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#11
10-13-2006, 04:30 PM
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Re: Just slammed a motorcyclist
[ QUOTE ]
[ QUOTE ] [ QUOTE ] [ QUOTE ] Aren't you pretty much always at fault when you hit someone from behind? [/ QUOTE ] not if that person cuts you off [/ QUOTE ] And you prove this how? You : He cut me off Him : No I didn't You are supposed to be in control of your own vehicle at all times. [/ QUOTE ] Please. One of my favorite urban myths. There can always be superseding circumstances which affect liability. In this case, it is likely the motorcycle rider is at fault. [/ QUOTE ] You make no sense. First you say "there can always be superseding circumstances which affect liability", but then you base your judgement that the motorcycle dude was at fault from just what the OP, who hit the guy, said. It also isn't a myth. You need to prove that it was the other persons fault for you to not be liable. Now true, usually liability is split 50/50 in cases where it's I say/You say. A 50/50 split is still saying I was at fault, at least your insurance will sure see it that way. 
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#12
10-13-2006, 04:32 PM
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Re: Just slammed a motorcyclist
[ QUOTE ]
[ QUOTE ] http://www.filecabi.net/video/thenboom13.html Make sure to click on Media Player at the top. [/ QUOTE ] "I don't want to move him, he's going to have some spinal and neck injuries" Just be honest fatass, you have no clue on what to do. Am I insane for thinking a cop should know first aid? He just stands there overtop of the guy for a while before even checking on the dude. [/ QUOTE ] Actually he did the right thing. Why would you move someone after something like that? The guy is moving and alive, and there is no reason to move him since he's not in a life-threatening situation like being in a car that is about to blow up.
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#13
10-13-2006, 04:33 PM
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Re: Just slammed a motorcyclist
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Go buy a Yugo to help make your new insurance premiums as affordable as possible. [/ QUOTE ] Ok, this probably should've been a BBV thread. Beat being OP. Brag being, I run a division for a P&C insurance company. I won't have to pay more. Variance being, when I drove out of my kids' school just before the accident, I stopped at the gate to figure out which of the two available routes to my destination I was going to take. I figured it was a coin flip, and turned right. If I'd turned left, I wouldn't have been anywhere near the idiot on the bike.
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#14
10-13-2006, 04:33 PM
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Re: Just slammed a motorcyclist
[ QUOTE ]
[ QUOTE ] http://www.filecabi.net/video/thenboom13.html Make sure to click on Media Player at the top. [/ QUOTE ] "I don't want to move him, he's going to have some spinal and neck injuries" Just be honest fatass, you have no clue on what to do. [/ QUOTE ] Uhm... He is right, though.
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#15
10-13-2006, 04:38 PM
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Re: Just slammed a motorcyclist
)He never did check on the guy right after he got hit to see if he was alive. Notice if the guy isn't breathing or even worse, has no pulse, you don't care about possible neck & spinal cord injuries.
Maybe I'm wrong, but I didn't see the guy moving or hear him breathing (you can hear him later on trying to breathe) for a good 30 seconds. Those 30 seconds, had the guy not been breathing or had a pulse, could very well be the difference between life and death. Then, after the guy is responsive, he starts twitching. To anyone that has any kind of first aid training, you know this means shock. Hell, anytime anything like this happens, your body is going to go into shock. The cop did nothing in that regard either.
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#17
10-13-2006, 04:47 PM
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Re: Just slammed a motorcyclist
[ QUOTE ]
)He never did check on the guy right after he got hit to see if he was alive. Notice if the guy isn't breathing or even worse, has no pulse, you don't care about possible neck & spinal cord injuries. Maybe I'm wrong, but I didn't see the guy moving or hear him breathing (you can hear him later on trying to breathe) for a good 30 seconds. Those 30 seconds, had the guy not been breathing or had a pulse, could very well be the difference between life and death. Then, after the guy is responsive, he starts twitching. To anyone that has any kind of first aid training, you know this means shock. Hell, anytime anything like this happens, your body is going to go into shock. The cop did nothing in that regard either. [/ QUOTE ] If you watch closer, you can see the guy move his right arm. You will also see that after he tells the car to move the guy's arm is in a different position. Everything seems pretty standard to me. Now, I might go run up to the guy first, but you don't really know what the officer was thinking. He wasn't in shock, I didn't see any twitching. He was trying to get up because he obviously was knocked out and had no idea what was going on.
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#18
10-13-2006, 04:49 PM
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Re: Just slammed a motorcyclist
[ QUOTE ]
guy from behind isnt' always at fault, and its not a 50/50. i rear ended a guy, came out his fault because he cut me off. [/ QUOTE ] How was this proven? I've been in 3 accidents when I was younger. All 3 were situations where people cut me off. I was 50/50 for the first 2 and the 3rd I was 100% because of my past history. Total BS, but I had no way of proving that they cut me off when it was just what I said vs what they said. Luckily, none of the incidents were that much money and I ended up settling with the parties privately that it never affected my insurance. So, don't believe when people say you're screwed once an accident is reported to your insurance. (sorry OP, I'm done hijacking... sometimes I don't even notice when I do it)
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#19
10-13-2006, 04:54 PM
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Re: Just slammed a motorcyclist
[ QUOTE ]
[ QUOTE ] [ QUOTE ] [ QUOTE ] [ QUOTE ] Aren't you pretty much always at fault when you hit someone from behind? [/ QUOTE ] not if that person cuts you off [/ QUOTE ] And you prove this how? You : He cut me off Him : No I didn't You are supposed to be in control of your own vehicle at all times. [/ QUOTE ] Please. One of my favorite urban myths. There can always be superseding circumstances which affect liability. In this case, it is likely the motorcycle rider is at fault. [/ QUOTE ] You make no sense. First you say "there can always be superseding circumstances which affect liability", but then you base your judgement that the motorcycle dude was at fault from just what the OP, who hit the guy, said. It also isn't a myth. You need to prove that it was the other persons fault for you to not be liable. Now true, usually liability is split 50/50 in cases where it's I say/You say. A 50/50 split is still saying I was at fault, at least your insurance will sure see it that way. [/ QUOTE ] What am I supposed to do, order the goddamn police report? As a general rule, you are supposed to maintain control of your vehicle; however, if someone cuts you off (especially in the manner described in the OP) that would be plenty good to shift liability to the motorcyclist. Of course, perhaps (as a California defense lawyer) I should get an out-of-state commission and subpoena everyone's deposition so that I can give you a better informed opinion on who's at fault.
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