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Hit by a car yesterday

Discussion in 'Your Near Misses - A Place to Vent' started by nathp, May 8, 2011.

  1. well yesterday i was hit by a car when going through an amber light on the intersection of middleborough rd and eley rd it was one of those times where if you have to stop it would have been hard breaking and usually best to go through. well anyway a van facing the opposite direction to me was turning right (i was in the right hand lane) and decided to go, i jumped on the breaks but what i didn't see and obviously the car behind the van couldn't see me either and decided to go.

    I was still on the breaks and couldn't avoid her, hit the front of her car flipped over the handle bars, bounced off her bonnet and onto the road where i rolled and slid for a little bit and then stopped luckily i didn't loose consciousness throughout the whole ordeal and can remember the whole thing clear as day.

    believe it or not but the only thing that hurt was my nuts at this stage as they got squashed by the fuel tank when i went over. lying on the road made sure i could move fingers and toes and nothing else hurting then got up and walked away from the accident.

    the lady who hit me and her daughter rush out of the car and were quite distraught and was given a big hug and an appolgy. i was checked out by the paramedics who couldn't believe that i was the rider who came off after explaining what happened to them as i had no marks or scratches anywhere.

    the bike is a bit of a mess, i think the front forks might be bent, have scratches all up and down both sides of the bike including engine covers, the fronts smashed up and have a snapped clutch lever.

    The bike was towed by Paul Baker Motorcycle Transport who i can't recommend enough if you need your ride transported as even though it was all smashed he still treated it with alot of care that we all like to give our bikes.


    As for gear damage my helmet and visor have a few scratches on it so i'll replace those and my jacket has a small scratch on the right elbow, boots are ok and cant see any issues with them at the moment but will need to take a closer look later.

    all i can say is i was both unlucky yet the luckiest person in the world yesterday to be able to get up and walk away from that with only a broken bike so please take care out there on the roads!!!


  2. Glad you're OK.
  3. damn man!

    you lucky bastard!

    poor bike :( but good times ahead with being able to walk away scott free from it, apart from sore testicles!

    you both got insurance? would she be at fault, as she didn't look properly? or who?
  4. thanks guys, yeah one dam lucky bastard indeed.

    yeah i have full comp and so does she so i'll be putting in a claim and she admitted fault. Am with Swann insurance so i'll submit the claim today sometime
  5. I suspect in a case like this the insurance companies may see it as 50-50. She didn't give way, but you went through the amber which (under the law) you're not supposed to do, even though we all know the deal in the real world.

    Congrats on walking away though, and good luck with it anyway.
  6. as you said, unlucky but very lucky! Glad you're walking away from that
  7. Crap news about the bike but you left with your body in working order so that's the main thing.
  8. Hi PatB,

    Could you expand on this for me - I want to ensure I understand this law properly as it is a key one for riders.

    I was under the impression that the law requires you to stop on an amber "if it is safe to do so", which implies the driver or rider has to make a judgement call on the safety or otherwise of braking / stopping or going through on each amber they encounter.

    It appears that nathp used the information available to him, and made the judgement call that the safest course of action in this scenario was to go through rather than try to pull up, in which case (to my thinking) he has done nothing wrong. Placing myself in his shoes, he has made a legitimate call based on the information he had available.

    Now as I type this, the phrase "what he knew or could reasonably be expected to know" comes to mind. Did nathp position himself on the road in such a way as to maximise the information available to him, i.e. line of sight? The van obscured his view of the car that he eventually collided with.

    Not wishing to over-analyse nathp's unfortunate accident but I wonder whether perhaps I need to sharpen my own understanding of this law!!!

    Happy to stand corrected on my understanding of the law, or advised if there's something I'm missing in my thinking.

  9. Agree that it's a judgement call. The default position in the Road Rules is that amber is a STOP signal unless circumstances dictate otherwise. The "if safe" can be interpreted in a number of ways and (and I may be being overly cynical here) I suspect that an insurance company will take the interpretation that is most beneficial to them, not you. That is, if there was room to stop and there wasn't another vehicle up your arse, you should have stopped.

    That said, fully comp insurance should still pay out. Where the difference would lie is in matters of excess and no-claims bonus.
  10. From the Vicroads site, http://www.vicroads.vic.gov.au/Home...les/TrafficControlsAtIntersections.htmTraffic and the way you've decribed continuing through the "yellow" nathp, you should be fine.

    Good to read you're ok. Be sure to have yourself checked out by a doc just in case.
  11. Good to hear you're ok, but wot he ^ said..... get checked out asap

    that said, I'd be surprised if its an easy claim.....when it comes down to it her insurance company may not like admitting fault as easily as she did... so maybe be a lil' prepared for an argument.
    A timely reminder to all to be careful........... and never,never, ever admit fault yourself........even if you run over a whole bunch of kittens on a pedestrian crossing. LoL
  12. as already suggested, get yourself a professional medical check, even though I'm sure the paras were right in their assessment; doing a swan dive over a car bonnet should have bruised something.....
  13. Were the van and car behind it stopped with an orange light before making the turn across your path ?
    If so, they failed to obey the traffic signals and you should make this clear to your insurer and the police if they were involved.
  14. hey guys thanks for the messages and especially for clearing up the vicroads definition of the lights too as above probably wasn't safe to hit the breaks and stop but after the accident looks like it was the wrong call in hindsight.

    the van and car were stopped and then went, missed the van and i was on the breaks but the car behind the van went and thats what i hit unfortunately.

    double checked my gear tonight and helmet/visor have a few scratches, bit of a graze on the right knee of my jeans, scratch on the right elbow of my jacket and gloves look like they might have broken some of the stiching. found some of the car's paint on my boots but no damage to them

    i'm going to call everything2wheels tomorrow to see if they can pick up the bike and do an assesment on it and go to a GP to get checked up just in case after checking my gear.

    but after thinking about it for a day now i reckon there's a few things i'll do to change my riding, i thought i was a pretty safe rider before this because i had eyes on the van and had both breaks covered ready to break if i had to (i do this normally when going through intersections because of a few stories i've been told from more experianced riders). things i reckon such as start slowing down before an intersection even if the lights are green but every situation is different and i just need to get back on a bike and see how it goes. going to look into doing an advanced 1 course with HART to help improve my skills and awareness further as well

    i've got a few pics but they dont really show much of the bike and i'll get better ones tomorrow:
  15. Good landing! A little bit of good luck goes a long way. :)
  16. Very lucky indeed, nathp ! Happy to hear you're well and without sounding like a broken record..what all others above have said.
    Unless there are other more damaged parts on your bike, I'd say it looks like a minor scuff took place ! Your evasive and good piloting skills are obviously evident in allowing you to 'walk away' from the accident.
    Kudos man, and more respect for your advanced/further training intentions (y)

    PS - Have you bought a lottery ticket yet ? :D
  17. Again stating the obvious, but your helmet is toast. Make them pay for a new one.
  18. haha thanks i'll definately be getting a lotto ticket tomorrow on my travels.

    yeah i'll be retiring that helmet and let it take pride of place on my desk. Shoei job well done
  19. Perhaps a mount to be attached (for a GoPro cam) on the new helmet ? (y)
    Footage of your accident would have been invaluable.
  20. Thanks PatB, you're right - they will try it on for sure.