They Killed my ST-1300

gunsmoker said:
This guy was part of a two vehicle group: his wife was following closely behind him.

I suspect he was either using his phone to talk with her (perhaps even video conference/FaceTime) or he was looking at her driving through his mirrors and not watching the road in front of him.

That's just a guess --I didn't see the guy and his wife until a minute after the crash when I came to on the ground and they were both standing over me.
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If it gets serious enough, you should be able to subpoena his phone records to see if he was on the phone near the time of the crash.
 
Yeah, but his version of the accident still puts all the responsibility on him, clearly negligent. And a violation of the traffic laws about following another vehicle too closely.

He says he saw the motorcycle ahead of him slowing down for a red light, he says just before the motorcycle would've stopped the light turned green, so the motorcycle started accelerating, and then he says he ran the motorcycle over.
Pretty clear as to liability!
 
gunsmoker said:
Yeah, but his version of the accident still puts all the responsibility on him, clearly negligent. And a violation of the traffic laws about following another vehicle too closely.

He says he saw the motorcycle ahead of him slowing down for a red light, he says just before the motorcycle would've stopped the light turned green, so the motorcycle started accelerating, and then he says he ran the motorcycle over.
Pretty clear as to liability!
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Well, Obviously you were in his way and didn't move fast enough for him to avoid hitting you! :redface-2x:

Kind of like the guy that hit me, back in 2019. The lane next to him was clear and the motorcycle just happened to be there when I decided to change lanes! :mad-2x:
 
You just Hate extra lights with untucked wiring don't you Larry?? LoL.
All my factory lighting worked great and both of my extra rear bike-mounted tail lights were working too. Yeah I want the whole world to know that!!!.

I took most of my Added lights back from the bike yesterday when I visited it at the wrecking yard. And my USB phone charger, & my phone holder.
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Igofar said:
Since you have a lawyer involved, you should probably stop posting stuff on social media, and tampering with evidence and viewing video tapes, or their attorney could use any or all of your comments and statements against you at trial.
Comments about your jury rigged brake light lever and such etc.
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Actually, my viewing videotapes so that I can later vouch for their authenticity and correctness is the best and possibly the only practical way to get a video of the accident introduced as evidence otherwise you have to have a "chain of custody" on the digital file for every minute that file existed from its creation until the morning of court.

You otherwise could subpoena a tech expert from the security company that set up the camera system and the computer company that developed the software to program the video system's computers.
These techies need to tesify to vouch that the system is accurate.

BETTER PLSN: have somebody like me who was there* who can watch the video and say "yep, that's how I remember it happening!"

It's called "laying the foundation for evidence", Larry. That is a firm requirement for its admission into evidence.

Now, telling the world about the extent of my injuries is discoverable, and would limit my ability to lie and greatly exaggerate those injuries as to how I felt then or how I was or wasn't disabled at the time I made these statements on social media.

But you know what, Larry?
I wasn't planning on lying anyway.
The truth is the truth.


* Well, the best witness would be a neutral and detached observer who didn't get their head smashed during the incident ---but there are no such humans available. Nobody like that was at the intersection at the time.
 
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Consider two scenarios:
1-- A guy slams into an idling tractor trailer truck that only has the DOT minimum federally required lighting. All of it works.
At-fault driver says "I didn't see the truck or I didn't see it well enough."

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Scenario 2:

A driver slams into an idling big rig truck whose owner has added a bunch of extra lighting to it, but the truck owner admits a couple of those extra lights were burned out or had bad grounds and were not actually lit that night.
SEE PIC ILLUSTRATING THIS.

still, the vehicle is lit up much better than factory standard.

Is a possible defense for the at-fault Driver found in the fact that not all of the extra added lighting was working correctly?


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Are you gonna tell the driver of the second truck, the conventional configuration Peterbilt, to not tell anybody that he modified his vehicle regarding the lighting system? Hope the other side's lawyers never find out ...Because that would be used against him in court?
 
gunsmoker said:
Yeah, I did look behind me for the first several seconds I sat at that intersection but I don't think I looked behind me for the next few seconds as that truck approached. I think the light had just turned from red to green and I was beginning to let the clutch out to go forward when I got hit --that means the guy came up on me from the rear while my brake light was on nearly all of the time that he was closing the distance and my bike also had two extra red tail lights that I installed earlier this year, and both of them were on and working at the time!

Plus I was wearing a red helmet with 3M reflective safety tape on it, and wearing a red safety vest criss-crossed with reflective stripes.

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That last pic was taken earlier on Sunday when I was participating in a Christmas toy run. Same gear that I was wearing later that night when I got hit.
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Glad YOU made it.
Your gear and visibility preps remind me of a quote from a jr high teacher....when he realized I rode bikes....
You can be riding along, stark naked, standing on the seat, on fire from head to toe and shouting the 'Yellow Rose of Texas' through a bull horn and some genius will run over you.
Actually he said a$$hole but I wanted to sound a bit civil this morning.
 
But jury’s are not about what you think, or think you know, they are about 12 people that may not know anything at all about motorcycles, and what would they think when the other side points out this jury rigged mess of wires?
Just saying.
It’s not what is right or wrong, it’s what you can prove or convince the jury of.
 

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If you were to ride around in Germany with that mess of cables, they'd impound your moped immediately and you wouldn't be allowed to ride it another mile if you were stopped by the police.

It makes my hair stand on end when I see something like that; it's pure incompetence.

holm from Germany
 
Glad you are not seriously hurt. You can always find another bike. Glad you were on something sturdy instead of a scooter or moped or bicycle.
 
Uncle Phil said:
It's a little tough to watch your mirrors as you are pulling away from a traffic light watching for hazards in front of you ... ;)
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This. It's tough to see everything everywhere all at once. Even then it's not like everyone has Steve Austin's reflexes and speed.
 
gunsmoker said:
Pretty clear as to liability!
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That's clear regardless of what version he tells. But admitting to seeing you regardless of traffic lights paints him pretty negligent. "The light turned green and I gunned it – he was moving too slow" is no defense. Under the circumstances of the crash I doubt a ticket or criminal charge of negligent related operation would make much if any difference to a civil action or the insurance company. Well maybe if your insurance company tried to lowball a settlement.

It would be interesting to see what law enforcement does. Me being something of a cynic I believe the guy was definitely distracted. Looking in the mirror or maybe on the phone or writing some poetry for the Missus. But I don't have a lot of faith he'll get more than a ticket if he wasn't DUI/DWI/Drink/Drug driving.

Joeywhat said:
Didn't know we had so many attornies on this forum 🙄
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A lot of us have had experience in several aspects of a crash and can offer some personal insights. I don't see anyone claiming to be an attorney or offering professional advice or calling themselves a certified authority. Everyone is free to express an opinion. Hopefully they're at least reasoned if not correct for gunsmoker's State. If anyone has some certifiable knowledge those of us in error welcome edification. Those who just what to mock can kindly ____-___. :D
 
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