190 | From: South Riding, VA | Registered: Sep 2000
| IP: Logged
quote:any one who rear ends someone, it is there fault! they were going to fast, or were not paying attention to the car ahead of them slowing or Stopping
That can be debated. Semis have a certain grace. It has never happened to me, but if the lane I am in is open while the lane next to me has traffic and some dillweed decides to pull out right in front of me w/ no time to stop then I cannot imagine it being my fault.... especially if the weather is bad.
Posts: 190 | From: South Riding, VA | Registered: Sep 2000
| IP: Logged
Printer-friendly view of this topic
