GStwin.com GS500 Message Forum

So I crashed on Monday... didn't post it here cuz I've been kinda out of it on pain meds and stuff, and just out of it in general due to a concussion.

I was heading to work, traveling the way I usually go, heading down a one way street in the far left of three lanes all heading north. I come up on an intersection on a green light, scan left to right, see a car to my right which is starting to turn right onto the street I'm on. I figure that the car is turning into the centre lane, since that was the first available lane (the right curb lane had construction in it)... how wrong I was, she went right across three lanes and the next thing I know she's right in front of me.

(http://www.meighan.com/images/intersection2b.gif)

Now I had three options, 1) brake and continue straight, impacting with the car and probably being hurt quite badly. 2) brake and swerve to the right, which would place me in the path of rush hour traffic in the centre lane of a busy street. 3) brake and swerve to the left trying to sneak past the car.

I decided to try to swerve to the left, but I ended up clipping the curb and the bike flipped up onto the side walk and landed on it's right. I was thrown and twisted, landing on my left side, snapping my neck back and hitting my head.

I did have full gear on this time (unlike last time when I had on the jeans and got nasty road rash..) so I didn't get any road rash.

As soon as I crashed I jumped up and started telling off the driver of the car, she had stopped which was good of her. Someone called 911 and the paramedics arrived, they strapped me to a back board and put a collar on me. They started poking at me and asking if I had any weird sensations in my hands, I told them that the index finger and middle finger on my right hand felt like they had pins and needles. I was transported to the hospital, had x-rays taken, nothing broken... I have a concussion, bad whiplash and possible nerve damage (that explains the fingers).

The shitty thing is I might be considered "at fault" or partially at fault for this crash... even though I had the right of way, and the driver of the car did something really stupid. Because her car was fine, it's hard to prove what happened, there were 3 witnesses that came up to me at the scene before the paramedics came and gave me their name and numbers, so it's up to the insurance company now. When she first stopped she said it was her fault, and she said sorry, blah blah blah... but when the insurance claim adjuster called her today she decided to dispute my claim, so she's decided to lie about it.

That's one thing I really hate about British Columbia, Canada, we only have one insurance company that everyone uses, and more and more and more they are functioning like a money making corporation and not serving the interests of it's clients. So, anyway, since I don't have collision coverage, if I am found at fault then I'm screwed, no bike and no money for it. I'm only covered if the other driver is found at fault.

I've gotten a lawyer, and I think that's going to help.. we'll see how it all pans out.

I'm fairly sure the bike's a write off... it hit pretty hard. I was taken off to hospital before I could inspect it :(

:x   :x   :x

I'm glad you're at least feeling well enough to create such a cool diagram.  :thumb:

Best of luck with your health, and with the legal fight.

glad to hear nothing is broken and your gear did it's job!

sorry to hear about the accident in a whole. i've had a couple of close calls from other drivers not yeilding the right of way to me when they should.

have you had the chance to inspect the bike any since the accident?

keep us updated, and i hope things work out for the best for you!

chris<pixelmonkey>:D

Quote from: Kerry:x   :x   :x

I'm glad you're at least feeling well enough to create such a cool diagram.  :thumb:

Best of luck with your health, and with the legal fight.

Heh, well I've been off work all week, and so I had lots of time to prepare my statement for the insurance company which I submitted today. My lawyer said "sketching out the intersection always helps" so I did that diagram and when I showed it to him he looked at it, looked at me, looked at it again, and then looked at me and said "... so, I take it you're a very detail oriented person?" lol.

meighan, meighan, meighan...

So sorry to hear about another accident. Good thing you were wearing gear this time! ;)

Couple of things-
First, while I dont think you are at fault, even partially, you could probably have prevented this from happening by assuming the worse (that the car would go wide into your lane) when you spotted it. Especially true given you saw the cosntruction in the far right lane.  Always assume the worse. That way you're more prepared. Hppefully you have already realized your contributing error of judgement and can use this experience to learn from.

Secondly, the insurance co's in BC sound like all the companies in the US...They will always dispute a claim and make it difficult for you to get a payout. They will always say you were partially at fault (for a multitude of reasons, usually speeding as a contributing factor).

Third, I've found that in this kind of instance, having not made actual contact with the other car makes it difficult to prove their fault or even involvement sometimes. I've learned the hard way that if in that kind of instance some sort of actual crashing together is necessary to ensure that all parties are interested in sorting it out. This is true for car-car and bicycle-car accidents I have been in or nearly in.

Dont take this the wrong way. I'm just trying to help make this a positive learning experience. I'm glad you made it through okay. Good luck with the insurance.

Quote from: pantablo
Third, I've found that in this kind of instance, having not made actual contact with the other car makes it difficult to prove their fault or even involvement sometimes. I've learned the hard way that if in that kind of instance some sort of actual crashing together is necessary to ensure that all parties are interested in sorting it out. This is true for car-car and bicycle-car accidents I have been in or nearly in.

Yeah I know, that's why I said I could be found at fault or partially at fault. Like I've been saying to my friends lately "next time I'll just hit the car instead of avoiding, if I live I'll cash out big time on the ICBC lottery".

Hopefully the witnesses saw everything and can speak for me and help the fault be placed on the other party... they all approached me I didn't ask anyone, so that's always a good sign.

The police also did attend the scene and there's a police report, which helps my case a bit.

Sorry to hear about your accident :(
I wish you speedy recovery and best of luck getting the money from the insurance company.

sorry to hear about your crash megian.. atleast your alive and doing good.. and thank god you were wearing gear this time.

Accidents happen, we just recover and ride again :)

All I can say is, DANG!! Glad you're ok meighan!

People ALWAYS change their story after an accident, especially if they're at fault. It sounds like the lady decided to plead innocent until proven guilty. Smart move to get a lawyer. :thumb:

Not sure if the cops took pictures of the intersection or not, but they also really help, especially since its a construction zone and subject to change. If they didn't, try and get some photos of the intersection at the same time of day (showing traffic, construction, etc.), similar weather conditions (if its factored into the arguments), same traffic movement (car pulling into the lane), etc. I'm sure your attorney is aware of all of this...

Insurance adjustments and claims can take a while to process and by the time it goes to arbitration or court, the scene of the accident is totally different and can actually swing in favor of the other party.  

Just happy to hear you're ok...

Damn! Actually I was wondering where you are as I haven't seen you post past week. Sorry to hear you crashed, glad you're fine. I hope the insurance thing turns out okay, good luck with that.

Stick to your guns.  You are not at fault.  The thing about not making contact does not mean anything.  I was run off the road 2 years ago.  No contact was made and I crashed in soft dirt.  No witnesses but my 7 year old and the guys 10 year old.  My 7 year old was on the bike with me.  I did not take him to the hearing.  He took his 10 year old to the hearing and had him prepared to lie for him, but the judge did not ask the son to testify.  How sad is to get your 10 year old to lie for you?  Long story short, I won the case.  Diagrams help.  The judge looked at both sides and decided that my story was the more likely scenario.  He was kind enough to tell the guy in front of his son that he must be mistaken about the details.  One thing I have learned is that no one takes responsibility for their actions.  Good luck.  Glad to see that you are safe.

The most important part is that you were not seriously injured.

Not familiar with your laws, but here a turning vehicle is required to stay in the closest lane, as she did not. If her story is not the same between the cop and the insurance company, this can be a benefit for you.

Heal well.

goodness... you have the worst luck.  but think of it this way, you are building up good karma.  it all evens out in the end.

anyway, down here in the good ol' litigious U.S. of A., even if the other woman is not found at fault by the insurance company, we have plenty of ambulance chasers (a.k.a. scumsucking lawyers) that will happily help you sue her in civil court.  so you would still have some recourse.

Sorry to hear of your accident, and I hope you heal quickly.

Laura

I sure hate to read this Meg.  You have my prayers and well wishes.  I hope everything works out for you.  Hope you feel better, a cuncussion and whiplash is serious stuff.

ahh dang girl sorry to hear about your accident. Glad you were wearing full gear though :thumb:  hope you have a easy recovery and get the money from the insurance company. nice job with the graphic and keep us updated!

Dude be careful with the head for awhile! Sorry about the bike. Driving a car lawfully is a thing of the past it seems. At least you've got seven lives left, right?
:cheers:

Yea its sad to hear ... but good ... you had gear on, actually I have just started weraing gear again this year... I dress for the weather being a commuter... so all summer I am running with helmet and gloves (that always) not out comes jackets pants and maybe a decent pair of boots... anyway, good you are un hurt, and even better that she stopped... in a non contact accident... that I had in canada (toronto) the driver didn't stop, didn't even slow down. Yea they are either ass%^les at the moment, or ass%^les after they have calmed down...
Cool.
Srinath.

sorry to hear about that  glad to hear your ok though

Oh, Meighan, hope you feel better.

I'll echo what Pantablo said; being self-analytical is a good way towards becoming a better, safer rider. And, good thing you were wearing gear! I'd rather sweat than bleed.

You do have three witnesses.

Again, hope you feel better.

QuoteYea they are either ass%^les at the moment, or ass%^les after they have calmed down...
Cool.

Ain't that the truth. Interesting choice in profanity editing, by the way. :)

Laura

Hope you heal quick!  Love the diagram ;)

QuoteI'd rather sweat than bleed.

very well said scratch.  i think that's my new mantra, even though i won't be doing any more sweating while riding.  glad to hear you're ok meighan.  good luck dealing with that no good cager :bs:

I'm glad you're OK too. As others have said and I've said before, assume they are going to hit you if they can. Murphy's Law(anything that can go wrong, will go wrong). Make it as difficult for them(cages) to hit you as you can. I'd much prefer a puzzled look, dirty look, or obscene gesture as I slow down and glare at an inattentive cager poised to crash into me, as opposed to ignoring them and getting hit. I've given drivers the benefit of the doubt before, but never again.

Ouch!  :(  So sorry to hear of the crash, but glad you're OK.  Best of luck with the settlement.

Unfortunately, guessing that any given person in or on a vehicle is going to do the stupidest and most dangerous thing possible in any given scenario is often a farily accurate way to go...

:x  Man, did she claim to not see you or did she think she had room?  Hopefully someone else heard her taking blame for it, that should help.  Unless they find that you were going to fast for the conditions, I can't see how they can pin it on you.  But, then again, I don't know anything about Canadian traffic laws.  Anyway, good luck with the fight.

Best wishes on a speedy recovery!

-Gavin

Christ, sorry to hear about that. :x All I can offer you is my sympathy. Be safe and keep your head on, we need you out there to represent! :thumb:

My broken ankle and shoulder sort of resonated with empathy when I read your "crash" post!  At least you can rail on about the idiot driver, all I can do is remind myself that (inattention x velocity) + gravity = PSE.

P = pain S = suffering E = embarassment

Take care.  Don't let the idiots get you down!

Gene

I mentioned a while back that my Dad was in an accident very similar to the one Meighan reported at the start of this thread.  (See this post (http://www.gstwins.com/forum/viewtopic.php?p=107626#107626).)

I finally talked to him last night.  He had been meaning to call me, he said, to get my opinion on his wreck.  The position of the truck driver's insurance company was so much like the one in Meighan's situation it was creepy.  They deem the damage to my Dad's bike to be his fault, saying that he applied the brakes too hard and caused the bike to fall over.  They took the same "no collision, no claim" stance (my made-up term).  My Dad said something like, "Let me get this straight.  The accident is my fault because I didn't hit the truck.  If I hadn't put the bike down I would have hit the truck.  You're saying that if I had hit the truck I could claim the damages?"

He didn't want to get a lawyer.  He was going to "let it go" (??) until they assigned total fault to him.  Now he has a lawyer after all.  And a witness.  Here we go...!

I wasn't there, so I can't say whether some panic stop practice sessions would have prevented the accident.  But I remember him saying that his ST1300 is the fastest-stopping bike he's ever owned.  Big, dual discs I believe.  Hmmmm.  Easy to skid, I'll wager.  But also very effective if you've practiced enough to find the maximum effective stopping effort.

I don't know which side to take regarding the wreck.  But I can definitely take sides with those who say "Practice, practice, practice!"

I know it's been said but that is one kick-ass diagram. Your lawyer will blow it up and use it as Exhibit A in your case. :thumb:
Didn't I ask you how many fingers :thumb: <----- the emoticon had last time or was that somebody else?? I can't remember. Anyway get well soon and we're all  glad you were wearing your gear. Road rash sux!

Meighan, your lawyer probably already told you this, but you've got it made in the shade.  8)

You'll win this case is because, simply put, she(I'm consciously refraining from name calling) turned into the wrong lane, period.  She cut you off.  Everyone knows it's illegal to cross a lane when turning, and most judges I know are pretty reasonable people, so if you remind them of this law sometime before they make their decision(is this a jury case?) they will be forced to accept that you did absolutely nothing wrong.  She made a premature and unsafe lane change, end of story.

BTW, this consultation was provided to you 100% non-gratis.   :mrgreen:

Concussion, ay?  Hope you don't get too much of a postconcussion syndrome.
If you need help repairing the bike, let us know.  I'll kick in a few bucks, I'm sure others will too.

Glad you weren't more seriously injured. What's up with the nerve damage? Fingers ok now? I've got nerve damage in my left hand/arm from an accident 9 years ago. That doesn't always heal (mine is about 80%), so get a doctor to document that in the event you need to sue for future medical costs or loss of mobility. Good luck.

Thank you everyone for your kind words and well wishes!! I really need it and appreciate it. :kiss:

Quote from: DomMeighan, your lawyer probably already told you this, but you've got it made in the shade.  8)

You'll win this case is because, simply put, she(I'm consciously refraining from name calling) turned into the wrong lane, period.  She cut you off.  Everyone knows it's illegal to cross a lane when turning, and most judges I know are pretty reasonable people, so if you remind them of this law sometime before they make their decision(is this a jury case?) they will be forced to accept that you did absolutely nothing wrong.  She made a premature and unsafe lane change, end of story.

BTW, this consultation was provided to you 100% non-gratis.   :mrgreen:

Yeah, the trouble at first was that she had changed her story. I don't think I mentioned this, but the cops came to the scene, and when I was in the ambulance this cop tried to interview me about what happened, but the paramedics told him to scram and talk to me later. So he went and talked to the woman who cut me off, and she told him a totally different story. He came to see me in the hospital later in the day, asked me what happened, I told him, and he said "Well that's not what she's saying now..." apparently she told him that she stopped at the light, turned right into the middle lane, and I just crashed for no reason so she stopped.

HA HA HA! Yaaa right dummy.

The cop told me that he believed me because he rides too and knows how people drive and don't look when they should, he also said that people often change their story when the police become involved because they don't want to get ticketed for dangerous driving.

So anyway I went into the insurance office to make my claim, and the claims adjuster called the woman and she decided to dispute my claim.

Thank GOD for the witnesses though.... without them it would be "she said / she said" and most likely they would find in her favour.

There were 3 witnesses, all who are very supportive of my side. My lawyer called them and interviewed them, they all agreed to have him do their official statements, so he took them over the phone and then FedEXd them to their houses to be signed then taken to the insurance company.

Their statements are great! The first guy was standing on the North East corner of the intersection, he saw her go speeding around the corner not stopping at the red light, almost running HIM over, then going across the 3 lanes, forcing me up onto the sidewalk. The other 2 people were standing together right where I crashed, they saw her come flying across the lanes without looking, now they say that I actually clipped the cars back tire, and that's why I flipped up over onto the sidewalk. Honestly I can't remember, I know I hit something, I thought it was the curb. They heard me ask the driver what she was doing, and they heard the driver say she was sorry, that it was her fault, and that she didn't see me.

SO FAT CHANCE LYING ABOUT IT! Stupid woman.

Quote from: KerryI mentioned a while back that my Dad was in an accident very similar to the one Meighan reported at the start of this thread.  (See this post.)

Sorry to hear about your dad Kerry, was he hurt???

Quote from: MichaelConcussion, ay?  Hope you don't get too much of a postconcussion syndrome.
If you need help repairing the bike, let us know.  I'll kick in a few bucks, I'm sure others will too.

What's postconcussion syndrome???  :o

... and it looks like I will be getting fully paid out for the bike (fingers crossed) so I'll be getting a new one for free. If you wanna throw money at me though you're more than welcome to help sponsor my racing next year ;)

Quote from: octaneGlad you weren't more seriously injured. What's up with the nerve damage? Fingers ok now? I've got nerve damage in my left hand/arm from an accident 9 years ago. That doesn't always heal (mine is about 80%), so get a doctor to document that in the event you need to sue for future medical costs or loss of mobility. Good luck.

My fingers still feel weird... the doctor says it may go away. I have to go for more brain scans next week though.. ugh and more xrays... honestly I think my doctor is being a little bit over the top with all these tests! But I guess he knows best. My head is still really hurting, I forgot to take pain pills before I went to bed last night and I woke up at 5am this morning in tears because it hurt so bad.

Yikes. Sorry your head is still hurting that badly.

Laura

Hang in there, Meighan!  :thumb:

Quote from: Meighan

Quote from: KerryI mentioned a while back that my Dad was in an accident very similar to the one Meighan reported at the start of this thread.  (See this post.)

Sorry to hear about your dad Kerry, was he hurt???

Not too badly.  The worst thing was that he tore some ligaments (or something) in one shoulder - the ones that hold the bone on top down.  He was told by both the emergency room doctor and his physician that surgery for this injury isn't usually very effective.  So he says he looks kinda funny with one shoulder poking up a little.  Apparently he can push the bone down easily, but it just springs back.  There's nothing to hold it down.

I hope that wasn't too graphic for anybody.  I don't think he's in pain; he didn't take much (if any?) pain medication, he was back on another of his bikes within a few days, and he drove down to Florida for the October bike week thingie in Daytona Beach...trailering the bike he had wrecked!  Could it be fixed already? :dunno:  I forgot to ask.

[quote="Meighan]What's postconcussion syndrome???  :o [/quote]

Concussion is basically your brain getting rattled around without obviously breaking any of it.  The nerves in your brain don't like being agitated so they go on strike for a while.  The harder the knock, the longer they're out of action.  Which parts of your brain get knocked about worst determine what symptoms and signs you get.
Concussion is usually mild and the brain is back to its usual level of function within a week or so.
Post-concussion syndrome is an entity where there is ongoing neurologic deficit in the absence of demonstrable brain damage.  I say "demonstrable" because its not something that a CT or MRI scan can show but neuropsychological testing does show problems.  Most people with it get recurrent headaches, difficulty with concentration and cognition, poor sleep, and so on.  It can last for months and in a worst case scenario may be permanent.  Usually only those who know you best would pick the difference between before and after the injury, but it can cause serious interruptions with your life.  If in doubt, get checked out.

Just an update for you guys...

I just got a call from my lawyer, the insurance company has decided that the crash was 100% not my fault, I will be getting my $4,000 cheque (http://www.gstwins.com/forum/viewtopic.php?t=13195) tomorrow!!

IT'S BIKE SHOPPING TIME, BABY!

As per my injuries... I'm still under observation, I saw my doctor last Wednesday and he said "so you're not riding yet are you?" and I told him I didn't have a bike yet, and he said "You won't be riding anytime soon will you?" and I said "well probably not since it's winter" and he said "good". Then the following day was a stat holiday so I had the day off work.. coincidently there was a track day. What did I do?? I spent the entire day out at the track ripping it up on my buddy's CBR. Ooops!! Don't tell my doctor ;)

OH AND I also got new leathers... !!!

Quote from: Meighan
OH AND I also got new leathers... !!!

Once again This thread is useless wihtout pics...
Cool.
Srinath.

Great ending to a crappy situation.   :thumb:

Quote from: seshadri_srinath

Quote from: Meighan
OH AND I also got new leathers... !!!

Once again This thread is useless wihtout pics...
Cool.
Srinath.

Heh, it's just the Teknic 2 piece lightning suit

OK Cheating once again ... but we forgve ya...
Its just the concussion talking right...
Cool.
Srinath.

I'd pull something crazy like speed up and switch lanes  :lol:
Meighan good luck with that and glad to hear your feeling better.
nice to see that your in van, coquitlam over here  :)  :)  :)