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Old 01-15-2013, 11:43 PM   #39
slartidbartfast
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Joined: Dec 2003
Location: Southern Louisiana or Southern England or ...
Oddometer: 4,791
Quote:
Originally Posted by DiamondDan View Post
I guess their position would be that the bike will stop quicker on its wheels than sliding, so if you slid and didn't hit him, then you could have stopped under control and not hit him...
They guy WAS wrong for turning left across a motorcyclist's path. His action contributed to the cause of the crash and would have earned him a "failure to yield" (or something like that) ticket if a cop had seen it. However, the OP lost control and crashed, when he SHOULD have been able to perform a quick stop. He might have also received a ticket for "failure to maintain control" had a cop witnessed the incident.

In this instance, as pointed out by another poster, the OP is only asking for part of the resulting cost. That seems reasonable as the car driver was partly to blame and the courts would probably see if that way. I imagine State Farm could be persuaded along the same lines although if the driver has any sense and is not impecunious, he will try to persuade State Farm that the incident never happened and just pay up from his own pocket - probably too late for that now.

To the OP: Think about how you could have made yourself more visible - not by brighter lights and colors but by where and how you ride, lane position, following distance, etc.; Practice your braking in a controlled environment; Keep wearing your safety gear; Oh yeah... and practice your braking - a lot!
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Summer 2008 UK End-to-End ride
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