I was headed east bound on 135th street in Overland Park, KS at about 50 mph (posted speed limit is 45 mph) on my shiny new SV1000S. My brother was in front of me on a 600rr. He was in the left turn lane, sitting, waiting for a green light. I was one lane over to the right. I checked my mirrors to change lanes, put my signal on, slowed down from 50mph to maybe 20-25mph and and got rear ended by a silver hyundai accent. It all happened so quickly. I got up off the pavement and thought "this didn't just happen!" The grossly overweight lady gets out of the car, cigarette in hand, and says "oh god, are you..." To be very quickly interrupted by my brother, yelling profanities and nearly assulting her. I was still in shock, but I knew I was ok physically. I was wearing: boots, riding pants, jacket, gloves, helmet. My elbow and my ass are bruised up pretty good, but thats it. I'm pretty sure my bike is totalled, it isn't rideable. Both exhaust pipes are rashed and bent at the headers. My right clip-on broke off. Right peg, broke off, right mirror snapped off. Gas tank rashed. Front fairing rashed. Tail rashed on both sides. Both wheels rashed. Right frame slider rashed. My brother saw the whole thing. He was sitting at the stop light to the left, and turned his head back, looking for me. There were no independant witnesses, and the police said my brother doesn't count as a valid witness because he's my brother! WTF! There were no citations! I need a lawyer. My ass hurts. I'll post pics tomorrow.
Ride safe guys.
tyler
**edit** here's pics of the scene of the accident, my bike, and me after several xrays on my back and neck this afternoon.
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Man that SUCKS. I'm glad to here your ok and WTF is right so he is your brother so what he is still a witness.
I don't know about the laws where you are but in the state of VA ANY TIME a driver rear ends another driver it is The driver that rear ender's fault. Get a lawyer, go to court and don't say that you weren't injured because something might come up in the next few days that you don't feel right now. Just because no one was ticketed doesn't mean that you have no rights to compensation. The insurance companies still have to decide who's fault it was. I hope that you recover well and wish you the best of luck man, cause this just sucks.
-Nate
Edited cause i fat fingered and important letter, rear ended's is now rear ender's.
Glad you're mostly ok.
Even if she wasn't cited by the cop, the insurance companies will determine liability and if you executed your lane change correctly I would bet you will be 0% liable.
If your lane change was questionable though the liability may be disputed. Were you lane changing coming to a stop? Did you see her? How many feet away from the stop were you? How long did you signal? How long after the lane change did she hit you?
Go to the doctor if you have any injuries. You need records and if she's liable you should get at least a nominal medical injury settlement, which helps take a little of the pain and bitterness away. And will pay for maybe a new helmet, gear, underpants, etc. :cheers:
So many people don't ever realize that they are alive. People who don't see this are blind to others lives.
You know I'd be willing to bet she was more worried about potential problems for her than your wellbeing.
If she had any decency she would have INSISTED that the police officer at least make a record of what had happened. (If you were a bastard with a good lawyer it may very well have saved her ass.)
Best wishes, and hope you, and your bike are 100% soon.
Quote from: 97gs500e on January 10, 2007, 09:43:49 PMThere were no independant witnesses, and the police said my brother doesn't count as a valid witness because he's my brother! WTF! There were no citations! I need a lawyer.
Glad you're OK. I hope you at least got a police report filed. Insurance companies usually ask for that, and it would help you if you had a record on paper that she rear ended you.
Keep us posted!
courts dont consider family to be reliable witnesses because they think family (and friends) will side with you. A third party wouldnt favor one or the other in their statements.
sucks for you. glad you're not seriously injured. sucks about the bike. In Cal, its almost always the rear ending drivers fault, but not always. Good luck getting this resolved.
Glad you're OK. The bike can be replaced, YOU cannot be replaced.
Glad your ok!
Go to a doctor asap!!!! Even if you feel ok!
I don't know your age, but as you get older that little ache you had when your 18 gets worse and worse... Don't play around or feel sorry for this b&t@h! You could be dead!!! She's the one who's lucky!!!!
glad your ok
What intersection on 135th? My parents live at 135th and Metcalf. I can't really see myself ever riding a motorcycle in that area. Ignorant assholes.
Glad you're okay. It will all work out and your bike will get fixed.
-Turd.
Quote from: natedawg120 on January 10, 2007, 10:08:48 PM
I don't know about the laws where you are but in the state of VA ANY TIME a driver rear ends another driver it is The driver that rear ended's fault. -Nate
+1 Its the same here in PA.. If someone is not following far enough behind you to avoid hitting you its their fault.. even if you come to a dead panic stop :thumb:
Good luck.. Glad you made it out OK.. Imagine that fat beast runnin ya over :icon_mrgreen:
+1 in Massachusetts
This totally sucks. Glad you got up from this. +1 on going to see the doctor. You should be checked out one way or the other, and you need your injuries documented. Don't be a stoic; be honest, and list everything that's hurting (this is no time to be a manly man and say that you feel fine when you're hurtin from top to bottom). Keep us updated on how this goes, and feel better quickly. :kiss3:
Dude, that is brutal. I don't practice is Kansas, but I can give you a referal if you think you need to use an attorney. In MO, the liability would pretty much be presumed when someone gets rear-ended. No matter what you say, if you rear end somebody, you failed to maintain proper distance, slacken speed, swerve, or otherwise avoid running into something right in front of you. The police report should show the area of her vehicle that was struck. If it is in the very front, you should have her dead bang. The adjusters will look at that. Did she have insurance? I know Missouri is a "financal responsiblity" state and you must have insurance. Don't know about Kansas.
Oh, jeez. Sorry to hear that. Hope you feel better.
Getting rear-ended sucks.... I figured that one out as I was flying though the air and looked down and saw that I was about six feet above the SUV that was in front of me...
Some people say it hurts worse the next day, for me it was the second day after the accident. I was really banged up and it ended the season early for me.
As far as the insuance thing goes you shouldn't have any problem with her company accepting liability for the accident. They might ask you a couple questions and put a little spin on it and try to scare you a little but there shouldn't be any problem.
You've got a few choices of where to go from here as far as getting things settled.
damn, sorry about the bike. glad you're ok though. bikes are replaceable, life and limbs aren't.
Just looking at those pics make my body ache...
I'm glad you're "ok".
I'm also glad the *MY* rear-end-incident was better... could have been MUCH worse.
So.... how much for the bike?
I kid, I kid; good to hear you're alright.
I went out tonight and measured the tire marks. I got about 59 feet from beginning to end/scrapes in the pavement from my exhaust. I got some xrays done today, they turned out ok, but I am really feeling it in my left arm, ass, left hip, back, and neck. I didn't sleep at all last night, the situation kept replaying in my head. Is it weird that I was terrified of other cars on the road when I was driving tonight? I'm thinkin about taking a couple months break from riding motorcycles..
You probably have PTSD about cars now... not nice but not unnatural either!
And for the neck and back soreness, document everything, with medical records if possible. Your doctors bills should be covered on this one and they will eventually make an offer for bills plus. If you care about this aspect of it, a lawyer might be in order, accident lawyers work on "contingency fee agreements", taking 33-40% generally of the payout. Not trying to get you to make a quick buck, but don't shrug it off either. An attorney will know best what is a fair settlement. Good luck and hope you get better...
Say you are taking pain klillers every day and can't ride the bike anymore due to fear and are not sleeping well.
I was knocked off my bike about 18 months ago. The woman in the car was more worried about being late for work than about me. I wish that I had made a bigger deal out of my injuries. It was her attitude that pissed me off more than anything and that she tried to put the blame on me.
Good to see you are not too badly hurt but don't tell the doctors this. :thumb:
After I got rear-ended I went out and bought another bike before things were straightened out with the insurance company. As for taking a break, well I really had to. I was too messed up to ride and it was almost the end of the season anyway. Had to stare at the gsxr in the grarage all winter. Come spring I was ready to roll, just a little more observent about people behind me... lol
Quote from: fettcols on January 12, 2007, 12:02:32 AM
After I got rear-ended I went out and bought another bike before things were straightened out with the insurance company. As for taking a break, well I really had to. I was too messed up to ride and it was almost the end of the season anyway. Had to stare at the gsxr in the grarage all winter. Come spring I was ready to roll, just a little more observent about people behind me... lol
+1 to being more observant to the asshats behind you.
Quote from: 97gs500e on January 11, 2007, 10:55:01 PM
I went out tonight and measured the tire marks. I got about 59 feet from beginning to end/scrapes in the pavement from my exhaust. I got some xrays done today, they turned out ok, but I am really feeling it in my left arm, ass, left hip, back, and neck. I didn't sleep at all last night, the situation kept replaying in my head. Is it weird that I was terrified of other cars on the road when I was driving tonight? I'm thinkin about taking a couple months break from riding motorcycles..
After I hit a deer on my bike (and spent some time in the hospital), I felt really uncomfortable driving at night. I don't want to give the classic "rub some dirt on it" solution", but the only way I was able to cope was by facing my fear. Fear is a personal thing, though, so deal with it however you feel is best: just try to be as brave (within reason) as you can.
I took almost a year off before I started riding after my wreck, but the itch came back. It was along time before I stopping dreaming about it, or replaying the scene in my head when I closed my eyes at night. But it will pass. Right now enjoy life, and heal back up to 100%. Then get your money back plus some extra for some pain and suffering. Then go buy yourself something pretty :cheers: :thumb:
yup yup take some time off if that what you think you need .. i cracked my skull back in 01 racing dirt bikes . i was doing it every weekend and traveling all over Texas to race i was getting ready to try for the GNCC rounds (for those that don't know its races that take place all of her USA) and this all happened right around 9-11 and i was out of it ..i spent 3 days in ICU then they sent me home .. i pretty much had no idea what was going on . 9-11 still just don't seem real . i know it happened but ...... i knew i had to get back out there when the doc. said it was ok and thats just what i did i jumped back out there and had at it ! best choice i could have made . so i guess what I'm trying to say is . take a break heal up take care of your bike and your bills then when you feel its time to get back out there then do it . don't try and think about the stuff that could happen . just ride as if you had never got hit . i know its easyer said then done....
See a doctor and document every thing!
feel better.... but if i remember correctly, you have a pretty girlfriend to take care of you, so milk that TLC buddy! :thumb:
I'm thinking your insurance company should handle the issues regarding a lawyer. Unless you have really limited coverage, they would benefit by getting the perp's insurance to pay.
Im glad your OK. +1 on claiming against her or taking her to court its her fault she hit you from behind. It sucks your brother can't be a witness but you have good pictures to prove she hit the back of your bike with the front of her car therefore she must have rear ended you.
The plastics saved really well on the bike im suprised (only small rash) shame about the exhausts because they are the real expensive bit and possible the clip on. If you were thinking of getting it repaired all being she pays out in the end i would possible look into getting the frame checked out for how streight it is. Judging by whats happened to that bracket the exhaust has pushed into i would worry that it mite have bent the subframe slightly. Not convinced though.
I have hit a badger and 2 or 3 rabbits on my bike at night (i do alot of riding after 10pm) and now im paranoid. I havn't fallen off yet but im suprised the badger was huge and i went right over the centre of it. They always come out on the same stretch of road and i must crawl along it now to prevent hitting anything. Scary stuff. Night time riding just isnt good on a bike. You can't see enough or brake quickly enough to avoid most creatures lurking on the road.
I just got a call from Olathe Suzuki, and the estimate for the bike is "Over $7,000" That's it. It's totalled.
One word suits this situation
ghey
That sux... I'm sorry that they'll total it!
Glad your not totalled!!!!!!!!
So.. it's totalled... and that's bad? Now you don't need to worry about a bent frame or other problems. Now you don't have to go through the headache of repairing/having repairs done. Now you get to go pick out a BRAND NEW BIKE.
And that's bad? Anyway, hope all is well.
i'd rather have a questionable bike totalled, than ride a repaired totalled bike
no matter how much i love my bike, my saftey first.
i hope all turns out well :cheers:
Man that really sucks about your bike but great that you are okay. I hope things work out alright. I don't know about Kansas, but usually it is the fault of the person who rear-ends, not the rear-endee.
Laura
I scanned through pretty quickly, but are those her tire marks? Cause if they are they are really long, which means she was going way too fast. Anyway, just to add to the discussion, in GA unless you have proof of a 'swoop and stop' all rear endings are the followers fault. Honestly, if you get a replacement for your bike and your initial medical bills covered by her insurance you'll be doing good. Going to court is a huge headache, especially when you have things to do like school or work. Not to mention the fact that she is a grossly obese woman who drives a Hyundai accent. So unless I'm way off, she is not very financially sound, so even if you sued her for everything she has you'd probably get a cupboard full of junk food and a silver Hyundai Accent. Glad you're OK, though. I know that without my bike I'd go crazy, but I'd still have a pulse, and you can always get another bike. Good luck :cheers:
Quote from: oppy00 on January 17, 2007, 04:31:35 PM
I scanned through pretty quickly, but are those her tire marks? Cause if they are they are really long, which means she was going way too fast. Anyway, just to add to the discussion, in GA unless you have proof of a 'swoop and stop' all rear endings are the followers fault. Honestly, if you get a replacement for your bike and your initial medical bills covered by her insurance you'll be doing good. Going to court is a huge headache, especially when you have things to do like school or work. Not to mention the fact that she is a grossly obese woman who drives a Hyundai accent. So unless I'm way off, she is not very financially sound, so even if you sued her for everything she has you'd probably get a cupboard full of junk food and a silver Hyundai Accent. Glad you're OK, though. I know that without my bike I'd go crazy, but I'd still have a pulse, and you can always get another bike. Good luck :cheers:
As I recall, most people end up suing the insurance company for medical bills and "anguish." I'd say fight for what's yours, but don't overdo it.
Man I hate seeing this :bs:.
If someone hits a motorcycle with a car they should be placed on another motorcycle while the person they hit gets to hit them on the bike, smile then give the universal oops sign "that stupid goofey grin with both hands in the air shrugging while looking at you in their rear view mirror that we always get because stupid F*&%S like that are eating a GD donut while talking on the phone and reading the paper at the same time playing with the radio, putting on lipstick then find the time to take a nap at 70MPH swerving side to side on the highway and the only reason they say in the lane is due to cruise control and the side warning bumps that let truckers know they are asleep." I'm tired of this $H!T.
If someone hits a motorcycle and runs, if they are caught, they should be shot. No questions asked.
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