Welcome to Netrider ... Connecting Riders!

Interested in talking motorbikes with a terrific community of riders?
Signup (it's quick and free) to join the discussions and access the full suite of tools and information that Netrider has to offer.

I came off my bike... Doesn't end there... [pics added]

Discussion in 'General Motorcycling Discussion' started by WowlTurkey, Sep 23, 2008.

  1. So yesterday, I'm sitting at home at about this time. Was SO sick of watching kid's TV shows so thought I'd get in a quick ride before the Missus came home. Funny thing is I had a weird feeling about it before I even left.

    So I set on my way heading towards Mona Vale, when I got there I saw the thick ass black clouds heading over (NOTE: It didn't rain during the whole incident). So I've headed down Park St. in Mona Vale to turn right onto pittwater road to head south towards manly. The lights were green and had been for a while. So I'm approaching the corner probably at around 50Km/h and look both ways as I always do - green light or not.

    Heading through the turn, out of nowhere a speeding car flies through the red light from my left. Hesitating, as any normal person would, I began to squeeze the brakes and lean the bike over a lil farther.

    Virtually horizontal, the bike slips out from under me and both the bika and myself narrowly missing the rear of the car. So I'm enjoying a pleasurable ride on my belly facing oncoming traffic, just chilling, meanwhile my knees, thighs, belly and hands are being torn to shreds by the unforgiving bitchumen.

    At the last moment I hear a huge CRACK, only to turn around and see my bike in the gutter with bits of fairing, brake levers etc scattered around me.

    An off-duty officer came over to assist me, and help me get the bike off the road. He didn't see what happened, but didn't look too impressed. So he called the local cops and ambo's, i'm sitting on the side of the road bleeding like a biatch, shaking and wanting to find the red-light runner.

    Anyway about 10 mins later the ambo's rock up and bandage me up, ask if i'm ok, and they're on their way. Another 10 mins go past and the local coppers rock up and ask if i want to make a report. I told them what happened - that I was making a right hand turn through a green light, avoided a collission with a car running a red light and ended up sliding to the gutter from the 1st lane... When asked for the plate number of the car running the light i told them i didn't know... Basicallt because I was on my stomach facing the wrong way while being delt a sever gravel rash. They asked for any witnessess. Well, there were none there to verify.

    SOOOOOO they hit me with a $280 fine for negligent riding, due to the fact that I was injured and the bike was not ridable. What the fcuk? I'm injured, the bike is fcuked, wasn't my fault and I get the fine?

    What pissed me off more was that it was peak hour traffic. The roads were packed with people coming home from work, and not a single person stopped to offer assistance. greedy fcukers.

    I was wearing my bike jacket which slid up my stomach as i was sliding down the road. Massive burns and cuts on my knees (Need draggins, not normal jeans ) and my gloves slid half way down my hands so the heels of my hands have seen better days.

    Luckily I was going to buy new fairings for the bike anyway, but still, not a pleasant hour to experience.

    Needless to say, taking the fine to court. What a crock. How dare they fine me for losing control after someone else ran a red light

    I have photos, but can't remember how to post em

    not a happy chappy :(


    P.S. Claim-to-fame: Went to Manly hospital later that night to get cleaned up and knee x-ray'd In the waiting room I was sitting next to a talking to the clergy-man from dee why who was held up last night. Just saw him on the news, thought i could claim it? lol



  2. Man thats crap

    Sucks how cops act like robots

    Hope the court thing goes well, and you heal up man

    In the mean time sounds like you need to gear up better. Tighter jacket and better gloves.
  3. That's awful. :cry:

    Though I'm guessing that the intersection isn't large enough to have a red-light camera mounted?

    They love 'em here in SA.
  4. Nah, there is only one red light camera here in my area. unfortunatelly thats not the intersection. having said that, it isn't a small intersection
  5. I recall having a discussion with some NSW trail riding mates about TAC cover in Victoria, and one commented that we have a more reasonable system here in VIC. I was lead to believe that in NSW, no accident can be reported without someone being at fault. If not having a plate to ID the other vehicle that ran the red, this may in fact mean that it's considered a single vehicle accident where you were at fault.

    I feel for you though, and this is where having a witness would have helped. If that had happened in front of me you can bet I would have stopped...
  6. I know, not much i could do... absolutely NO ONE stopped to see if i was ok, only the off duty cop who spotted me after about 5 mins from across the road and he didnt see anything... :(
  7. thats fcuked..

    hope you get better soon man.
  8. That sux wowlturkey. And the fact that no one stopped to see if you were ok (besides the cop) is really sad. I can't imagine witnessing an accident and not stopping.
    Hope you and the bike get better soon :)
  9. One of the larger ones - three lanes each way

    Sorry to hear dude, heal up well.

    All the best at court
  10. That is really shithouse, man.

    You're not alone.
    I know of a bloke who had to contest a neg driving charge after he hit a roo that hopped onto the road into him.

    I know it's a big ask, but seeing as you're going to court anyway - could you do us all a big favour?

    Could you:
    1) Keep a diary and tally up all your costs associate with the neg driving fine. Whatever time you spend reading notices, working on your defence, etc - keep a diary and figure out what your time is worth in lost productivity, etc. Even if you get out of the fine, this is what it cost you.

    2) Write to your local member of parliament about the fine which has cost you [$x as detailed in attached summary], given to YOU after someone else ran a red light causing you to fall off your bike in the process of evading them to preserve your life.
    Request whatever law results in the automatic issuing of neg driving fines be reviewed and amended.
    ALSO ask them who to submit your request for reimbursement of your costs to: the police? the state government? the legislature? and to assist you in getting a satisfactory outcome for you who has suffered so unjustly.

    If you want some help writing the letters or anything, just ask. A few of us are well written around here, some even have legal backgrounds. It doesn't need to be special though: you're just writing as an Aussie Battler who's been screwed by the system :)
  11. if the police officer didn't see anything you'd wonder how they are going to succeed on a negligent driving/riding charge as they wouldn't have any evidence that you were riding negligently. :?

    just because you came off doesn't mean you were necessarily negligent - their case may not be very strong without any evidence and the burden lies with them....

    i know it doesn't make the situation any better - sorry to hear about your off and even worse that no one came forward! :mad:
  12. ktlulu, will do mate, i'll do the best i can. it needs to be done!

    I agree, their reason for it was basically, the bike was unridable and I was injured therefore I HAD to make a report... Even though they had asked if I wanted to or not.

    First, they said, "Do you want to make a report?" I said I didn't know the plate of the other driver etc. but "what were the benefits of making a report?"
    They said nothing, there was no other driver involved that can be proven
    So i say, fine, don't worry about the report, then they turn it arond and say it was neg riding therefore a report is compulsory... meh
  13. presumably in your report you referred to this other car who ran the red light etc etc? i would have thought that could support your claim as it was a statement given at the time...?! :?
  14. That sucks big time.

    Although I would have thought that in the absence of any witness to the contrary, it would be difficult to suggest you were acting negligent in any way.

    Once it gets to court though it will cost money to contest. Any possibility of trying to stop it going to court by writing to the cops and asking them to review their decision on that basis? Maybe even try a review by Ombudsman if they decline. Don't know enough about Administrative procedures in NSW to know if this is possible or whether it stands any chance.
  15. you'd think the statement would hold up to a point... Not sure what these guys like to do or how they like to twist stories.

    I didn't get to ride at all today! So frustrating lol
  16. +1

    Speak to the Senior Sergeant in Charge of the applicable police station.
    If you are not happy with outcome/explanation, take it out of their hands
    & let a Magistrate decide.

    Police didnt see the incident & no witnesses so how they can prove you
    were negligent is beyond me. The accident alone is no proof of negligent
    riding when you refer to the definition under NSW law.

    Section 42 of the Road Transport (Safety and Traffic Management) Act
    1999 (NSW) creates an offence of negligent driving on a road or road
    related area.

    "Negligent driving" is driving at a speed dangerous or in a manner dangerous to
    the public.
  17. See, this is exactly why the justice system and the police are held in low esteem by so many members of the public.

    The justice system is not meant to be an angry parent who chastises and punishes their offspring. It is supposed to be a system where there is a deterrent to committing an offence and where the punishment is commensurate with the crime.

    In this instance, a law that says you must be punished for an offence that you didn't commit serves no purpose. You are not deterred from making the same mistake again, as you were not at fault. You are simply being punished for being in the wrong place at the wrong time.

    By the same reasoning, if you're found battered and bruised after a mugging and you can't identify the assailant (and there were no witnesses), you should be charged with an offence related to a fight. After all, you don't get that way unless you were engaged in some form of fight, do you?

    Meanwhile, politicians debate the size of their stroganoff servings in their subsidised canteen.
  18. it's a common NSW police practice, if a rider suffers a single vehcile accident, and an ambulance is called, a report must be made, and a neg driving charge given out (the actual charge is for not riding to the conditions, resulting in a motor vehcile accident), without a witness, there isn't anything but your word, some cops will leave it, some like to flex their power
  19. That's totally fcukED ! Big Time :evil:
    Hope all goes your way in court mate