Help me see more clearly... very sad story.

Ed, it sucks that you had to see what you did. I know, I've seen friends get killed, maimed, and broken. I'll never get some of the scenes of horrible carnage out of my head. EVER. And also the knowledge of, that sometimes but for a couple of seconds one way or the other......it could have been me laying there.
I never once thought that someone should compensate me for what I witnessed. It's life. Sometimes you see nasty stuff that you'll never get out of your head. Everybody deals with stuff like this differently, and I suppose I may be a bit jaded by, what seems like a lifetime, of having the misfortune of seeing way too much very ugly stuff happen to other riders. Me first thought is, "glad it wasn't me".
Sounds cold, but I would think that in the deep recesses of every riders mind, most all think the same thing.
I don't know how large a part of your life riding is, but if it's a major part, get back on your bike and ride. I bet your friend would want you to.
If it's just sort of a part-time hobby, I guess that's a different story. To me there a huge difference between "living", and merely "existing". Do what makes you feel "alive". If it's "dangerous", well, LIFE is dangerous and ends in death 100% of the time whether you have fun during it or not.
For me, after some of the bad things I've seen, I found that taking a hike by myself up to the top of the highest point around ( I live in NJ, so there isn't anything to awful high ), just sit and look around at the wonder of it all.
When I check out I want people to all say............"Man, that fucker LIVED while he was here!!!!!!!!!!!!!!"
Feh, I'm blathering on.
I hope you feel better soon.
Peace to you and to your friends family.

Chris

I think there are better ways to try and get old drivers retested then to sue an insurance company.
They will just increase everyones rates and be just as happy.

Not a bad WAY to go really, fast and doing something you love.
Sure seems like its better then lots of other ways to go.

That's not how it works.

The OP can't "sue the insurance company." He would have to sue the driver.

That being said... with all due respect to the OP, I don't see why we have to be so hands off about the driver. 90 years old or 19 years old, the driver KILLED A MAN. Outside of fighting in a war, how many of us have actually KILLED someone? She just murdered someone, and we have to be sensitive about her feelings? :huh

If it were up to me, we'd have mandatory re-testing for EVERY driver, every time they have to renew their license. I don't think a once-a-decade written and practical test of one's abilities is much to ask for the freedom to operate a vehicle on public roads.

My deepest sympathies to the OP!

The sad fact is, culturally we do not regard emotional health the same as physical health. It's considered effete and weak to talk about how you feel. We don't bat an eye if someone takes medicine for a physical issue, but you're painted as some druggie or weakling if you dare to take medicine for an emotional issue.

Best of luck to you.

"Murder is the unlawful killing, with malice aforethought, of another person, and generally this state of mind distinguishes murder from other forms of unlawful homicide (such as manslaughter)."
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Fair point.

http://en.wikipedia.org/wiki/Vehicular_homicide

That qualifies.

Judges apparently don't trot that out too terribly often.

Wonder why?

I guess we will (eventually) see what the judge in this instance does.


Won't mitigate the tragedy in any way though, really...
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FYI: Definitions of murder and manslaughter vary by state.

Although, being a rider, I share some of the agnst regarding accidents and fatalities when drivers fail to recognize the presence of motorcycles, the fact is that such accidents cannot be sued, legislated or fined out of existence. Given the size and vertical nature of a rider's profile as well as the fact that most drivers' brains aren't really looking for motorcycles, such accidents, even with tested, competent (however you define that) drivers behind the wheel, will continue to occur. If you choose to ride then you assume the risk of such an accident happening to you. (or me of course) There are things a rider can do (hi-viz gear, aux lighting, riding technique, etc...) to mitigate the risk but it's still there.

New York City has just renamed the police division responsible for investivation of collisions to the CRASH Investigation Squad, from "Accident" Investigation Squad, as part of a general change in some bad local policing issues here in NYC:

http://gothamist.com/2013/03/11/nypd_issues_sweeping_changes_to_cra.php

Sorry for perhaps jacking the thread. This sort of "awe-shucks / shit happens" attitude towards serious road collisions really burns me up.

Letter from NYPD Commissioner to City Council --

I wonder how many lives will be saved by changing the name. My guess is zero.

Despite your insinuation, my use of the term accident doesn't mean I don't take this type of occurrence seriously. As posted earlier in the thread I have seen a rider die on impact when T-boning a left-turner and I also take it very seriously as I recognize that it's a very real risk TO ME when I ride.

I'm not insinuating anything about anything you said! Not interested in starting any fight in the OP's thread.

I'm just talking about a general attitude when it comes to traffic collisions.... "I didn't SEE him! It was an ACCIDENT!"

Anyway, yeah: Changing a name changes nothing. The AIS... errr... CIS is staffed with 19 officers for the WHOLE city of NYC. They show up only if someone is dead, or expected to die. Lose a leg? No AIS, if someone gets to you in time. Drunk driver? Speeding? Reckless? That's a civil matter. You're on your own.

Anyway, sympathy to the OP. He's really been hurt by this, regardless of what the current law says.

Yes you do sue the driver, but the insurance company will be providing the defense. So you are not going to "bankrupt" someone by going after their insurance. Even if they have 300K liability and you sue them for $1million AND are awarded it (a long shot to be sure) the insurance would have to spend the first 300K on her defense and paying you off. I don't think you would have to collect from her but hey I am not a lawyer!


Insurance companies do raise rates when certain drivers or vehicles suffer large claims. If the insurance companies raise the rates for seniors high enough then many will stop driving.

I feel sorry for the little old lady. I do not feel sorry for someone who is driving but can't be bothered (or is not capable) to signal before turning and/or not able to see something coming the other way. And by suing her you won't end all left turner accidents, but neither will any other actions we take (high viz, modulator headlight, weaving, .....). BUT, if enough folks sue then folks might think twice of driving beyond their capable time. Same goes for drunks, texters, and cell phone users.

The reason folks don't "see" a bike is because they don't recognize it as a threat. Suing folks who ignore bikes is one way to perhaps raise the awareness that bikes are indeed a threat and should be noticed.

However, the most important thing for you is how you will recover. If a law suit serves a healing purpose for you then go for it. It could possiblly give some "purpose" to the other fellows death if it helps save future riders. Especially if at some time you get some publicity. However, if it just extends the pain then forget it and move on in a more healthy way.

Peace be with you.

Not quite.

These links explain the science behind SMIDSY:

http://www.londoncyclist.co.uk/raf-pilot-teach-cyclists/

https://dl.dropboxusercontent.com/u/90471/1211 Road Survival Guide Final.pdf

http://en.wikipedia.org/wiki/Saccadic_masking

If you actually read the links above you will see that suing folks will never, ever, change this.

Evolution will.

Don't hold your breath though...
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My deepest sympathies to the OP and to the other poster who also had an accident.

What goes through my mind while reading this is... why don't we have button-triggered airbags on our person in a riding suit?

At least it might save one or two if we land on a bag instead of a hard object.

I'm sure in this modern day and age there is a small enough airbag that could fit onto a belt or even onto a backpack and be inflated in an instant that the rider comes apart from his motorcycle or when he sees danger ahead and can then hit the button and be saved before the accident even occurs.

Even with a backpack mounted one, at least that would save the riders who are impacted on their backs.

Like this, but not like this: https://www.youtube.com/watch?v=cGCUz-OLkMw

Here in Idaho last summer a guy was riding his bike heading west early in the morning, sun to his back. His wife and daughter were in a car about a mile behind him. Coming the other way was a guy in a pickup truck who wanted to turn left into a gas station but couldn't see because the sun was completely blinding him. Even though it was a very busy highway, he decided to just turn left anyways and pulled right in front of the guy on the bike who was traveling at about 60mph. The guy on the bike layed it down and slammed under the truck, killing him instantly. The poor wife and daughter pulled up right after and saw everything laid out right in front of them.

The guy in the truck had no insurance. The wife and mother are struggling badly, very badly. And now, the guy in the truck was recently charged with Manslaughter and inattentive driving. I was shocked to see the Manslaughter charge, but am happy that he is being charged because so many drivers kill motorcyclists here every year, and usually get off scott free and to me, that makes things worse. Alot of people have written the newspaper in defense of the guy in the pickup truck, shocked that he was charged with manslaughter but to me, it makes every cager stop and think for a minute. Maybe, just maybe it will save a life or two.

There are blameless accidents all the time, it is the risk we take but lousy drivers and texters are needlessly killing many.

Another woman ran over a guy on a Harley recently on an offramp, she was texting and just wasnt even looking up to see the bike slow down, ran right over him. Her charge? Inattentive driving. I see that crap in the paper all of the time here and it pisses me off to no end.

search Google or YouTube for "motorcycle airbag jacket"

Several options out there

Wow thanks for sharing!

<iframe width="560" height="315" src="http://www.youtube.com/embed/IWnYC3wSWgE" frameborder="0" allowfullscreen></iframe>

Although I fully understand the science that explains a part of the SMIDSY phenomenon, nobody will convince me that a big part of this problem isn't laziness/unawareness/not paying attention/not being a threat induced.

I completely agree that many, if not most, accidents out there are caused by sheer stupidity.

I witness said stupidity every day; I imagine most riders do.

However, I am also dismayed by the science cited above which indicates that even if someone is

attentive, and doing their utmost to drive responsibly, certain evolutionary traits can still lead

to that "motorcycle friendly" motorist not properly registering our presence.

Scary shit. :eek1
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can somebody be so kind as to give me the condense story. poster was riding with his buddy who crashed now he cant work because of post accident stress and want to sue the driver..????