Wiped out


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roundhouse

New Member
A lady in a VW SUV pulled through parking spaces at the grocery. i was going slow but she was cutting through pretty quickly. I swerved to prevent her crashing into me and hit the brakes to avoid hitting a parked car opposite us.

the bike high sided. my foot was still just under the bike when it fell so I couldn't get up immediately. I was wearing jacket, helmet and gloves, regular jeans and leather shoes. i am OK but my bar end, frame slider, and spool are scuffed up and my mirror is trashed. Plastics are all OK and there are no scuffs anywhere else.

The lady drove off. some folks got her tag and called police. They said it's a civil matter and refused to take a report.

I looked her up on public data and will send her a regular and certified letter demanding the replacement of my messed up parts. Also got witness info so if I do have to go to civil court I can call them.

makes me rethink my emergency avoidance maneuvers...........I thought i had studied them well. all went out the window when it happened.
 
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CDN6R

New Member
OH CRAP! That damn cow took off huh? God would I ever be mad as hell. The police call it a civil matter? I suppose that is because it happened in a grocery store parking lot! I am glad that your are not hurt and I am sad about your bike...now go after the woman and get as much as you can. It;s great that you have a witness!!!:thumbup:
 
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CrazyCawi

New Member
Do you have video of it?
 
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Spitfire

New Member
Hopefully the owner of the parking lot has video of it. Yeah it's a civil matter because the city doesn't own the parking lot, therefore cutting through parking spaces isn't against the law, just rules.

Sounds like you have everything legally under control. That does suck about the bike though! I've had to bail once as well high-side but I don't have frame sliders -_-... Nothing is trashed but the right fairing is scuffed along with the bar end and mirror.

Speaking of which, (sorry for the hi-jack), anyone know how much a fairing is and if not, how much it is to paint it? I want to get some decals but I don't think they will cover the entire scuff.

Back to the OP, hope all is well and maybe now you can change your mirrors to something more aesthetically pleasing =)
 
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Spunky99

New Member
Video video video..Can't stress this enough people. On a race track or the street, I have 1 or 2 cams on all the time while I'm up on 2 wheels.
One of these days I'll get some really good crash video...er ah um...maybe not..I hope....oops.....helmet cams are great because they see what you see, not the bike.....A video of that beyotch dangerously traversing the parking lot with total disregard for the safety of others would make a Lawyer defending her pucker his butt and get you bike repairs, pain and suffering and Attorney fees before it got to trial.
 
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redwing-2001

New Member
roundhouse said:
A lady in a VW SUV pulled through parking spaces at the grocery. i was going slow but she was cutting through pretty quickly. I swerved to prevent her crashing into me and hit the brakes to avoid hitting a parked car opposite us.

the bike high sided. my foot was still just under the bike when it fell so I couldn't get up immediately. I was wearing jacket, helmet and gloves, regular jeans and leather shoes. i am OK but my bar end, frame slider, and spool are scuffed up and my mirror is trashed. Plastics are all OK and there are no scuffs anywhere else.

The lady drove off. some folks got her tag and called police. They said it's a civil matter and refused to take a report.

I looked her up on public data and will send her a regular and certified letter demanding the replacement of my messed up parts. Also got witness info so if I do have to go to civil court I can call them.

makes me rethink my emergency avoidance maneuvers...........I thought i had studied them well. all went out the window when it happened.
Click to expand...
you didn't crash into her, minimal damage to you and the bike... that doesn't sound like "everything went out the window". Sounds like you had some collision avoidance training or practice (hopefully both). glad it wasn't worse, well done.
 
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roundhouse

New Member
redwing-2001 said:
you didn't crash into her, minimal damage to you and the bike... that doesn't sound like "everything went out the window". Sounds like you had some collision avoidance training or practice (hopefully both). glad it wasn't worse, well done.
Click to expand...

huh? never thought of it that way.

perspective...................

i dont have a camera. i have wanted one for a while. maybe Fathers day?
 
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Roaddawg

New Member
roundhouse said:
A lady in a VW SUV pulled through parking spaces at the grocery. i was going slow but she was cutting through pretty quickly. I swerved to prevent her crashing into me and hit the brakes to avoid hitting a parked car opposite us.

the bike high sided. my foot was still just under the bike when it fell so I couldn't get up immediately. I was wearing jacket, helmet and gloves, regular jeans and leather shoes. i am OK but my bar end, frame slider, and spool are scuffed up and my mirror is trashed. Plastics are all OK and there are no scuffs anywhere else.

The lady drove off. some folks got her tag and called police. They said it's a civil matter and refused to take a report.

I looked her up on public data and will send her a regular and certified letter demanding the replacement of my messed up parts. Also got witness info so if I do have to go to civil court I can call them.

makes me rethink my emergency avoidance maneuvers...........I thought i had studied them well. all went out the window when it happened.
Click to expand...
The law might be different in Texas about hit and runs, but in California this could be considered a "non-contact" hit and run collision...meaning, she caused you to crash and then took off knowing that you crashed...which in California, is a misdemeanor. AND, if you were injured, then its a felony!....so, it wouldn't matter if its a parking lot or not....it was a crime the PD should've done something. I'd go down to the PD and ask them the law on that one, because I don't know TX law. But, especially since you have witnesses to back up your story. If this was only a non-injury collision and you were both stayed, then yeah, no crime, no police report due to private property...but, this sure sounds like a hit and run to me!
 
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Crocop43

New Member
Hey glad ur okay......btw hi everyone I'm the new guy on here I just got back to the united states after bring gone for awhile.......feels good to ride again
 
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AFDavis11

New Member
Wow! I guess it all makes sense without contact and in a Grocery store parking lot.

Sucks though.

It sounds like you hit the front brake without the front end aligned. Big, Big, emergency manuever mistake.

Have you been to MSF? Interested now?

Glad you weren't hurt too bad. The bike can get fixed, don't sweat it.

I would just try to get things fixed myself over time. A Civil suit is a pretty good direction for things to head in, since you really just need some money to fix things up. I would check the State ordinance on driving through parking lots. I would think that it would still hold some weight in Civil court. It should influence the Judge's ruling anyway.
 
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davidrosso

New Member
roundhouse said:
A lady in a VW SUV pulled through parking spaces at the grocery. i was going slow but she was cutting through pretty quickly. I swerved to prevent her crashing into me and hit the brakes to avoid hitting a parked car opposite us.

the bike high sided. my foot was still just under the bike when it fell so I couldn't get up immediately. I was wearing jacket, helmet and gloves, regular jeans and leather shoes. i am OK but my bar end, frame slider, and spool are scuffed up and my mirror is trashed. Plastics are all OK and there are no scuffs anywhere else.

The lady drove off. some folks got her tag and called police. They said it's a civil matter and refused to take a report.

I looked her up on public data and will send her a regular and certified letter demanding the replacement of my messed up parts. Also got witness info so if I do have to go to civil court I can call them.

makes me rethink my emergency avoidance maneuvers...........I thought i had studied them well. all went out the window when it happened.
Click to expand...

She didn't hit you, therefore how do you expect her to be responsible for paying for you damages?
In a court of law you will most likely be cited for "failure to control". Your best off letting it go and
being thankful you didn't get hurt and your bike has minimal damage.

BTW, glad you're alright.
 
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roundhouse

New Member
davidrosso said:
She didn't hit you, therefore how do you expect her to be responsible for paying for you damages?
In a court of law you will most likely be cited for "failure to control". Your best off letting it go and
being thankful you didn't get hurt and your bike has minimal damage.

BTW, glad you're alright.
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her failure to yield the right of way (grocery store is private property with a public intent and has stop signs, fire lanes, arrows for lane direction ect.)

while not laws they are rules. and if someone causes another harm by not following those rules they can be found liable in civil court.

an extreme analogy: a car going 100mph looses control and flys into a school parking lot, a kid swerves to miss it and runs over the security guard.

who is liable?
 
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Detrich

New Member
+1 on what RoadDawg said.

Im pretty sure that in Cali, u can still be liable for causing an accident- EVEN if ur vehicle doesnt come directly in contact with another vehicle or person.

There are too many valid examples to cite. But, basically if you operate a motor vehicle in a way that is deemed unsafe- you can be cited.

In this case, that soccer mom was prolly speeding in the parking lot & not stopping- ie driving unsafely. She could be issued a citation, but if she causes an injury or accident- even if she's not hit- she can still be liable. I'm just not sure how Texas law is

Sorry to hear about the mishap. Luckily u r ok and the bike can be repaired.
 

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