BIKER DOWN 3 (Me!!!)

[furry]

Cheers Sprocket m8, Im happy taking him though the legal route though

I don't know how old he is, but he wasn't no spring chicken, I think back in the days when he did his car test, they prolly wasn't taught to look, but since then there have been Ad's on the TV from the Think Campain so he should have been more aware!

I know Clunk m8, I always ride defensively to make the safeist and quickist progress possiable...

Sadly this was one of those cases where all things just went wrong at the wrong time, and worst of all, the time I had to respond to the problem was instant, there was nothing more I could do

If he had only of looked like he should of done, all this would have been avioded, but worst of all from my point of view, it's the way he just tuned on his indicator and straight away turned, didn't give me any time to respond, if he had only indicated a bit earlier before turning, I would have had enough time to react and none of this would have happened, in his haste to get home quick, he allmost killed me, and thats where he went wrong!

If everyone just took their time to think and look, I'm sure most accidents would be avioded, I planed ahead before overtaking, based on all the current conditions, and the ones I predicted along the way, but I had no way of knowing he would just indicate and pull out straight away across me like that, I had no chance

Anyway stay safe my fellow fluffy chums, been to the hospitial today, weather outside not nice, got to go back in two weeks for an Ultrasound and CT scan on my wrist, so looks like it will be at least 2 weeks before I can ride again! bugger!

[c0xy_2003]

feel bad 4 u man, i was knockede off my honda a couple of years ago, at slo speed tho, the driver was a dumbas who didnt have insurance and i'm still waitin for my claim to be completed!!! slow as shite....... date of accident oct 2002!!. anyway rest up mate u'll be ok and hope ure knees and shit r good in the end.

[jason]

bad news.

Indicating does not give him the right to pull across you - he legally owes you a duty of care and should still check to see if there is anyone else mid overtaking manouvre behind him - putting his indicator on does not exempt him from looking out for other road users. I bet the insurance try and say it was 50/50 though.

Although being in the right doesnt help stop you from crashing in the first place...dont overtake near right hand junctions. Dont do it ever. Very very bad habit.

[furry]

Highway code rule 155...

Turning right

Well before you turn right you should use your mirrors to make sure you know the position and movement of traffic behind you

give a right-turn signal

take up a position just left of the middle of the road or in the space marked for traffic turning right leave room for other vehicles to pass on the left, if possible.

Highway code rule 156...

Wait until there is a safe gap between you and any oncoming vehicle. Watch out for cyclists, motorcyclists and pedestrians. Check your mirrors and blind spot again to make sure you are not being overtaken, then make the turn. Do not cut the corner. Take great care when turning into a main road; you will need to watch for traffic in both directions and wait for a safe gap.
Remember: Mirrors - Signal - Manoeuvre


He didn't do any of that, no way am I going to let him off with 50/50.

As I said, I know overtaking near junctions as a biker is not the smartest thing to do, but it was a dead end side street, visability was good, I was in the middle of the oncomming lane, I could be easyly seen with full Beams on.

All he had to do was follow the highway code, and there would have been no problems, I would have slowed down and pulled back in.


Last time something like this happened to me, about 4 yrs ago, it ended up being a 50/50 as 1. I was filtering and 2. No witnesses.

This time I wasn't filtering (which is a grey area in law) I was in the middle of the oncomming lane, my actions were blatent, and I have an eye witness, so I'm going to make sure he doens't get off with it, otherwise he will think it's ok to do it to anonther road user!

My knees are still stiff, scabs healing up, wrist is pretty much the same though

Usual Stiff neck and shoulders, funny thing with my knees off, my clothing wasn't riped or scuffed in any way, yet I still managed to get 3 nasty big scabs on my knees from abraision inside the jeans

Anyway should get it all sorted soon fingers crossed, police still not got back to me with his Registration, so will have to send the old man for a drive over to his place to find it out, then get the paperwork rolling

[BluBird]

Furry why weren't you wearing full leathers ? surely its not worth the risk is it ? would have helped your knee's a bit !?

[furry]

My leathers are a two piece, brought as a present about 2 yrs ago...

But even now the leather bottoms still too restrictive behind the knees, so changing gears lots and having to put ya feet down as you do when your round town is a real nightmare

So I stick to wearing them on longer jounreys... But I always wear the leather jacket it's saved me from further injuries!

But I am getting sick and tired of idiots not looking and causing me to come off... There's only so much as a biker you can do...

so when I hopefully get a payout first thing I will do is get some custom wun-off leather bottoms made just for me before It happens again and I end up not being able to walk

It's natural to always land on your hands and knees, I always wear armoured gloves, so it's only right I should give my knees the same courtisy

[boyscout]

Sorry Furry but I reckon you'll be lucky if you get away with 50/50 - particularly if you quote the Highway Code; he'll come straight back with Rule 143 - DO NOT overtake where you might come into conflict with other road users. For example
approaching or at a road junction on either side of the road
etc etc

[furry]

Rule 143...

DO NOT overtake where you might come into conflict with other road users.

For example

approaching or at a road junction on either side of the road
where the road narrows
when approaching a school crossing patrol
between the kerb and a bus or tram when it is at a stop
where traffic is queuing at junctions or road works
when you would force another vehicle to swerve or slow down
at a level crossing
when a vehicle is indicating right, even if you believe the signal should have been cancelled. Do not take a risk; wait for the signal to be cancelled.



Examples aside, look at the RULE?K

??DO NOT overtake where you might come into conflict with other road users??

I assessed before overtaking based on the other road users actions around me at the time (ie the two cars in front) and the fact there was no other traffic at the time, it was deemed safe to overtake?K

So I had checked everything necessary BEFORE performing my Manoeuvre.


Likewise, when he planned to turn into the side street, he should have done the same, he should have Indicated giving other road users enough time to understand his intentions, and before actually turning, he should have looked in both his side mirror and checked blind spots, the Highway code does not give that as an Example, it states that He has to do that!!!

Best of all, in that rule you quoted, the last example is the best, as if he had indicated long enough before turning (like he didn??t) I would have known something was amiss, and pulled back in.


It's common sense at the end of the day, and in the eyes of the law that is what matters in a case like this, he is def 100% in the wrong and the fact I've got a witness to prove he did EVERYTHING wrong will seal that.

Anyway thanks for bringing up that rule it's always good to get clarity on these things

[chris_1127]

you need to stop getting knocked off every couple of years and claiming, its what makes my insurance premium keep on going up...

whats the damage to the bike anyway? bad, i take it, if your sig says its written off?

[furry]

LOL not the bike premiums though

Funny thing is, damage to the bike is quite minor, but as the front fairing is damaged, and the bike is over 18 yrs old, they won't be able to get a replacement so will auto write the bike off

I'm TP though so I get to keep her, I'll fix her up and keep her she's more use to me as a working bike than ?G's in the pocket.


Anyway phoned up insurance, legal reps gonna call me back see what we can do as I got legal cover fingers crossed

[Jewell]

official warning.

Furry keep your posts under 5,000 letters please

[furry]

Yes miss, and I won't tell anyone that you been counting LOL