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Fangs wrote:My brother has the biggest phobia of following too close to another car, knowing him he was a good 3 car lengths behind the car in front of him at least. I might go grab a picture of the intersection later today, but it's a relatively narrow road. I don't think he'd try squeezing past a car, but I also don't think he'd have had enough room if he wanted to.

The wreck happened at 9pm, so it was dark. His headlight comes on automatically when the key turns in the ignition.

The lady hit him on the front left with the front center of her car, squishing him underneath her suburban. He had to have her back up so that he could get out.

It really helps to hear that I'm not not crazy for thinking that this isn't right. Looks like we're going to take the lawyer road.

Oh, and it's not that his insurance won't pay out. He has full coverage and they are more than willing to pay. For some reason (maybe because it's only a $3,000 bike? Idk) they aren't willing to contest him being blamed for it.

I agree with the MSF Course, and I took it at the recommendation of a friend, and my brother took it at my recommendation. His class was less than a year ago, since then he's put over 20,000 miles on his little bike with no problems until now.

Oh, the lady didn't have a stop sign RPB, she was in the oncoming traffic lane of the main road. Sorry if I didn't make this clear. The stop signs in the picture are for the side street that the other car and the lady was turning onto.

AHHHH, in that case, she FTYROW-LEFT TURN (I misundertood direction of travel.)

HIs insurer shouldn't need to pay, hers should.
99% of the time, it's WAY best to talk to a lawyer BEFORE giving insurers recorded statements .... It's cheaper for you because often adjusters won't give ;lawyers transcripts or copies of what you stated, until suit is filed and they are obtained through Discovery pocess. (costing you more)

Also, adjusters sometimes do not inform you that you can get a rental or loss of use money up until a vehicle is declared a total loss, or until it is repaired if repairable ... if it's totalled, you won't get that rental nor loss of use money generally, but sometimes they'll give it up until they issue a check, and with reasoning that yo can't drive the check itself, sometimes another few days in order to locate and purchase a replacement.

Almost ALL adjusters will "try" to assign "some" percentage of fault upon the one not at fault .... just a "negotiating ploy" It's harder to argue with 49.3% at fault versus 7.4% or 0.00003% of fault than it is to say "It shouldn't cost $xxx to replace it/repair it." if there is proof of market value and estimates.

Point is, she was WAY over 51% at fault, period..... and they can't prove he was any at fault at all for not having lumenescent paint and bright glowing flashing disco lights and loud blaring sounds on his motorcycle, (which would be illegal).


http://www.statutes.legis.state.tx.us/D ... TN.545.htm" onclick="window.open(this.href);return false;
Sec. 545.101. TURNING AT INTERSECTION. (a) To make a right turn at an intersection, an operator shall make both the approach and the turn as closely as practicable to the right-hand curb or edge of the roadway.
(b) To make a left turn at an intersection, an operator shall:

(1) approach the intersection in the extreme left-hand lane lawfully available to a vehicle moving in the direction of the vehicle; and

(2) after entering the intersection, turn left, leaving the intersection so as to arrive in a lane lawfully available to traffic moving in the direction of the vehicle on the roadway being entered.

c) On a street or roadway designated for two-way traffic, the operator turning left shall, to the extent practicable, turn in the portion of the intersection to the left of the center of the intersection.


Sec. 545.103. SAFELY TURNING. An operator may not turn the vehicle to enter a private road or driveway, otherwise turn the vehicle from a direct course, or move right or left on a roadway unless movement can be made safely.

Sec. 545.152. VEHICLE TURNING LEFT. To turn left at an intersection or into an alley or private road or driveway, an operator shall yield the right-of-way to a vehicle that is approaching from the opposite direction and that is in the intersection or in such proximity to the intersection as to be an immediate hazard.

Glad your brother is ok.

The person continuting on the road that they have been traveling on has the right of way, turning across a road is an automatic yield. But then again cars are supposed to yield to people coming off the highway but rarely do...

The most important thing is that your brother is ok. So many times these accidents end in fatalities so count your blessings that Someone was watching out for him. The only question I would have is, was his bike street legal? A Honda 250 should be, but if it was not fully legal as far as lights, mirrors, turn signals, and so on, the officer might validate the "did not see him" claim and put the fault on the rider. That would be the only situation where I could understand that argument. Anyway, I am glad everyone is ok.

MoJo wrote:Thank the Lord your brother is OK it could have been so much worse. From your drawing and description the woman who hit your brother should have gotten the ticket. Fight the ticket he may need an attorney.

I agree get an attorney.

Are you sure your brother is OK? Sometimes back and neck problems show up later. He might want to get two attorneys. One for the traffic ticket and one for his "injuries".

It might make her a little more careful and give the insurance companies something to think about, like treating people fairly. A few bucks to buy a better bike wouldn’t hurt either.

karder wrote:The most important thing is that your brother is ok. So many times these accidents end in fatalities so count your blessings that Someone was watching out for him. The only question I would have is, was his bike street legal? A Honda 250 should be, but if it was not fully legal as far as lights, mirrors, turn signals, and so on, the officer might validate the "did not see him" claim and put the fault on the rider. That would be the only situation where I could understand that argument. Anyway, I am glad everyone is ok.

A Honda Rebel is a street legal motorcycle so he should have no problem there.

Hehe on the "sure he's ok". I see your point, but we weren't taught to tell half truths.

The motorcycle was 100% street legal, the only modifications were after market saddle bags.

He called his insurance and was told it wouldn't raise his rate at all. Then I pushed him to push them a little more, and it turns out it won't raise his rates til he renews his policy, at which point it will add an extra $220 per MONTH.

Definitely lawyering up, will let you guys know how it turns out.

Just out of curiousity, what insurance company is it? I have a good idea what company but want to confirm.

Fangs wrote:Hehe on the "sure he's ok". I see your point, but we weren't taught to tell half truths.

The motorcycle was 100% street legal, the only modifications were after market saddle bags.

He called his insurance and was told it wouldn't raise his rate at all. Then I pushed him to push them a little more, and it turns out it won't raise his rates til he renews his policy, at which point it will add an extra $220 per MONTH.

Definitely lawyering up, will let you guys know how it turns out.

An insurance company lawyer at the trial of an injury case asked the injured person:
"Isn't it true that you told the policeman at the scene that you were perfectly fine after the accident?"

Plaintiff : "Yes with an explanation"

Defense lawyer: "That's a YES or NO answer ... What do you mean with an explanation?"

Plaintiff: "Well, I was riding my horse along the grassy area beside the interstate when the Defendant's car swerved off the road at a high rate of speed and collided into me and my horse, sending us into the ditches beside the road. The officer hollered at me from the ditch my horse was in and informed me that my horse had two broken legs, seconds later, I heard a gunshot. The officer then came over to me and told me he had put my horse out of it's pain by shooting it in the head.
Then he asked "How are you?"

people just don't watch for bikers of any type

You have to ride a bike like everybody else is out to run into you. Only then will you stay alive.

shortysboy09 wrote:Just out of curiousity, what insurance company is it? I have a good idea what company but want to confirm.

I have a hunch it is Farmers: but there could be more than 1, (can't put the word* I want here) *bad, insurance company out there making tons of money off people faithfully making their premium payments then not want to do their job and protect/fight for the folks they insure/make a fortune off of.

Insurance companies!!!
I should talk about my motorcycle accidents, but my experience with insurance companies is more poignant.

While home on leave, my father gave me one of his cars. He took took me to his State Farm Agent's office
to get the required Texas state liability. When we left the agent's office, I had about 30 days coverage with
instructions to contact State Farm near Fort Lewis (south of Seattle Washington). (The state of Washington
also requires auto liability insurance.) When I met with them, and they found out that I was in the Army,
I was informed that State Farm did not cover USArmy soldiers. At the time, I was only a pfc.

It gets funnier...

State Farm sent me a bill for the 2nd month. And then, when I did not pay it, they contacted my company
commander. I had to explain to my company commander that State Farm does not cover USArmy soldiers.
He left scratching his head.
Hoot

It's Nationwide. I've always had excellent experiences with their staff and services when I had my bikes, but then again, I never wrecked either. So I guess my experiences with their services are limited to me paying them each month.