just had a near-miss

[DFW_Warrior]

You know, I hadn't noticed DFW_Warrior was a new member and just realized he heard about this thread on some other board and came here for the express purpose of this argument. He is upset that folks might have preconceptions about motorcycle riders, so comes and joins the homebrewtalk forums to fight those preconceptions. In the process he tells me I need to "go back to drinking [my] alcohol" and wonders what it suggests that the OP was leaving a liquor store.

Ironic, isn't it.

Rick

wow... you're a bright one alright. So it looks like you've finally figured out what I've been trying to imply the whole time. Congrats on your quick wit.

 

[CADFather]

Wow Bill, you weren't kidding this guy really is clueless about what he did wrong.

First an introduction, I am the CADFather, and I have dabbled in home brewing in the past, but as an alcoholic I have found it best not to brew anymore. I am however a motorcyclist who suffered a major crash September 18, 2006. The crash involved a "oblivi-tard" that was parked in the median of an interstate and needed to turn at the next exit. The "oblivi-tard" had stopped in the median (left shoulder) to check his map and see if he needed to take the next exit (right shoulder) as it turns out he did. So the "oblivi-tard" decides that he needs to make the turn and pulls back out into traffic, cutting across 5 lanes of traffic to get to the exit, only he doesn't make it any farther than the third lane. That is where we met one another.

I was travelling in the third lane of the interstate AT the posted speed limit on my 2002 Road Star Warrior, when I saw this "oblivi-tard" pull out from the median cutting across traffic. I immediately start processing my options (first mistake, I should have already had my options considered before getting in this position)

1. I could try to stop, not going to happen and even if it does the soccer mom in the van directly behind me would rear end me.

2. I could try to avoid the "oblivi-tard" by cutting in his direction of travel and hope to get around him and the 18 -wheeler directly to my right.

3. I could try to avoid the "oblivi-tard" by cutting opposite to his direction of travel and hopefully miss colliding with him.

I chose option #3, and as it turns out, the "oblivi-tard" was only running about 15 mph on his mad dash across the interstate during monday morning rush hour, I was running 55 mph according to the police reports and witnesses. I impacted the "oblivi-tard" from the rear and in the crash, suffered major head trauma, that resulted in my having a stroke, a distal femur and tibial plateau fracture of the right leg, the bones of my thumb on my left hand were broken in several places, several cracked ribs and 4 cracked vertebrae in my neck. I went into a coma when I got to the hospital which I was in for 15 days after I woke up I underwent several surgeries to repair the knee, and then the hand, and at some point suffered a stroke from the head trauma. The surgeons said that I was very lucky to have survived the first couple of nights, and that I would probably never walk again. I'm 41 years old, an avid outdoorsman, I hunt, fish, play paint-ball, re-enact the American Civil War or well used to do those things. I can walk but only with the use of a cane and can't get over broken ground very well, but I'm not in that wheelchair or on a walker and my orthopedic surgeon says he can't explain how.

Basically I wound up with a little over $1,500,000 in hospital bills and have to disclose that I've had a stroke on my medical records, will walk with a limp the rest of my life, and the "oblivi-tard"? Well he got cited with "reckless driving" which carries a $50.00 fine and 8 hours community service. That was his punishment and in the eyes of the law we're even. His excuse for pulling out into traffic when he went to court for the "Reckless Driving" charge "He didn't see me." When asked "Why, he didn't see me" by the judge, his answer was "'Cause he was speedin." The judge having already heard the testimony of the 4 witnesses and the 2 police officers told the "oblivi-tard," "Don't go there, you werent paying attention to what you were doing and caused this accident."

Well, in summary sir, I say to you in the same vein as the judge told the other "oblivi-tard" in my case, "Don't go there, you werent paying attention to what you were doing and caused this accident."

(This is a very true story and it did happen to me, here are some photos of the bike and the x-ray of my knee.)

Before the crash:

And After:

 

[DFW_Warrior]

FYI: dude swerved back and forth for some time, almost caught himself, lost control and crashed. i think he was rather lucky he didn't get hurt worse.....

i also didn't say he was going 60 MPH. i simply stated the fact that he was going significantly faster than the other traffic and he was definitely going over the speed limit.

and the purpose of this thread was not to make anyone feel better. it was to state an incident that scared the crap out of me and to see people's opinions on who would be at fault LEGALLY in the incident.

Let's see.. he was speeding WAY faster than traffic, now it's not faster than 60, and pretty soon it will be around 40, which if I were a better man, would be pretty close to the posted limits on a given city street. Yep, you're story is sounding better and better every day.

Now he had time to swerve back and forth several times (probably due to his rear wheel locking up), and tried to save it, but lack of traction eventually caught up to him and he lowsided it. And he had time to do all this, all while going at a high rate of speed? I'm sorry bud, but I don't buy it. I've ridden too long to see how this is plausible. Accidents don't unfold like this at high rates of speed, never have never will. You're right, I'm not physic, never said I was. But it appears that I do have a little more common sense, and the ability to tell when the facts don't line up. Which happens to be the case with your "story".

You're asking LEGAL information on a beer brewing website??? Sorry, that in itself is funny to me. I don't have to argue if you are trying to skate away from anything. Anyone reading the post can form their own opinions.

 

[DFW_Warrior]

DFW_Warrior

Not the best use of your first 3 posts. Cool it.

Sorry... just hearing some of these fish stories, and seeing how they change over the course of a thread is quite amusing to me, and the hundred's of other motorcyclists reading this thread. I just try to point out the obvious. No hard feelings.

 

[dmonty]

… the purpose of this thread was not to make anyone feel better. it was to state an incident that scared the crap out of me and to see people's opinions on who would be at fault LEGALLY in the incident.

In general, laws are predicated on the basis that the last person who could have prevented an undesired outcome is the one most at fault.

The motorcyclist was undoubtedly a contributor by virtue of ‘speeding’ but it was ultimately your involvement which created the ‘emergency’ which needed to be avoided.

Since there was no collision I sincerely doubt you will be held legally accountable but don’t think for a second that you did not contributed to this accident. Whatever the outcome... learn from it.

 

[DFW_Warrior]

what do ya think? any chance this will come back to haunt me? i'd fight it, for sure (as i'm sure my insurance company will) but what are the chances i even need to worry about it?

This little phrase speaks volumes for your character. I don't have to say a thing.

BTW, welcome to the forum CAD. This truly is the best HomeBrew forum on the www.

 

[olllllo]

OK Points made all around.

New guys. If you want to post about beer then stick around, otherwise this is all OT (which is fine unless it becomes a point of conflict).

Let's get back to beer.

 

[olllllo]

Debate is fine.
Personal attacks are not.
https://www.homebrewtalk.com/showthread.php?t=45396

Do not carry this into other threads or you will be banned.

 

[Orfy]

You ARE being watched.

Like olllllo say's if you joined to be a community member fine and welcome.
Joining for any other reason is spam.

 

[Yooper]

wow... you're a bright one alright. So it looks like you've finally figured out what I've been trying to imply the whole time. Congrats on your quick wit.

No nasty sarcasm, please. You are welcome to discuss issues. Calling people morons, and making nasty remarks is not allowed, however. Please stick to the topic.