So, I got into a motorcycle accident Saturday, and I just want to know who is at fault. I was driving to work, going like 5-10 over the speed limit, keeping up with traffic. I change to the right lane because there was a line of cars behind and in front of me in the left lane. Then this lady cuts me off and slows to turn, I hit my brakes without locking out the front break and couldn't stop so I pulled to the side between her and the curb to avoid smashing into her back or going towards oncoming traffic. I hit her mirror it knocks me off my bike and i go flying and slide 50ft down the street. Now the lady is saying she seen me driving crazy, weaving in and out of traffic and that she has a witness (probably the passanger) My defence to this is, If this was the story and if i was driving crazy, and shit, Why did you cut me off?
Bottom line, her insurance company is investigating all this shit. I just wanted to get your opinions. (no citations were issued.)
[highlight](User was banned for this post ("Not a proper debate topic" - Megafan))[/highlight]
You were going over the speed limit, there would of been no accident if you had not been speeding.
[QUOTE=asrele;38652153]So, I got into a motorcycle accident Saturday, and I just want to know who is at fault. I was driving to work, [b]going like 5-10 over the speed limit[/b], keeping up with traffic. I change to the right lane because there was a line of cars behind and in front of me in the left lane. Then this lady cuts me off and slows to turn, I hit my brakes without locking out the front break and couldn't stop so I pulled to the side between her and the curb to avoid smashing into her back or going towards oncoming traffic. I hit her mirror it knocks me off my bike and i go flying and slide 50ft down the street. Now the lady is saying she seen me driving crazy, weaving in and out of traffic and that she has a witness (probably the passanger) My defence to this is, If this was the story and if i was driving crazy, and shit, Why did you cut me off?
Bottom line, her insurance company is investigating all this shit. I just wanted to get your opinions. (no citations were issued.)[/QUOTE]
You drove too fast, couldn't break, hit her car and went flying. What do you think.
I could say i was going the speed limit, my odometer is actually a bit off, and i wasn't passing any cars.
Why do you want to know, anyways? Either her insurance company pays if they find her at fault, or yours pays if they find you at fault.
Still your fault for having a fucked odometer which would stop you from driving your vehicle in the UK under MOT. How can you not determine if you were going 10 miles faster than you were supposed to?
If they cut in front of me, they were also speeding.
How?
She was driving a car ahead of me, and i was next to the car to the left of me, going roughly the same speed as it.
[QUOTE=asrele;38652459]She was driving a car ahead of me, and i was next to the car to the left of me, going roughly the same speed as it.[/QUOTE]
Still shouldn't have been speeding, doesn't matter if she did it as well.
[editline]30th November 2012[/editline]
You didn't crash into her because she was speeding, you crashed into her because you were speeding. If anything you're lucky that she was speeding or you'd have crashed into her even harder.
So:
- You speeding
- You change lane
- Lady cuts you off
- Lady was however apparently in front of you
- Lady was also speeding (though going the same speed as you) despite you mentioning she was driving slowly
I'm a bit lost here.
[QUOTE=Vasili;38652518]So:
- You speeding
- You change lane
- Lady cuts you off
- Lady was however apparently in front of you
- Lady was also speeding (though going the same speed as you) despite you mentioning she was driving slowly
I'm a bit lost here.[/QUOTE]
After she changed lanes, she braked to turn.
[QUOTE=asrele;38652528]After she changed lanes, she braked to turn.[/QUOTE]
Did she have her light on?
nope
[editline]30th November 2012[/editline]
I didn't even see her break light.
Then you're both at fault. How come your own insurance company isn't investigating?
yeah sounds like you both fucked up
To be fully honest I do believe that this will end up as your fault. As best that both of you were at fault. Which is an angle I'd try to push for, unless you manage to get a number of witnesses of your own, or perhaps a CCTV or something like that.
The essentially biggest problem is, that this is not a court case, but insurance check up. And as such, the woman doesn't essentially to proove you did what she says you did, but she merely needs to be able to make you unable to proove you didn't.
In a court case she would have to be able to prove her allegations sufficiently.
As such I would really recommend you to push for a group fault, were both you and her were at fault. You due to somewhat unsafe speed (that still maintained traffic parity) and her for cutting off suddenly in front of you and slowing down in an unsafe manner.
The benefit here is, that the insurance payout gets split.
That said, if you can proove that her breaklights were not working before hand, you could pull out fully. But if they did and you just didn't see them, that's worse for you.
[QUOTE=wraithcat;38652600]To be fully honest I do believe that this will end up as your fault. As best that both of you were at fault. Which is an angle I'd try to push for, unless you manage to get a number of witnesses of your own, or perhaps a CCTV or something like that.
The essentially biggest problem is, that this is not a court case, but insurance check up. And as such, the woman doesn't essentially to proove you did what she says you did, but she merely needs to be able to make you unable to proove you didn't.
In a court case she would have to be able to prove her allegations sufficiently.
As such I would really recommend you to push for a group fault, were both you and her were at fault. You due to somewhat unsafe speed (that still maintained traffic parity) and her for cutting off suddenly in front of you and slowing down in an unsafe manner.
The benefit here is, that the insurance payout gets split.
That said, if you can proove that her breaklights were not working before hand, you could pull out fully. But if they did and you just didn't see them, that's worse for you.[/QUOTE]
The only thing I hit on her car was her mirror. I think my body hit it, or my head, cause they were in a jeep, and that's the only damage to it. meanwhile my bike slid like 60 70 feet down the street breaking the rear break lever off the frame, turn light, and bending my handle bar. Rest of the damage is all the Fearing.
The amount of damage done mean squat when dealing with fault.
This could be considered a rear-end collision, as you hit her mirror from behind her, and those are almost always the fault of the rear-ender, though some places have laws against cutting people off. It seems like fault is shared, especially if she didn't signal.
It depends on your state laws, but to me it sounds like you're both a little bit at fault. You were going a little bit too fast, and she probably failed to yeild to you either on purpose or because she didn't pay attention.
Motorcycles really seem to get the worst of it, I feel you man. While you were going over the speed limit, I think it's fair to say that keeping with the flow of traffic is equally important. Further, if she merged in front of you while you were going that fast, wouldn't she have been doing the same speed? I was taught to always signal your intent to merge several seconds before you actually merge, and not to merge when there is a car coming up quickly. I'd say you're both at fault, you for speeding a little, but mostly her for failing to merge properly. That can get really ugly, really fast. However, as I ride as well, it may be that I'm biased to favor the bike.
If she "cut you off", that would mean she pulled out and ended up too close to you. That means she didn't check her side mirrors before pulling out, which is her fault if she's going at the same speed as you. What you should have done is slow down to give enough room, but then you could argue you didn't have enough time before she started slowing down to make the turn
Tricky one, but I'd say you have a chance
It doesn't *sound* like your fault, but you still technically hit her, so her insurance is going to side with her. They're awful companies like that.
Experience: I sideswiped a guy in my car when I was forced out of my lane on the highway, I was still charged even though the other guy said he saw the guy cut me off.
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