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can crashing always be the riders fault ? [NSW]

Discussion in 'Politics, Laws, Government & Insurance' at netrider.net.au started by hammered, Jun 20, 2009.

  1. Hey fellow netriders

    I would just like to tell you my story and get some thoughts off you .

    Last night (friday 19th , june ) me and my mate wanted to go for an easy cruise into the city. I was feeling really good because my bike (hyosung gt250r ) was just serviced and running the smoothest it ever had run.

    I live in a suburb called Currans Hill which is a suburb right next to an industrial suburb called Smeation Grange. Me and my mate had to ride through Smeaton Grange to get to the road we wanted to go on. There is a roundabout that connects Currans Hill and Smeaton Grange together and alot of trucks go over it all the time. I knew there was a shitload of potholes on the inside so i slowly taken the outside line. Before i could even think the bike had slipped out from under me from the amount of gravel.

    My bike scraped on its right side , tearing the mirror , blinker , front brake lever, back back pedal and fairing damage. I also had to go to the hospital that night and get 6 stitches in my knee and will be off work untill i can move my knee again. I do shopfitting so its a very physical job.

    I really think that is poor maintenance on a roundabout if there is potholes on the inside and gravel on the outside. Is there any safe way for a motorbike to get through. (There are also no street night near the roundabout which makes it even harder)

    I really dont believe this accident was my fault and i think the council was at fault for this. I would really love your opinion if i should take this up with the council or just pay for all of this out of my own pocket.

  2. As you're the only one involved it would put at fault.

    Insurance - if you have it - will come back with something like that.

    Someone has to be at fault in claims. As for the road condition unfortunately I don't that would be a reason for them to change who is at fault.
  3. 6 stitches? what brand leathers were you wearing? :?
    oh wait, let me guess, you were on a bike and not wearing leather..... :LOL:
  4. There are Netriders who have had injuries involving stitches even when wearing the right gear. Skin can split from impacts.
  5. That really sucks mate. I feel for you as I am in the same situation a lot of the time when riding to work.

    I leave at around 5am when it's still pitch black and it's about a 50km ride. A lot of the roads are used by trucks frequently and are very poorly maintained. (Honestly they just simply aren't maintained) I am forever dodging potholes I know are there and always on the lookout for new ones.

    I just don't think it's good enough and if I was to have an off from hitting one I would be placing the blame squarely on the council as well. Unfortunately they are the kings of passing the buck so I doubt I would have a leg to stand on. They would no doubt place the blame on me just for being there or some other stupid excuse.

    /End whinge :p
  6. There was a post a week or so back from a guy who had a near miss, got the police report then went to the RTA (I think it was NSW) and claimed through their insurance, and they paid out. Do a search, might be worth looking at to at least cover the repairs.
  7. I think your thinking off the post in the free magazine you get from bike shops. Can't think of what the mag is called but its the big one.
  8. Have worked at race meetings where riders have required stitches for injuries sustained where the leathers have not been broken. Have also seen some major gravel rash/burns at meetings where again, the leathers were not broken.

    It can and does happen

  9. With regards to the original post it is a bit of a double edged sword.

    As already mentioned, someone must be to blame in some way, it is just a matter of who is to blame, to what level are they to blame and can they be identified.

    To play a devils advocate to your post a bit you mention that you know trucks use the intersection and that there were potholes on the left edge so you strayed right to avoid these obstacled (thumbs up on that as well by the way). The question is, have or had you ever seen gravel at that point before and if so, should or could you have been more careful?

    Look, to me I am not blaming you but simply saying that crap happens and this is likely one of those times. You say you weren't speeding etc and had taken precautions by being further right due to known obstacles and you did the right thing.

    Sorry to say but officially it was a single vehicle accident so it will be assumed that you were to blame and the onus will be on you to prove otherwise in teh eyes of the law and insurers

  10. I'd take it up with the RTA and their insurance, as in Qld our trucks etc get very large fines if they leave a mess on the road, it's one of the reasons we've stopped delivering to sites where we risk carrying dirt etc onto the roads when we leave.

    It's like a $1500 on the spot fine, so they are raising revenue for it so no reason they shouldn't pay up if it was overly bad.

    It's really no different from Councils being liable for medical costs etc as a result of someone tripping on a bad foot path.
  11. Indeed I am - it was in the letters section of Cycle Torque (free from most bike shops) Thanks for jogging my memory!
  12. I have talked to a few people about this and first of all im going to write to my local member of Parliament.

    I have taken a few photos of the roundabout and ill post them up for you all too see later
  13. This the roundabout???

  14. Hi Kyle,

    I had a friend who buckled his rim on a pothole and successfully sued the council for it. Diff situation but something to think about. The council will obviously try its best to cum up wid sum excuse, like saying u weren't careful enuf or if u travel that road often then they will say u should have known the danger there.

    And the pic of d roundabout you posted goz looks like the one he is talking about.

    P.S. Hope u get better soon mate!!!
  15. Are you still running the stock Shinko tyres on your Hyoflung? If so, get them changed asap. They're downright dangerous.
  16. My take on it based on what you have written is that you were obviously still going too fast for the conditions and/or your ability. I don't mean that personally. It is ALWAYS a rotten thing to fall over.

    In terms of what is safe to "get through", most things can be negotiated at the right speed. Part of that is experience, and I'd guess that's the main thing lacking here. Again, not meant as a personal criticism.

    Chalk this one up to experience. Gravel usually migrates to the outside of a corner as traffic passes, so it's one of the worst places to be. If the road really is that badly broken up, you can ride slowly, even with potholes.
  17. yep thats the one alright
  18. here are the pics




    i didnt ride into that massive pile of gravel . I ended up sliding on the little bit just after the pot holes.
  19. That's pretty shocking.. Sydney's roads are getting worse every day!! You might have some luck with a lawyer and those pics... Bad luck man... I woulda slowed down to about 20 and not leaned much at all for fear of sliding out or a cracked radiator/headlight.

    Go fcuk yourself man. This isnt www.atgattgeriatrics.net.au, and if it were, you'd be talking to yourself mostly.

    Edit: Mind if I use those pics on my website? I have a rant about sydney's apalling roads
  20. yep, there is a reason they no longer use shinkos.