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Who’s responsible for the crash?

Great article by Lance Oliver

Legally the vehicle that intruded into the path of the oncoming (right of way) motorcyclists is at fault.

To the overarching point of the article so what, you’re now dead… who cares that the car was at fault, you the motorcyclist are riding a vehicle that is easily lost in the fray and need to take on this responsibility to protect yourself.

For example, my passenger helps by being an extra set of eyes to inform when others are distracted around us - taking responsibility for this awareness we reposition to avoid ‘causing’ an accident.

Not to sound brash or offensive - get out of here with that don’t tread on me BS I’ve had about enough of the idiot attitudes in that area of the world, it’s that righteous pretentiousness that gets you and others around you killed.

So, at the end of the day - the motorcyclist is responsible for the accident…. Like it or not that’s the way I see it on these two cases and my wife, Blue and I will live to ride another day due to that belief.

Thanks for posting the article and posing the thought Steve!

Wayne, Carol & Blue
 
..the main reason I've run headlight modulators on my c10 and c14, TO BE SEEN! We must do all WE can to make the other drivers aware of our presence. Shifting positions in the lane as the situation arises was a great suggestion and I've been using it since I can remember. Hi viz clothing and helmets help, but if ur static in ur lane u blend in with the background. Situational awareness was something those of us in law enforcement had grilled into us, so it was easy to transfer that mindset to riding.

Be aware people, heads on swivels, and anticipate, and practice taking action/reaction. Ride safe my friends.

Join for the bike, stay for the PEOPLE!
 
My first motorcycle was some Suzuki two-stroke back in 1980, and it was used back then, so you can imagine the level of technology it had. The relevant part of that bike, was that for the horn to work, you had to have the revs up and even then it was about as loud as you shouting at someone. It taught me to rely on myself, not the other driver, to keep myself out of harms way. Not a horn, or the other driver seeing me and respecting my space.

Lane positioning is important to me. It changes based on the situation. I place myself in the position to be seen and to "protect" my space. My goal is that no one looks at where I'm at and thinks it is open for them to move into. So far, it has worked.

And it helps to have a guardian angel watching over me. ;)

Chris
 
one other important thing is that you should always know what is behind and around you. It's so easy to become complacent ona ride especially a long one and forget to constantly scan your surroundings. if you get into a tight spot and don't know what's around you, where do you go?
I look as much behind me as I do ahead of me. I always scan the wheels of the cars around me because that is the first thing you will see moving into your direction. My wife doesn't ride much with me but at the nationals as we were going down that freeway a pick up truck in the left lane started to come into my lane quickly and freaked her out and she moved her body to the right. you know what that does to the bike. I anticipated that any car would make that move and when that happened reacted accordingly but did not expect my wife to react like that. I always tell her move with me but did not anticipate that situation and her reacting like that..... that's on me.
 
I learned a valuable lesson last year. I was in the big city at a large intersection. I was in the left turn lane sitting in the left track and all the way forward at the white line. I was first in line. Just sitting there waiting for the left turn signal to go green when I see an old chevy truck coming straight at me. He was turning left, coming from my right. Luckily he saw me at the last second and swerved, all I had time to do was lean to my right a few inches which saved his mirror from hitting my windshield. I got a real good closeup look at him, probably a meth head with a few teeth. I thought I had been through all the different dangerous scenarios but this was a new one. My city skills are probably lacking.
 
..the main reason I've run headlight modulators on my c10 and c14, TO BE SEEN! We must do all WE can to make the other drivers aware of our presence. Shifting positions in the lane as the situation arises was a great suggestion and I've been using it since I can remember. Hi viz clothing and helmets help, but if ur static in ur lane u blend in with the background. Situational awareness was something those of us in law enforcement had grilled into us, so it was easy to transfer that mindset to riding.

Be aware people, heads on swivels, and anticipate, and practice taking action/reaction. Ride safe my friends.

Join for the bike, stay for the people. I
I used to run modulators but never will again. While aproaching an intersection that needed a traffic light, an oncoming truck turned left in front of me and i almost ate the rear right quarterpanel . I followed the driver ( no not raging) who was turning into my neighborhood; as i was. When she stopped at her house I removed my helmet and asked her politely why she did that. She explained that she thought i was flashing my lights to signal that I would hold the traffic behind me so she could cut across my lane for her turn. Imagine it… stopping your bike in the middle of the lane to hold off the vehicles behind me. That’s not good for your health, and niether would being run over by the truck. No more modulators for me.
 
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That certainly was a odd response from her. I've had more vehicles pull over, assuming I'm a motor cop. That's from both oncoming and me behind vehicles. Apparently they forgot about emergency vehicles having red and blue lights on them as well..
 
..the main reason I've run headlight modulators on my c10 and c14, TO BE SEEN! We must do all WE can to make the other drivers aware of our presence. Shifting positions in the lane as the situation arises was a great suggestion and I've been using it since I can remember. Hi viz clothing and helmets help, but if ur static in ur lane u blend in with the background. Situational awareness was something those of us in law enforcement had grilled into us, so it was easy to transfer that mindset to riding.

Be aware people, heads on swivels, and anticipate, and practice taking action/reaction. Ride safe my friends.

Join for the bike, stay for the PEOPLE!
I read an article where the author stated people basically zone out and dont notice objects approaching. I ride a lot of rural highways with gravel roads intersecting, the kind where people race up to the stop sign so I often do a little swerve in my lane just to draw attention to myself. I also do this when meeting vehicles on highways with little traffic while still a ways off. Dont stay static!
 
That certainly was a odd response from her. I've had more vehicles pull over, assuming I'm a motor cop. That's from both oncoming and me behind vehicles. Apparently they forgot about emergency vehicles having red and blue lights on them as well..
I got pulled over by a HP . Told me it was illegal to mimic emergency vehicles. I know the law but didnt want to take the time to educate him. Took the warning and removed when I went to LEDs.
 
I read an article where the author stated people basically zone out and dont notice objects approaching. I ride a lot of rural highways with gravel roads intersecting, the kind where people race up to the stop sign so I often do a little swerve in my lane just to draw attention to myself. I also do this when meeting vehicles on highways with little traffic while still a ways off. Dont stay static!
I do the same thing - swerve at oncoming vehicles that “don’t seem right”. During the swerve I try to point my headlights at the driver. That wakes everyone up, when they think they have become the prey.
 
One thing Ive noticed over the years is how the color of a MC can effect how much it shows up....That light/sky blue Goldwing used several years ago..I use to meet one on my home road all the time, with the headlight on and sunshine, that thing was in stealth mode...
 
That certainly was a odd response from her. I've had more vehicles pull over, assuming I'm a motor cop. That's from both oncoming and me behind vehicles. Apparently they forgot about emergency vehicles having red and blue lights on them as well..
My thought as well.

I had multiple cars on State and National Highways pull to the side when I was running my modulators thinking I was an LEO

Not running them now but that is because I have been running the Cyclops LEDs
 
I used to run modulators but never will again. While aproaching an intersection that needed a traffic light, an oncoming truck turned left in front of me and i almost ate the rear right quarterpanel . I followed the driver ( no not raging) who was turning into my neighborhood; as i was. When she stopped at her house I removed my helmet and asked her politely why she did that. She explained that she thought i was flashing my lights to signal that I would hold the traffic behind me so she could cut across my lane for her turn. Imagine it… stopping your bike in the middle of the lane to hold off the vehicles behind me. That’s not good for your health, and niether would being run over by the truck. No more modulators for me.
I've always felt that way about modulators and have seen that same thing happen . In many other countries flashing lights means exactly that , go ahead .
 
I agree. To the statement that it's our fault. And that should be ok - it's our fault. We take it and LEARN. Even if the other person is legally at fault, we have culpability (in my mind) in one thing....what did we do to defend ourselves? For me, it wasn't her, it was me. I was at fault for not taking care of me.

This is discussed and hashed and rehashed time and again, but it's to you, the rider, to be as safe as you're willing to be. Bright clothes or not, helmet or not, armed or not. Speed or not! All YOU. Not the other person, driver, conditions, etc. If they are asleep while it drives, you need to do you. If they are on the phone, playing Tetris, it's on you to get you away from that danger.

Would you continue to be in a dangerous situation with your family? Would you just continue to drive / ride on your path if that thing coming at you didn't change paths? No you wouldn't. Survival and instinct to get out of the way! Move, duck, dodge; self-preservation is what will happen. So why blame that other person for your inactions? Flame me, but I'm taking responsibility for me, mine. Move, leave, sideline and if needed, hope my instincts react correctly. But I will be to blame for my lack of perception, preparation and situational awareness to act.

Steve Sefsick you and others have been there when I goofed in Arkansas 12 or so years back. Fixated on a corner and drove myself off. Dual sporting a Connie over a cliff is not a good plan! But it was me. I f'd it up. Leaned over and just fixated on the edge and rode into and over it. Re-conquered that beeotch at the Razorback Redux! BOTH directions, twice! 😝

That's what I thought after my Alabama incident. I was really at fault. I came to that in the last few years that if I, ME, the person who stands to gain the most of my well-being, I could have done more to avoid the 'accident'. I figured it was me who could have done just that little more, been a little more aware or in the moment and I could have avoided that 3000lb missile. Training, focus, just attention to detail. Anything to save my bacon. And it didn't happen. I let myself down by not being cautious going past that unknown lane.

I did not, NOT blame that woman for running the red light. She damn well did, blatantly so and proven by witnesses and law enforcement. Even though she lied to law enforcement and her insurance and proven wrong, she probably still lies to herself to this day that the light was green for her. Calculations showed that by the time we 'crossed paths', the light was red for her direction of travel for 4+ seconds. It's red in all directions for 3 of those seconds at that intersection. Count those 4 Mississippi's out in your head. It's a long time on red! And we think it may have been longer since I didn't start at the instant of our lanes of traffic changing to green. But she was locked on her need, her objective and I wasn't locked on that possibility. I wasn't in the moment enough to assume the worst.

But I circled back to my training (yeah, MSF, etc, etc), my years of riding, my 'experience' and wondered what it was I missed or did wrong in this situation. And only one thing came up - I failed to hard eyeball that one far lane and what was behind the box truck in the second to the last lane. What I was worried about was the cross lane, the one that normally would have been a left turn lane across our path going through the intersection. That's so ingrained, so important to me, trained to be aware of, I focused on that big Ford across the way. And let me be clear, this was crossing a one-way street! That big Ford could have NEVER turned across my path - he would have been turning into all the cars lined up and where the red-light runner did come from. But my 'training', spidey senses and mental capacity was on that truck. Those left turners are killers I tell ya! And yeah, they are. But not here. Not now. One way traffic from my right to my left meant he was never any threat. So I, the one in charge of my fate and actions, and f'd up.

So the run down of the situation: I realized the light turned green for me - I had just peaked down at something on the dash, GPS or phone GPS, looked up and saw green and pulled away with Tom Sills on my six. I crossed 3 lanes before getting to that 4th lane. And as below, a big box truck, white from what Tom tells me, was in the 3rd lane at the time, was hiding that missile. This is not that day, but perfectly illustrates what I did wrong. Note that green/black car in lane 4, red arrow? I couldn't see that at all. Cars filled the lanes, maybe 3 or 4 back at this point. And I was again focused on the cross intersection 'left hand turner' that could have never done that. So, light green, I go, and keep an eye on that lane way over there in case he was to turn into me trying to turn himself into all that stopped one-way traffic. Yeah, that was really mistake #1, with me making mistake #2 and missing that missile coming in the lane on the other side of the box truck.
1689867167892.png
Here's the view of the one-way lanes.
1689867551029.png

Heading across, the missile was going 40 possibly more into the intersection, again 4 seconds or more after her light turned red. About where that jeep is in the pic is where she was when all lights turned red. She ran it and crossed my path instantly and we collided.

Bike nap time! Spun a full 180 from the direction of travel. Burn out because it was locked in 1st gear, throttle twisted full power due to the impact. Snapped the left bar clean off and although bruised, hand didn't break.
1689868577888.png

Front end a little bent 😦 and you can just see the jagged edge of the handlebar behind the windscreen. That would have been nasty to impale myself on. But I went clean over the windshield. never touched it at all. And we think I cleared the car pretty good. All parts broken or bent on my body were from my impact on the ground.
1689868960021.png

Had I been 1 second faster on giddy up and go, I would have been broadsided and likely dead. Hard to write that. Really hard. It still haunts me just how close I was. As it was, my slight delay in going put me right at her rear quarter panel and throwing me up and over the back of the car and into the road. Messing up various parts of my personal body. My choices were good or lucky for gear. But without I would have likely been severely hurt, brain damaged (*ok, easy y'all, I know I am already!) or messed up way longer than I was. Really messed up if not again, dead.

So, from my point of view, that whole area on the one-way side was packed with cars, all at a standstill. Couldn't see that far, outside, danger zone lane. Her little white Hyundi was invisible until literally her face and blouse were directly in front of my windscreen. I had zero time to break, swerve or even think anything. Bike still in first, ready to pull second maybe, all of maybe 25 to 30 mph on my part, but it was instantaneous, flash to bang. And again, I blame myself for ending a 12 year relationship with that bike. And no longer having my riding pilon. No, she was luckily not with me on this ride, but was on all the others leading up to this scouting trip. And now every ride, with friends, or out on a Sunday, she's at home or hotel or wherever, just not with me because of this one, little mistake I made.

I should have monitored that lane since it was a total unknown. I should have KNOWN that it was a danger zone, a threat to me and one I needed to account for or be prepared for. I was responsible for my actions. All legal. And all life threatening in this situation. The missile wasn't legal or in the right. But that didn't matter. It was my fault for not looking out for myself. For my family and my friends. And why I'm just a little more aware, a little more leery, a little more, to be honest, scared to ride. And that hurts to write nearly 3 years later. I chit you not.

Last pic, the evening before being destroyed in Guntersville, Alabama.
1689872706410.png

Modulators, meh. Take'em or leave'em. Do what you need to do to mitigate that possible fault in the human brain. The one that 'just doesn't see us'. And think about that when you're at a turn in your car....looking out for bikes? Hum? Riding I use stupid bright lights and wiggle a bit like Steve when approaching something I classify as a threat. So see some of ya at Beat the Heat for those that are coming. Those that choose to risk it all, for this pleasure, see ya on the road! But for me, if it happens again, I'll be in the camp of, what did I do wrong? Always learn from your mistakes.

Whoa, this is probably my longest post ever!

Mike
 
MR. Mike. I read your whole post. Reading this will help me to be more aware when I ride. ( Thank you Sir ) I almost lost my life 15 years ago in something very similar. Thank you for sharing that with us. You might have saved someone's life by making them think twice before they do something close to what happened to you. Bad things can happen quickly when you least expect them.

Dean
 
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