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legal advice required !

Discussion in 'General Motorcycling Discussion' at netrider.net.au started by itzaquik, Jun 25, 2005.

  1. Hey fellow riders.

    I am requiring some legal advice from anyone that can shed some light on for me.

    I was crusing normally at about 40km when a cage slammed his brakes on to commit an illegal U turn which is clearly marked " No U turn "

    This unfortunatley had caused me to drop the bike. The cops refused to do anything and threatened to give me an infrigment notice for following too close if I took it any further.

    Is there any advice that you fellow riders can give me to pay back.
  2. glad you're ok... much damage?

    do you have any independent witnesses?
  3. Best advice is leave more room. Cages will do this from time to time. You can't prove the driver's intention to u-turn so you've got nowhere to go. The law is basically designed to say that you must always drive in a manner that enables you to avoid an accident, and if you are the vehical behind then it's your fault regardless of how stupid the other drivers actions are.

    Remember, cars also have to face hazard on the roads. Kids, dogs running on the road, changing conditions, an accident ahead etc... The first thing they do is slam on the brakes so give them plenty of space. We do ask the same of them.

    I'm not suggesting you were tailgating. I'm sure you weren't. :) However, if you didn't have room to stop safely then you were still too close. Treat it as a learning experience. Are you and the bike OK. Hope to have you both back on the road soon. :) :)
  4. You're pretty much stuffed unless you can get a good lawyer.

    This happened to a mate of mine. Because there's no contact between the vehicles, you're at fault for laying it down.

    Besides, if you're only at 40kph, and you couldn't stop in time, you probably were following too close or you need to work on your stopping technique!
  5. dont bother, you were in the wrong
  6. because he broke the law, you may be able to get him to share some of the blame, but I don't like your chances. I don't know if you need make contact to be at fault, if another car drives in a manner that causes you to have an accident, then they can be at fault...or so it has been claimed previously on these forums...
  7. Thanks Dan.

    I was going along those lines as well. If the driver did not do the U turn, I would not be in this predicament.

    * walks away shaking head and waving arms around in disgussed.
  8. I'm gonna ask, 40kph car in front stops and you drop your bike...............were you not looking or daydreaming? do your brakes work? and once down on the ground did you slide into the car?
  9. Nah...bike has minor fairing damage. nothing severe. Just pisses me off that cages can get away with that and the cops wont do anything about it.

  10. you never answered anything though!
  11. It's because the cops can't proove in court that the car did the u-turn. They can proove you stacked your bike and you've admitted it. Yes it is illegal to stack your bike. It's called failing to remain in control of your vehical.

    I'd also hazard a guess that the cops figure you were riding too close if you couldn't stop at 40kph.
  12. No i didn't slide into the car...stopped a few metres from it. The car basically stopped on a dime to make the u turn...had the head turn right to look at other oncomng traffic and wala.....car stopped sitting right in front of me.
  13. 4 wheel disks do help them stop quickley. Sounds like it was his braking that caused the stack, not the u-turn. Braking is not illegal. Had he cleaned you up in the process of making an illegal u-turn it'd be his fault, but he didn't. There was no collision so it can only be attributed to your riding. Sorry, there's no way to make him pay. Glad to hear you're OK though.

    YOU were tailgating
    YOU didnt use your brakes effectively
    YOU lost control of your vehicle

    If I were driving along in my car, I certainly wouldnt be paying anything
    to a biker who randomly crashesd BEHIND me!!! :evil:
  15. Thanks for the comments. I will be back on the road tomorrow.
  16. :applause: :applause: :applause:
  17. It's good to read that you and your bike are ok.
    Its sad when unfortunate things like this happen and ruin a nice day out enjoying your ride.
    Unfortunately our roads are full of dicks like these, and its lucky no one hit you.

    Karma will get him if nothing else does, maybe the driver will do an illegal U Turn in front of moving traffic next time.
  18. Unfortunately you dont have a leg to stand on. You were following to close they will say and thats that. I know it sucks but you would be best not to pursue as you could get that charge they were talking about.
  19. reminds me of when i was driving my first car when i was about 20 and ran up the back of some guy because i was distracted perving on a girl walking past :LOL:

    after i rear ended the guy he got out of his car and came and punched me through my open window :shock:

    when the cops arrived (my car had to be towed as i had punctured the radiator i told them the guy had assaulted me and their response was that if i wanted them to pursue it, i'd be charged with neg driving...

    luckily i lived to fight another day :D
  20. well I disagree
    very much the same happened to me Boxing Day 1999
    following a guy...
    who did not indicate and who who tried a Uturn next to a NO U-turn
    couldn't quite get around so he stopped blocking the road
    I put the bike down to avoid t-boning him
    I ended up sitting on the road against his drivers door :shock:
    the bike was badly damaged ( a 60kmh putdown was bad)
    I went to hospital to have the knee checked..and 2 days later rebuilt

    the car driver..?
    charged with an illegal turn, disobeying a sign and dangerous driving
    (on account of me ending up in hospital)
    In court, the DD charged was dropped but he pleaded GUILTY to the other
    2 and copped $750 and 3 months loss of licence
    HIS insurance co paid for the bike
    TAC paid for my knee

    my local plod who attended..were good!