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.

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. 

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

Good luck.. Glad you made it out OK.. Imagine that fat beast runnin ya over 

+1 in Massachusetts

Quote from: Turd Ferguson on January 11, 2007, 07:50:16 AM
What intersection on 135th?

135th and Antioch

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.

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.