Rear-Ended at 70mph—I’m Done!

[exskibum]

Well, see a lawyer . . . soon. The statute of limitations is running.

Unfortunately, Twigg is mostly right. My only quibble is that (here, at least), such a case is likely to be handled for a contingent fee that would avoid the need to pay attorney's fees or costs unless there is a recovery. Those minimum insurance limits would make any lawyer skeptical that the guy has sufficient funds to be worth going after, but he'd probably at least do a basic asset search in deciding whether to take the case. Beyond that, Twigg does a good job of sketching the too usual circumstances in another example of an irretrievably broken legal system (for working class citizens, at least).

 

[Top_Speed1]

Wow, sorry to hear of you being the victim of someone else's stupidity.
Just wondering what good a bright LED brake light would be if you didn't use the brakes - maybe riding the brake would have caught the cager's attention? Maybe not if he was just texting while driving.

I did use the brakes after I slowed to 25. That light is so bright that there is no way it couldn't be seen.

Unless they are so focused on the text/screen. Was it a younger driver? (yep, I'm stereotyping)

 

[Larry33319]

Glad to hear you are still among us. My nephew rode a Goldwing each day to work at NIH in Rockville from Germantown. Similar situation occurred, he was sitting in traffic looking at his mirror and saw a car was not stopping. He dumped the clutch and pulled to the side to watch the car rear end the person in front of him. Lucky for him he was watching the mirrors at the time.

 

[Tyler]

I may decide to sell off motorcycle gear and some tools—can’t make up my mind yet—to depressing to contemplate quitting riding but I’m still writing articles for motorcycle magazines. I have the right-side saddle bag left from my bike. It has a gouge but can be repaired--free to good home--U pay shipping.

I've been where you're at... flip flopping between "You can't ride anymore" to "Of course you'll ride again" to "WTF are you thinking?!?" to "How can I NOT ride?!?" Rinse. Repeat. And that went on for quite some time. So I made a decision to not make a decision... cause that's making a decision! Put it on the sidebar for the time being because you don't have to decide this very minute. And if you do decide, for now, to stop riding, there's no reason you can't start again should that be where your heart lies. Or maybe you'll find another way to get your thrills... a fun sports car, a Spyder, or take up a safer sport like skydiving. Take it one day at a time and you'll know what the right thing is when the time is right. B)

 

[JamesW]

Might not know unless you get back on and see what the vibrations tell you. Been severely wacked myself, twice, one of the fail to yield at an intersection types (totaled my wing) and a friendly bambi at 70ish (killed the deer) and I still ride (at age 74) love my fjr and being retired. I leave rush hour and the weekends to the working folks.

 

[Queensland Ken]

Wow, sorry to hear of the accident, glad you are on the mend.

 

[steveoreno]

Sorry to hear this kind of thing. Glad to see you're around to be able to post.
Not a big fan of lawyers but I'd be suing them to the point they'll never have anything in the rest of their miserable, non attention paying life.

I'll understand if you choose to quite riding yet I'll support you if you choose to get back on. Only you know your own circumstances. Beat of luck in whichever direction you may choose.

Sue the *******!!!

 

[Lockback]

I'm so sorry to hear of your plight.

Being rear-ended has been my biggest fear during the 40 years I've been riding. I've avoided it so far ... but nobody is immune to the immense stupidity which afflicts so my drivers nowadays, particularly with the proliferation of texting. A local sports anchor lost his daughter a year ago because she was texting, and he's used the incident to publicize the dangers of said action.

Anyway, my thoughts and prayers are with you and I'm glad you're still alive but clearly this hasn't been a really positive year for you.

If I were in your shoes (and, let's face it, it could happen tomorrow), I would definitely consider hanging up my helmet. Age and doubts can weaken the will.

But maybe a little while down the road, you'll get that itch again. And that's fine too. Just let it play out over time.

In the meantime, heal well and know that many here are thinking of you.

 

[Shemp]

I hope you decide to enjoy the passion we all feel when we put our gear on and ride. There is something about the solitude when you strap that helmet on....It has already been said before me. You have a lot on your plate presently. One day at a time.

 

[Dagwood]

You took a statistical bullet for a lot of us. Your preparation to ride and survive is at the top of the due diligence scale and yet for reasons unknown you have paid dearly. No sense to be made of it. Wishing you and your son startlingly good rehabs and recovery. One to another I'm glad you are still here.

 

[Bounce]

Glad your around (not just for us but for your family). Focus on recovery. Worry about riding or not later on. Stick around if you have the mind to. Everyone enjoys your posts and maybe there's some camaraderie you can draw from.

 

[escapefjrtist]

Good luck 3dogs and thanks for the post.

So glad to read that you're still with us, able to tell your story and again, make us aware how vulnerable we are while on the roads. I choose not to commute for a myriad of reasons, mainly those that many have eloquently stated above. Hanging up your gear will no doubt be a tough decision...

Sending good thoughts to you and your son for speedy recoveries.

--G

 

[TripperMike]

What a sobering post 3dogs for the rest of us. For someone of your riding skills to be clobbered like that out of the blue, is cause for heightened due diligence for myself as I ride. As tough as it is to read about your experience, I suspect it serves a good purpose (that you posted) to remind us not to get too comfortable on that bike.

Glad to read that you made it through this, but the rehabbing has got to be a tough pill to swallow. But most importantly you're around for your family.

One day at a time.

 

[jmgrif]

Glad you're on the road to recovery! Not sure if I missed one of the replies posted but, here in B.C. Canada we can purchase a separate policy for "under- insured" drivers. Not really expensive considering the impact and just wondered if that is available in the US? Not only covers you while riding but even as a pedestrian etc. Just wondering and get well soon!

 

[James Burleigh]

...because like you said, there was nothing you or the Subaru driver could do to avoid what an idiot caused.

I would think the M.C. would have an advantage in such a situation whereby, keeping one eye in the mirror and seeing trouble coming, by placing itself back from the vehicle ahead of it and off to one side (so's not to block itself in and have no out), the bike could skedaddle up between the cars ahead whereas an automobile would have to sit there and take it.

 

[Gurock]

GET WELL SOON!!!! Sorry to hear about all of this. It's easy for the other posters to say sue the ******* and I'd want to myself, but it will get you no where. I'm a lawyer and I know. No lawyer can get you much because of the low limits on their insurance. It's still worth it to get a lawyer because your lawyer can collect the little money there is from their insurance and use it to settle your medical bills.

There will always be someone telling you what they perceive you could have done to avoid the accident, but what they say doesn't matter. You were there and you know what could have been done or not better then anyone else. Besides none of that matters now, the accident has already happened and now what's left is to concentrate on getting well. Don't listen to the second guessers.

On another related note this is why we have under-insured motorist coverage. My insurance on my 08 FJR is $500,000.00 single limit including the under-insured. So if this Bozo hit me my insurance would have to pay the difference between Bozo's policy and $500,000.00 to the extent of the value of my injuries and your injuries sound like they'd be worth $500,000.00. That's why my premiums are so high. The most expensive part of my policy is the under-insured motorist coverage. I think I pay a little over $1,000.00 a year. I pay $1,600.00 per year but it's for an FJR and a Burgman 650. The FJR is more of the premium then the Burgman 650. My company (Foremost) says that they know FJRs are used for cross country touring and they did call my bike a bit of a Hot Rod, but if there's a claim they are very fair.

Heal soon! Make your own decision about riding again or not as you heal and if you do ride again buy under-insured motorist coverage.

 

[frankenfeejeer]

Glad to hear you are still among us. My nephew rode a Goldwing each day to work at NIH in Rockville from Germantown. Similar situation occurred, he was sitting in traffic looking at his mirror and saw a car was not stopping. He dumped the clutch and pulled to the side to watch the car rear end the person in front of him. Lucky for him he was watching the mirrors at the time.

"Lucky for him he was watching his mirrors at the time." ?!?!?!?

When you are stopped in traffic, on the highway, that should normally be speeding along at 60-80 mph, what the hell else could you possibly looking at??

3dogs, I'm sorry for what you have been through, I really am. Nobody should have to pay for someone else's stupidity. But with your years of experience how were you not lined up between cars, hand on the clutch, ready to go at the first sign of an idiot not stopping behind you? I'm terrified of that exact scenario every time I'm stopped anywhere!

I think the lesson here is that luck isn't involved with not getting in an accident, or letting someone barrel into us from behind at 70mph, its paranoia.

Just my, clearly unpopular, .02¢.

Speedy recovery to you sir.

 

[James Burleigh]

3dogs, I'm sorry for what you have been through, I really am. Nobody should have to pay for someone else's stupidity. But with your years of experience how were you not lined up between cars, hand on the clutch, ready to go at the first sign of an idiot not stopping behind you?
I think the lesson here is that luck isn't involved with not getting in an accident, or letting someone barrel into us from behind at 70mph, its paranoia.

+1

I think that an ancillary benefit of the ability to split lanes as a matter of routine here in Calif. may be that we never see traffic, whether it's flying along at 70 MPH, slowed, or stopped, as a solid object (like a car would see it) but rather as a highly porous, fluid mass with many pathways through it and routes of escape. That perception and experience with moving through tight spaces may shave off the seconds needed to otherwise spot and maneuver into safety. "Diving for the white line" is my default freeway emergency maneuver. Nevertheless, if the traffic ahead stops very, very abruptly, all bets are off--just as you dive for the white line, the car in front of you may swerve into that next lane. Crunch.

 

[Bill Lumberg]

I had a motorcyclist pull out in front of me years ago. Totally his error. He checked himself out of the emergency room AMA and rode his bike home, which was in another state. About a month later, he decided he might be able to get paid, and fabricated a story to support suing me and my insurance company. I had more than state minimums, and if my insuror hadn't been great and provided top notch legal service, his fraudulent suit still would have easily exceeded my coverage cap, leaving me personally liable for someone elses error. Justice prevailed, but it was scary. I think minimums should be raised to protect people like me. I wouldn't just carry the minimum regardless. OP- glad you're okay.

 

[Bounce]

Minimums should be raised simply because the average cost of a vehicle being nurfed has gone up.