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Car & abrubtly cut off by motorcycle

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B

bragerz

Guest
This took place in Chandler, AZ. To start off, I am a 24 year old college student / professional. I have a clean driving record. This is what happened to me yesterday at approximately 4pm PST.

I pulled out of my neighborhood from Superstition onto Chandler Blvd, making a right hand turn onto Chandler. Chandler Blvd is 3 lanes each way at this point. I accelerated to 45mph and remained in the right hand lane. Just as I get to the texaco station on the right at the corner of McQueen and Chandler, a motorcyclist with a passenger made an abrupt turn from the far left lane (right next to the median) and cuts directly in front of me across 2 lanes to turn into the gas station. I swirved and hit the brakes but clipped his rear end.

He got cited for an illegal turn, and I got cited for "speed greater than R/P to avoid collision". The speed on my citation is 45mph and the speed limit is 45. My neighbor was with me and confirmed all of the events with the police.

The motorcyclist is in some motorcycle club and the first thing he did was call his friend!!!!!!! NOT 911!!!! his passenger was on the ground bleeding and he was yelling at me, telling me *I* was speeding?!, etc! Both people on the motorcycle were flown to the phoenix trauma center even though both seemed to be ok.. (The guy was walking around talking, etc..)

Damage to my vehicle:
http://www.jeffnappi.com/accident/sP1010044.JPG
Map of location of accident. Green is the path of my car, blue is where I was heading. red X is where the accident occured.
http://www.jeffnappi.com/accident/map.gif

What should I do?
 


I AM ALWAYS LIABLE

Senior Member
bragerz said:
This took place in Chandler, AZ. To start off, I am a 24 year old college student / professional. I have a clean driving record. This is what happened to me yesterday at approximately 4pm PST.

I pulled out of my neighborhood from Superstition onto Chandler Blvd, making a right hand turn onto Chandler. Chandler Blvd is 3 lanes each way at this point. I accelerated to 45mph and remained in the right hand lane. Just as I get to the texaco station on the right at the corner of McQueen and Chandler, a motorcyclist with a passenger made an abrupt turn from the far left lane (right next to the median) and cuts directly in front of me across 2 lanes to turn into the gas station. I swirved and hit the brakes but clipped his rear end.

He got cited for an illegal turn, and I got cited for "speed greater than R/P to avoid collision". The speed on my citation is 45mph and the speed limit is 45. My neighbor was with me and confirmed all of the events with the police.

The motorcyclist is in some motorcycle club and the first thing he did was call his friend!!!!!!! NOT 911!!!! his passenger was on the ground bleeding and he was yelling at me, telling me *I* was speeding?!, etc! Both people on the motorcycle were flown to the phoenix trauma center even though both seemed to be ok.. (The guy was walking around talking, etc..)

Damage to my vehicle:
http://www.jeffnappi.com/accident/sP1010044.JPG
Map of location of accident. Green is the path of my car, blue is where I was heading. red X is where the accident occured.
http://www.jeffnappi.com/accident/map.gif

What should I do?


My response:

Sue the driver for your property damages, or make a claim to your own insurance company, take the deductible "hit", and then sue the motorcycle driver later for the deductible.

Report this to your insurance company and to be prepared for a potential claim by the motorcyclist and passenger. In that event, your insurance company will supply you with Defense Counsel at no additional cost or fee to you.

IAAL
 

I AM ALWAYS LIABLE

Senior Member
My response:

I looked at the photo and map. Your story doesn't make sense. The damage to your car is on the right front corner of your car. Using your description, one would expect that the damage would be on the driver's side front corner, or the middle of your front bumper - - not the far right corner.

Please explain.

IAAL
 
B

bragerz

Guest
I drew a diagram...

sec

He made an ABRUPT turn and pasically was perpendicular to me entering the gas station. He would have been entering into the left side of the driveway to the gas station so it is pretty clear it was a last minute decision to turn into the gas station.

Thanks for the help!

-Jeff
 
B

bragerz

Guest
HomeGuru said:
**A: nice diagram. Now why was the vehicle angled towards the mortocyle rather than angled away or simply just going straight?
Thanks, I tried hah! The diagram isn't perfect, it is just to give you an idea of what happened. Just before the impact I swerved to avoid the collision. The motorcycle was more perpendcular to the car than the diagram shows.
 

HomeGuru

Senior Member
bragerz said:
Thanks, I tried hah! The diagram isn't perfect, it is just to give you an idea of what happened. Just before the impact I swerved to avoid the collision. The motorcycle was more perpendcular to the car than the diagram shows.
**A: well, I only go by the evidence presented in the case.
 

rmet4nzkx

Senior Member
bragerz said:
cows move a little bit more slowly than motorcycles :eek:
The end result is the same :eek:
When the motor cycle made the right turn from the left lane were they turning from in front of you, past the driveway to the gas station and at a slight ---- \ angle so that is why they hit the right front of your car?
 
B

bragerz

Guest
rmet4nzkx said:
The end result is the same :eek:
When the motor cycle made the right turn from the left lane were they turning from in front of you, past the driveway to the gas station and at a slight ---- \ angle so that is why they hit the right front of your car?
He made a near 90 degree turn into the gas station... So the bike was basically perpendicular to the car before I swerved.

-jeff
 

rmet4nzkx

Senior Member
bragerz said:
He made a near 90 degree turn into the gas station... So the bike was basically perpendicular to the car before I swerved.

-jeff
So are you saying that you swerved to the left, while he was turning to the right and that is why the impact was on the right of your car, rather than you upon seeing him turning right, also turning right to avoid impact? Were there any skid marks? Did you lose control, for what ever reason, of your car and you couldn't control which direction it swerved?
 
B

bragerz

Guest
rmet4nzkx said:
So are you saying that you swerved to the left, while he was turning to the right and that is why the impact was on the right of your car, rather than you upon seeing him turning right, also turning right to avoid impact? Were there any skid marks? Did you lose control, for what ever reason, of your car and you couldn't control which direction it swerved?
He turned so fast that by the time I realized he was turning, he was already directly in front of me. So I swerved to the left to avoid the collision.

edit - No skid marks, no loss of control. The swerve to the left reduced the impact. There would have been more damage had I not swerved to the left.

-jeff
 

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