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Retreads and Projetiles

Discussion in 'Politics, Laws, Government & Insurance' at netrider.net.au started by say_wat, May 5, 2005.

  1. Who is liable for the damage if a Truck blows a tyre out and smashes our bikes into smitherines? Do we chase it up and grab their details, do we heal our wounds? do we grab their numberplates?



    I've never thought about this, but since i dont have comprehensive insurance, if such a thing occurs and i dont have any details am i buggered? even if i do get details, is a person liable for the damage resulting from their re-treaded tyre flying loose?
     
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  2. Yes they are liable for depositing crap all over the road.

    Tyre carcasses (?sp) can be bloody lethal.
     
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  3. Negligence:
    - did they owe you a duty of care?
    - did they breach the standard of care owed?
    - were there damages caused?

    yes yes yes? yes you have a case in negligence.


    Disclaimer: I'm not a lawyer of any kind! :)
     
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  4. I guess it's a very real threat - you'd be in some serious trouble if there was a blowout near you on a freeway. Not only are you likely to get thrown off, you're also likely to get mown down by half a dozen cagers before someone stops too! :p
     
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  5. Way to revive a cold thread Tenoq!
    Post Whore :p
     
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  6. So is this the other sied of Sir Skuffys story, the plot thickens!! :LOL:
     
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  7. This happened to me and my wife about five years ago. We were travelling in the tintop (thankfully we were this time) along the Monash Fwy, away from the City towards the Blackburn Rd exit. Truck was passing us in the outside lane, just as his back wheels got level with the bonnet, one of his tyres blew. It blew the shitty aluminium mudguard straight off. Luckily it was light and was caught in the slipstream of his truck and the car and sailed over the roof but it hit the car behind fair and square in the radiator grill. Luckily traffic was light and truck was able to pull over and the people in the other car were in shock. I was a witness, just in case the truckie claimed it wasn't his fault (yada...yada...yada). Only time ever I was glad I was in the tintop and not on a bike. Ally mudguard could have decapitated a rider if it hit them.
     
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  8. I was travelling along the westgate freeway approaching the Burnley tunnel when a metal projectile flew off the top of a truck and spun like a card being flicked towards me.
    It bounced on the road ahead of me then took a spin and collected the left cylinder head ripping off the spark plug cover. and hit the underside of my boot.
    Couldn't get truck's rego or anything so I had to pay to get a new spark plug cap which for a BMW costs $25 (bastards) Not to mention the 10 cent piece sized gouge taken out of the front of the cylinder head.
    Could have been worse could have been my leg which copped the brunt of that metal object.
     
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  9. Simular thing happed to me, got hit by something someone threw out a window on the freeway, I believe it was a buscuit of all the things, but it hit me square on the side of my helmet almost throwing me off the bike with the force it hit. Had a look at my helmet later on to find a 5mm gouge out the side of it, thank the lord for full face helmets
     
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  10. Every time I travel on the Westgate I remember you telling me about that

    :shock: :shock: :shock:
     
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  11. Saw one onthe calder on Friday night.

    Truck blew a tire - rubber everyweher almost hit our car but DID hit a bike rider in front of us!!!.....kept it upright though. lucky guy as we were all doing about 100 at the time.
     
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  12. I always overtake trucks, no matter what my speed on the bike. I don't like taking the risk of wearing a retread.
     
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  13. You need to look out for cagers with improperly secured loads too,i nearly had my head taken off by a sheet of corrugated roofing coming off the back of a ute years ago,i ducked my head hard enough to dent my tank,so yes,i fair crapped myself.Be careful out there and dont sit behind trucks or cagers with crap tied to their cars/utes. :wink: 8)
     
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  14. I had a similar incident. A truck threw a tread a few meters ahead of me, in the lane next to me, on a freeway. I thought it was going to wrap around me.

    Every since then I don't hang around beside trucks.

    I has a think about it at the time and my guess is the truck driver can't be held responsible. The oniss is always on you to miss obsticles on the road.

    But the druck owner definetly morally corrupt, for putting retreads on and the driver for driving at that speed with crappy tyres.
     
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  15. That's a BMW for you - protect you to the end.
     
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  16. yeah i was on my pushy on the higway (100kph) and some sic cun75 thought it would be a good idea to throw a 1kg csr flour thing at me (which didnt explode on impact, i found it on the road) phuckers!!!! nearly busted a few ribs and knocked the wind out of me something cronic.

    it probably wouldnt have been so bad if it had have hit me side on and not with the bottom of the package.
     
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