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Nepean highway .. Stuffed knee

Discussion in 'Your Near Misses - A Place to Vent' started by Mikey213, Jan 23, 2012.

  1. So im sitting in frankston hospital ed.. For the last 4 hours.. Was coming down the highway to my doctors office.. Turn in to the turning lane.. Theres another car.. No indicator lights on.. Going slow, figure shes turning so im already slow cause im turning in also.. All of a sudden she brakes to a dead stop. I swerve around her and as im swerving my knee hits the back of her car.

    Foreign woman gettin all hysterical.. Sayig call the police.. Im like hang on wtf did u brake for and why didnt u turn or indicate.. Theres **** all room. I look down and my kevlars are ripped and a sharp pain in my knee. The bikes fine.. Big **** off dent in her car from my knee.

    Tailight broken.. So i ring the police.. And shes yelling at me... Even though it was her fault.. And im lucky not to have been collected by passing cars. Police say exchange insurance.. My bikes fine.. And i rang my dad.. Who said to go report it and go to the hospital because by now, my knees throbbing. Still is.. And i have to go to the cop shop again tmro.. With my stuff from he hospital.

    Not a fun day..

    Just waiting fir x rays and a doctor.. My knees swollen and throbbing.. Im supposed to be riding to sydney on monday.
  2. Ouch! That's a big dent for a knee to cause!
    One thing though: I would be VERY careful about taking enough evidence to the coppers, to prove that you ran up someone's arse ;)
  3. sorry to add reality to your pain but you hit the rear of her car, you're in the wrong
  4. You were 100% in the wrong, you made an assumption without looking for an out then ran into the back of someone, go ahead tell the cops!

    Heal well and learn from it.
  5. Fark, you sure your knee isn't made out of kevlar? That's one hell of a dent.

    Anyway, as said above, you were 100% wrong and you'll get rear ended for your trouble.

  6. Glad you are OK. TAC will cover your medical expenses if you have made an official report to the Police. Keep copies of your medical reports, if you have to take a taxi from the hospital keep the taxi receipt.

    What others have said about hitting a vehicle from behind is fundamentally right. However if you have any witnesses that she acted without due care then a civil action could possibly be mounted on the "Tort of Negligence"

    A duty is imposed on a person by law to act with care towards others. If this duty exists and there is a failure to act carefully and another suffers loss, then the tort of negligence is committed.

    However unless this other driver makes a claim against you it would not be worth the hassle or expense. Let insurance work it out if they make a claim.
  7. The cop said i wasn't in the wrong.. Even though i was behind her...My bike didnt touch her car, my knee did. He said because of my proof and i was the only one who went to the police.. And some other shit. Either way it wasnt my fault, and the police did their job! Gotta get my dad to drop off some stuff tomorrow.

    Had xrays i have blood and liquid in my knee which is why its swollen.. And i have to wait a couple days have more xrays to find out if its fractured my kneecap.

    Ive had pain relief. And gotta rest then go get more xrays.. Just about to go home now. But back to the police.. He said i couldnt of done anything else... She was in a turning lane, and there wasnt much i could of done except what i did as it was low speed, and either rear end her or swerve and i could have easily got collected by oncoming cars.. He said i did very well not to have fallen off.

    So you guys should have some better trust in the victorian police!!
  8. Why?
    The evidence is surely still stacked against them...
  9. hope it all turns out well for you il researve my judgment on trust in the victorian police
  10. Mate, it's the insurance companies who will make the decision on who is at fault not the word of a cop.
    You hit a car from behind, not allowing yourself enough escape room. I would suggest the unfounded word of a cop will not wash in this case.
  11. Im just happy i didnt get hurt worse.. Or damage my bike. And the police are doing their job.. And are on my side.

    Dads talkig to the insurance company now.. And it sounds good.. As i was saying Its a short turning arra.. And the only options i had was swerve an hopefully not get collected by oncoming traffic. Or run up the ass i swerve and my knee hit the car not my bike. My bikes fine..

    Idno why you guys are being so negative towords me and the vic poilce.. I didnt have many options and im glad im safe... Didnt expect to get berated..
  12. im happy too i bought a slab today
    • Like Like x 4
  13. I hope things work out for you, however if she doesn't admit liability then you may have a bit of a fight ahead of you in regards to any compensation from her insurance providers. so if the cops agree that you were not at fault then that is positive. good luck to you though.

    oh btw, I'm happy cause I'm not hungover like I was yesterday... win!
  14. i might be tomorow
  15. Good to hear that it may come down on your side. I don't think anyone is berating you but in any incident it is wise to analyse your own actions in the event and try and think what you would do differently in future to improve your odds. After all you can be hundred percent in the right but still end up injured.

    We are glad you are safe and want you to stay safe mate. :)
    • Like Like x 1
  16. What he said, plus this:
    I am not alone in having been "set up" by a friendly, positive attitude.
    Right up to the point I was charged...
  17. Fixed that for you mate.
    • Like Like x 1
  18. No one's berating you, just trying to show you the error of your ways and there was ONE real fundamental error that contributed to your knee getting clipped.
    Can you see where you went wrong?
    Who is to say she didn't stop suddenly because she thought she was going to hit a bird or a mouse or a cat or dog?, Because you figured she was going to turn you were too close, LUCKILY you had just enough room to just clip her tail light, considering how much damage was done to the tail light maybe you were going a little too quickly for the circumstances?
    Despite what the cop says I still contend you were too close. If you were in a car you would have done much worse.

    Cars going slower than expected without indicating are a recipe for disaster as they are THE most unpredictable animal on the road.
  19. One of my most valuable lessons in my early riding life was about dithering cars.

    I was riding along a suburban street and bore down on a car that was indicating left. It was clear that the driver was very distracted as the car was drifting about on the road, with it's speeds slow but erratic. Not knowing what it was doing I stayed behind it but was getting increasingly frustrated. There was a side road coming up on the left and it seemed to be setting up to turn into it. Beaut! I decided that it must be turning left, so out of my frustration I dived right to overtake... it was just then that it pulled a U turn. The car had jinked left to give it u turn room, not to turn left. It's left indicator was still on despite pulling the uturn. Thankfully my ebrake skills were fresh and I avoided a prang.

    The driver had no idea I was there, despite being behind it for a minute or more.

    These days, I'll use a horn, high revs and even flashing head light to let them know I'm there. And try to keep the assumptions to a minimum.
  20. Speed was slow 10-15klm.. But in hindsight i could have been a little further behind.. There isnt much room.. In this little turning bit.. Its not a full lane its half a lane. But that little bit of extra room could of saved my knee. I am a big guy so my weight hitting the car.. I wss suprised at the dent..

    But anyway.. The positives are my bikes fine and im not dead... I could have gotten wiped out by passing cars.