Motorbike crash...

[Talyn]

Should I really let this wind me up??

The basic story is, I'm following a van on a main road, and he does a U turn right in front of me. I don't stop in time, and attempt to turn to the right with him. I then slide the bike down the right hand side of his van, crushing myself against it, the bike stops, I don't.

I've just had his solicitors letter stating I'm the one driving without due care etc, he's claiming whiplash and so on. (Although while I'm flat on back, he's quite happily walking around talking to the police etc.) According to the letter his vehicle was 'correctly proceeding'.

Now, to me doing U turn isn't correctly proceeding, considering no indicators went on!!

Should I really let this get me angry? Or just brush it off and leave it in the solicitors hands?? I guess I should expect it cause he's gonna try and be the one 'in the right' as it were.

 

[rynnor]

Got any witnesses?

If not the Police report should cover it.

I saw one of these on the bridge by my old office - white van decides to U turn and doesnt spot (or look probably) the motorbike heading in the lane next to him.

Must be a pretty common scenario - I doubt the insurers will be fooled.

 

[Chilly]

If it wasnt your fault then definitely let it get you angry, but dont get irrational. He is trying to get out of liability, which is understandable but not condonable. State the facts in any response, backed up by any factual evidence you can provide.

 

[Talyn]

I don't have witnesses, I was flat on my back being attended by an off duty paramedic. I'm hoping the cops took all the info that they needed.

Obviously my solicitors have the incident number and so forth...

 

[old.user4556]

Doesn't sound good, but unless there are witnesses isn't it his word against yours?

What's wrong with the van doing a U turn? Not indicating sucks, I agree with you, but how close were you to not see him breaking to a speed to do perform a U turn? Or were you thinking "he's slowing down, I'm going to nip past his right side" without observing what the van was doing? (a lot of motorbikes do this, and it pisses me right off).

Presuming he was doing the speed limit, lets say 30 mph in a 30 mph - I don't expect he'd have preformed a U turn at that speed with no indicator and you hit him - he must have applied the breaks for a decent length of time to reach a slow enough speed to U turn. He may have been avoiding a hazard on the road for all you know.

I don't know the ins and outs, and I wasn't there - so I'm merely speculating, apologies.

<off topic>

I don't have a lot of sympathy for some bikers; but as a pistonhead, I always move over for them and give them plenty of room to pass as safely as possible. But I also see a lot of extremely dangerous moves from bikers that really infuriate me, and I see more bad than good. They seem to think they have some sort of right of way?

One of the worst incidents was when I was in a queue of traffic moving about 10 mph up an A road when a motorbike approached from behind and sat 2 inches off my bumper. I moved over to the kerb, bounding off every drain to give him room to pass - but due to the oncoming traffic he couldn't pass safely. So instead, he moves into the space between my passenger doors and the middle of the road - forcing me into the kerb and to stay there.

If I had to perform an emergency maneuver, or swerve to the right for any reason, he'd probably have been killed. Stupid fucker. Additionally, overtaking on the inside of a car on the outside lane? (another motorbiker favourite). Just asking for trouble.

I know there are some bikers on this board, and i'm not having a personal go; there are plenty of bad car drivers out there .

</off topic>

 

[Dreamor]

I think there is no excuse in this day and age for ANYONE to do a U-Turn or change direction without indicating... its not as if your selling your soul, its just common courtesy. As a bike rider I despise any car or van driver who does not indicate properly, "when your on the bike you have to treat everyone as an idiot driver" thats what my instructor told me, I laughed at the time, a week later a van drove into me because 'he was not looking for someone on a bike' - asshat.

The police should have taken a full report of the location you had fallen / where the bike was in relation to you and the van and the position of the van when the police arrived. Like someone said, its your right to get annoyed about this but calm it down a notch and fight this guy, hopefully one of the more knowledgeable legel bod's here can advise you better.

 

[Talyn]

Some fair comments to be honest Big G, in my defense, I'm 34, no longer a race boy. If I was trying to overtake the guy, I'd have done so about 100 odd yards earlier, and I doubt an accident would have occurred.

I originally thought I was touching the speed limit (30 on the road in question) but considering that I broke no bones, and only suffered major bruising (mainly from getting crushed between the car and the bike) and the damage to the bike is mainly the fairing, it must have been a slower hit, maybe 20mph or less. To be honest, I'm not too sure, as I was flicking my eyes between the van and the road ahead, rather than waching my speedo...

Edit for Dreamors comment: As my flatmate said to me, the correct procedure is 'Signal, Mirror, Maneuver', not 'Maneuver'. I usually sit near the centre of the road, so that I am seen in wing mirrors and such, and (bear in mind this IS my side of the story) if he had taken the time to look, he'd certainly have seen me...

 

[Dreamor]

Some fair comments to be honest Big G, in my defense, I'm 34, no longer a race boy. If I was trying to overtake the guy, I'd have done so about 100 odd yards earlier, and I doubt an accident would have occurred.

I originally thought I was touching the speed limit (30 on the road in question) but considering that I broke no bones, and only suffered major bruising (mainly from getting crushed between the car and the bike) and the damage to the bike is mainly the fairing, it must have been a slower hit, maybe 20mph or less. To be honest, I'm not too sure, as I was flicking my eyes between the van and the road ahead, rather than waching my speedo...

Edit for Dreamors comment: As my flatmate said to me, the correct procedure is 'Signal, Mirror, Maneuver', not 'Maneuver'. I usually sit near the centre of the road, so that I am seen in wing mirrors and such, and (bear in mind this IS my side of the story) if he had taken the time to look, he'd certainly have seen me...

Totally, the only thing I like to do now and then is move over to appear in his side mirrors (as most van drivers NEVER use there rear mirror) and it always makes me feel a little better than he knows I'm there

hope this hasn't put you off driving mate.

let us know what happens

P.S - This is Trigger just so you know

 

[Talyn]

It's not put me off riding, it's just having the money to get a new bike!! My mind wanted to get back on the bike a couple of days later... the body just won't let me!

I spent the week off watching Long Way Round, I'm just so jealous!! Looks like it'll back to a car for the foreseeable future, until the finances (be it insurance or a pay rise!) allow the purchase of a new steel horse...

 

[Dreamor]

It's not put me off riding, it's just having the money to get a new bike!! My mind wanted to get back on the bike a couple of days later... the body just won't let me!

I spent the week off watching Long Way Round, I'm just so jealous!! Looks like it'll back to a car for the foreseeable future, until the finances (be it insurance or a pay rise!) allow the purchase of a new steel horse...

Good for you mate, perhaps we could do a long way around?

 

[Talyn]

ah, if only we could get the sponsorship!! What an adventure that would be!!

 

[Dreamor]

ah, if only we could get the sponsorship!! What an adventure that would be!!

Get Deebs/Freddyshouse to sponser us?

 

[throdgrain]

If you havent got any witnesses get some know what I mean Van drivers are always doing stuff like that, dont let him get away with it.

 

[DaGaffer]

Unfortunately, you were behind him. The duty of care is on you to be far enough back to avoid him doing something stupid (as he did). We all know the reality is that if you leave enough space ahead of the vehicle in front, some twat will slot in-between you (especially on the motorway), but I'm afraid that's the way the law is written. In law, you're at fault.

 

[ford prefect]

I don't have a lot of sympathy for some bikers; but as a pistonhead, I always move over for them and give them plenty of room to pass as safely as possible. But I also see a lot of extremely dangerous moves from bikers that really infuriate me, and I see more bad than good. They seem to think they have some sort of right of way?

I know there are some bikers on this board, and i'm not having a personal go; there are plenty of bad car drivers out there .

</off topic>

I have been riding for over 12 years, and to be honest car, van and lorry drivers are often the worst menace on the road. Last weekend for example I was on the m62, where a wonderfully pleasent White Van driver decided to tail gate me at 74 mph, he was less than four feet from my back wheel at one point and was flashing and beeping at me to get out of his way (not the first time I have experienced that). Not 10 minutes later an Alfa driver cut across three lanes of traffic and decided to try to make me part of the central reservation.

I agree there are some awful bike riders out there, but I would day 50% of drivers have little or no consideration for bike riders at all.

Simple rule of thumb while riding bike these days is to assume everyone else on the road is out to kill you! Experience tells me that some people are out to do exactly that.

 

[JingleBells]

I have been riding for over 12 years, and to be honest car, van and lorry drivers are often the worst menace on the road. Last weekend for example I was on the m62, where a wonderfully pleasent White Van driver decided to tail gate me at 74 mph, he was less than four feet from my back wheel at one point and was flashing and beeping at me to get out of his way (not the first time I have experienced that). Not 10 minutes later an Alfa driver cut across three lanes of traffic and decided to try to make me part of the central reservation.

I agree there are some awful bike riders out there, but I would day 50% of drivers have little or no consideration for bike riders at all.

Simple rule of thumb while riding bike these days is to assume everyone else on the road is out to kill you! Experience tells me that some people are out to do exactly that.

Why were you doing 74 in the outside lane, speed up!

 

[Tom]

The basic story is, I'm following a van on a main road, and he does a U turn right in front of me. I don't stop in time, and attempt to turn to the right with him.

Not leaving enough stopping distance - 100% your fault. Sorry

 

[Chilly]

lol, with what? some crusty old t-shirts?

 

[Dukat]

Van drivers piss me off no end. Practically every time I leave my house I seem to end up with one of the morons behind me trying to mount my bike from behind. I've yet to see one do the speed limit, and indicating seems to be a very rare occurance as well.

Simple rule of thumb while riding bike these days is to assume everyone else on the road is out to kill you! Experience tells me that some people are out to do exactly that.

What he said tbh!

Hope this doesnt put you off biking though Talyn, chin up and all that, best of luck with getting this sorted.

 

[Embattle]

Not leaving enough stopping distance - 100% your fault. Sorry

Sadly I think this old man is correct, you are basically screwed since as far as I know the onus is on the vehicle following.

As to the general state of driving/riding/walking there are plenty of people who are asking to get killed or for a good kicking.

 

[old.user4556]

As to the general state of driving/riding/walking there are plenty of people who are asking to get killed or for a good kicking.

Agreed.

 

[rynnor]

Why were you doing 74 in the outside lane, speed up!

My thoughts exactly!!!