Guy Cuts In Front Of Me, Motorcycle Goes Down.

[just_some_dude]

I'll try to keep this simple...

 

Columbus, Ohio

 

Cleveland Ave. and Route 161 (Dublin-Granville Rd) a man in a Nissan Murano heading North turning West turns directly in front of me heading South. I had no choice but to grab my brakes otherwise I would probably be in much worse condition (and in his car). My bike goes down and the guy tries to drive off. A few people corner him into the side of the road.

 

He admits that he didn't see me and that he turned into the lane. Witnesses nearby couldn't believe what he did and say that he turned right in front of me.

 

Police show up, say they are going to cite him, guy admits to one officer that he didn't see me and turned right in front of me. My witness leaves, a different officer at the scene ends up taking the report, after everyone leaves and I go to inspect my bike the guy changes his story. Officer doesn't end of citing him.

 

There is a camera at Cleveland & 161, if anyone knows how I can get a hold of video from Friday, September 20, 2013 around 9:30 pm - 10:30 pm that would be helpful.

 

Also, there was a lady who called 911 and forced the guy off the road and stuck around for awhile... first off, thank you. You mentioned you were a rider yourself and witnessed the whole thing. You left before any of your information was taken, or maybe between the lack of communication between officers the information was lost? But, I could really use you as a witness. This guy is making up stories at this point and was not cited because the officers magically had no witnesses.

 

To sum me up at this point, right knee is tendor, back of left leg is 'pinching' along the whole back side, lower back is in spasm as well as front below ribs, and upper back around shoulder blades are a bit sore.

 

To sum up the bike, road rash on right side (any metal parts that touched the ground have about a 1/4" shaved off of them), wind shield is broken off, right turn signal is gone, right mirror is broken, won't start at this point, and wheels are making weird grinding noises.

 

To sum up my gear, right knee of over pants have road rash, air back jacket went off, looks like back of helmet may have touched the ground.

 

... I guess you actually have to face plant into someones car before someone can get a failure to yield citation.

 

 

[zx3vfr]

Just because he wasnt cited doesnt mean the police report shows him at fault.

call and get the police report monday

[Scruit]

What did he change his story to?

[ScubaCinci]

At least (it sounds like) you were smart and wearing full gear so your injuries are minor. It's a shame it had to happen at all though.

[ohiomike]

Whatta slimeball!  Lately, every time I go out someone pulls right out on me, or nearly cuts me off in a lane.  It seems to be getting worse.  My road 'T's into another road, and is the only way of getting out of our neighborhood to get anywhere.  Its  3 way stop, been that way forever, and yet people blow through all the time on the straight through road.  I almost got hit there the other day when some beotch was on the friggin cell phone not even looking to see if someone was turning, which I was doing.  Another time a week or so ago an guy in a pickup did the same thing, only he flipped me off as he busted a nut to get away.  I rode him down nearly beat his ass......but I didn't want to end up in jail.  So I've decided to be one of those people who takes down license numbers and calls them in.  The first year we lived here people were sliding through the intersection (winter time, ice and snow, slippery conditions, driving too fast for conditions) and 3 times came within a hairswidth of t boning my wife in her car.  Good driving is fast becoming a thing of the past.

[serpentracer]

he might get a few tickets or something but his insurance will not pay for you bike.  so don't expect that to happen.  they only pay if there was contact.

 

and actually I'm surprised the cop gave him anything.  he'll probably get out of all of it.  again, no conatact.  he didn't even have to stop. 

Edited September 21, 2013 by serpentracer

[silentcropduster]

call CPD (which im going to assume was the department who handled this) demand to speak with the officer whom was on scene 1st that stated he was going to cite the other douche nozzle. If they say they aren't sure tell them to pull the radio traffic of the event (it's all recorded per the FCC) and they can find it that way.

 

Sure he didn't pull out in front of you on purpose, we call them "traffic accidents" for a reason...just bec it was accidental doesn't mean the guy shouldn't be cited. It's an unknown rule of thumb to pretty much any cop if there's north of $500 worth of damage and if I as a cop have to run code to get to the accident and direct traffic, tone out the squad etc - someone is getting cited - and who but better then the guy who caused it right? Maybe I'm just too logical tho.

Plus, that's just what I'd do bec I'm a persistent fuck.

Edited September 21, 2013 by silentcropduster

[serpentracer]

call CPD (which im going to assume was the department who handled this) demand to speak with the officer whom was on scene 1st that stated he was going to cite the other douche nozzle. If they say they aren't sure tell them to pull the radio traffic of the event (it's all recorded per the FCC) and they can find it that way.

 

Sure he didn't pull out in front of you on purpose, we call them "traffic accidents" for a reason...just bec it was accidental doesn't mean the guy shouldn't be cited. It's an unknown rule of thumb to pretty much any cop if there's north of $500 worth of damage and if I as a cop have to run code to get to the accident and direct traffic, tone out the squad etc - someone is getting cited - and who but better then the guy who caused it right? Maybe I'm just too logical tho.

Plus, that's just what I'd do bec I'm a persistent fuck.

the problem with that is you're letting personal feelings get in the way of fairness. 

he didn't really cause anyone to crash.  in ohio if you crash without hitting another vehicle you're supposed to be cited for failure to control. so the cop did the op a huge favor right off the top. because that's a ticket and a fine.

 

we can't go around pointing fingers like that in our society.    everyone would be blaming you for their own fuck ups

would you like it if some guy on a bike crashed in the intersection because he thought you were going to turn on red and you had to pay for his bike and medical bills?  of course not.    it's his own fault he crashed.

Edited September 21, 2013 by serpentracer

[just_some_dude]

Scruit, he started saying that I was not even close to me and he is not responsible.

So, at first he said he didn't see me and turned right into traffic and when they were about to cite him he says that I was far away from him and magically witnessed everything.

All my witnesses had left. There was one lady that was up in his face yelling at him because she was a rider as well.

There was one police officer that even stated in the beginning that the guy admitted to not seeing me and just turned. That officer left, a new officer takes over and guy makes up a story.

I'm really hoping I can get video of it. Was thinking of posting a sign at the intersection asking for witnesses to come forward. Only afraid the sign will be ripped down.

[just_some_dude]

Another officer mentioned there was damage to the dudes car, but could not determine if it was from my bike.

[ohiomike]

Scruit, he started saying that I was not even close to me and he is not responsible.

So, at first he said he didn't see me and turned right into traffic and when they were about to cite him he says that I was far away from him and magically witnessed everything.

All my witnesses had left. There was one lady that was up in his face yelling at him because she was a rider as well.

There was one police officer that even stated in the beginning that the guy admitted to not seeing me and just turned. That officer left, a new officer takes over and guy makes up a story.

I'm really hoping I can get video of it. Was thinking of posting a sign at the intersection asking for witnesses to come forward. Only afraid the sign will be ripped down.

I would do the sign thing and might even take out an ad in the paper looking for witness's to the accident.

[Agent3012]

he might get a few tickets or something but his insurance will not pay for you bike.  so don't expect that to happen.  they only pay if there was contact.

 

I had a left-turning driver pull out in front of me at the Holden Arboretum last year. I swerved to avoid him, but went down due to all the gravel on the right side of the road.  Based off the witness accounts, the he Kirtland police that showed up said the guy should have been cited, but the road was under the jurisdiction of the HA police officer, who did not.

Fortunately, it was clear from the police report that the driver was at fault.  I called his insurance, and after receiving the report, they paid out for the bike pretty quickly.

 

I'd get a hold of the police report as soon as possible to see what it describes.  It may also have information about the first officer on the the scene in case you need to contact them as well.

Edited September 21, 2013 by Agent3012

[just_some_dude]

I have a feeling this officer was doing the least he could possibly do. I'll try to get ahold of the police report.

[just_some_dude]

Here is information from police report:

 

Accident occurred on Cleveland Ave in the intersection at E. Dublin Granville Rd. Driver #1 stated he was southbound on Cleveland Ave and was entering the intersection with a green light when Driver #2 started to turn left in front of him. Driver #1 stated he had to heavily apply his brakes to try to avoid a collision and in doing so it caused him to lose control and fall. Unit #1 did not appear to have come in contact with Unit #2 in the incident. Driver #2 stated he was waiting in the intersection to turn left on a green light (not a green arrow) when he saw driver #1 lose control and fall off unit #1 as driver #1 entered the intersection. Driver #2 stated he did not begin his left turn and denied turning in front of driver #1. Note that driver #1 stated driver #2 told him that he "did not see him" and driver 2 also stated this to one of the responding officers at scene (Ofc. T. Baughn #2738 working car 62B). There were two third party witnesses to the accident. The first was witness 1 who left his information with driver #1 but was not at scene when officers arrived. The second witness was a female white, approx. 45-50 years old who was repeatedly telling driver #2 that he "pulled out in front of him (driver #1)". Ofc. Baughn asked Witness 1 to go sit in her vehicle and left without leaving any contact information. Note that there is a red light traffic camera on E. Dublin Granville Rd facing east toward the intersection. At scene fault for the accident could not be established, and thus no citation issued to either party. Ofc. Bond # 1063 (reporting officer) made contact with witness 1 later in the evening via the phone number he left with driver #1. Witness 1 stated that driver #2 did pull out in front of driver #1 when making his left turn. Driver #1 had complaints of pain in his legs and back (CFD Medic 12 responded, no transport).

[Scruit]

Score one for the good guys.  That Witness 1 just saved your ass.

 

The officer should be commended on a very thorough investigation and report.

Edited September 24, 2013 by Scruit

[Tonik]

Score one for the good guys.  That Witness 1 just saved your ass.

 

The officer should be commended on a very thorough investigation and report.

 

Yep, well done coppers. The OP now has all they need to handle this any way they want.

[just_some_dude]

Doesn't look like there is going to be any video, but I was able to get a hold of the 911 calls. The main one sums everything up and, in my opinion, pretty much shows the driver of the SUV is not telling the truth. I am going to try to get in touch with them and thank them for calling 911 and see if they'd be willing to come forward as a witness if needed.

 

One of the other later 911 callers stated something along the lines of 'there is a motorcycle in the middle of the road, actually I think it is a moped' . fml, minus one for the Blast .

[jdonn]

That's awesome news for a shitty situation.

[Gixxus Christ!]

Blast < moped. Mopeds have cheaper insurance and better mileage for roughly the same performance.

Hope the cops and witnesses help you nail l the sucker and his insurance company. Use the dough to buy a real bike, there's a nice zx9r in the bike shop right now.

[Scruit]

Doesn't look like there is going to be any video, but I was able to get a hold of the 911 calls. The main one sums everything up and, in my opinion, pretty much shows the driver of the SUV is not telling the truth. I am going to try to get in touch with them and thank them for calling 911 and see if they'd be willing to come forward as a witness if needed.

 

One of the other later 911 callers stated something along the lines of 'there is a motorcycle in the middle of the road, actually I think it is a moped' . fml, minus one for the Blast .

 

I don't think you will need the 911 witness given that Witness 1 stated the vehicle was turning.  Turn the 911 calls over to your insurance and let *them* worry about establishing fault.  

[just_some_dude]

Got off the phone with the claim rep for his insurance company. He changed his story again, according to them. He said he attempted to move his car a touch forward and that it was pouring down rain. 

 

So his story is as so:

 

1.) I didn't see him and turned in front of him

2.) I was waiting in the turn lane and watched him fall on his own

3.) It was pouring rain and I was moving forward to start a turn, but didn't actually turn

 

I sent the 911 call to the claim rep. She already left a message stating she has completed her 'investigation'. I'll call tomorrow and see how this turns out.

[Scruit]

Got off the phone with the claim rep for his insurance company. He changed his story again, according to them. He said he attempted to move his car a touch forward and that it was pouring down rain. 

 

So his story is as so:

 

1.) I didn't see him and turned in front of him

2.) I was waiting in the turn lane and watched him fall on his own

3.) It was pouring rain and I was moving forward to start a turn, but didn't actually turn

 

I sent the 911 call to the claim rep. She already left a message stating she has completed her 'investigation'. I'll call tomorrow and see how this turns out.

 

Do you have your own insurance company on this?  Do you have collision coverage?

 

Is YES, then file a claim against your own insurance and let THEM fight it out.  They will represent you better than you can represent yourself.

 

If you are liability only then you'll just have to run with it.  With the witness saying the turn started, and the 911 call backing that up, if they rule against you then you should fight it.

 

And buy a dashcam.  Check ebay for "GS1000 Orange menu"

[just_some_dude]

Claim rep stated that their driver is at fault.

 

At this time they are going to schedule a time for someone to come inspect the bike and offered 1k for bodily injury. I haven't accepted any offers and basically told them I have to sit down and think about the costs if I have to move forward with physical therapy, for example.

 

Currently, the only issue that I am clearly having is in my right knee. The spot that hit the ground first and my over pant received the most damage. Still sore and uncomfortable.

[Gixxus Christ!]

Good to see justice served. Don't settle for a grand. If they're offering $1k, they'll pay more to keep an attorney out of it. Don't forget to file a claim on all your damaged gear too.

[Scruit]

The property damage and personal injury should be separate claims.  You can close out the bike claim and keep the injury claim open until you know the full extent fo your injuries.  Some injuries show up days after the accident.  Most of the time you're fine.   Don't let them bully you into a quick settlement - THEY are the only people who benefit from that.