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View Full Version : who's at fault


RACER X
01-07-2009, 06:44 AM
http://www.youtube.com/watch?v=h2UJUqq5MNQ

BobTheBiker
01-07-2009, 06:52 AM
the cage is at fault for making him crash, but the biker is also at fault to an extent for having the (clearly) heated exchange with the cager that started it.

JoshuaTree
01-07-2009, 07:02 AM
The motorcyclist IS at fault - he was the 'following vehicle', failed to maintain adequate distance and clearance from the vehicle he was overtaking. Not to mention not having the smarts enough to not put himself in a position to be hit after having a confrontation with a car driver.

The car driver is guilty of not stopping and rendering aid. Depending on the lane markings at the point of impact, he might be guilty of failing to signal a turn, but that's going to be about it.

As the title so aptly puts it - Road Rage. I guess the cruiser rider now has a better understanding of Newton's Third Law. :shrug:

Corey
01-07-2009, 07:10 AM
If it's florida, it's no fault. :D

BobTheBiker
01-07-2009, 07:19 AM
If it's florida, it's no fault. :D

you ever tested that law? the way the "no fault" thing works is whoever is in the rear, or has front end damage is at fault regardless. from personal experience.

Trip
01-07-2009, 07:52 AM
Biker is definitely at fault. Following too closely.

Curb
01-07-2009, 07:55 AM
If it's florida, it's no fault. :D

you ever tested that law? the way the "no fault" thing works is whoever is in the rear, or has front end damage is at fault regardless. from personal experience.i'm testing it right now. some lady cut across three lanes of traffic and i hit her on the left side of her car with the front of my bike and guess what...IT WAS HER FAULT :D. she got the ticket and my lawyer says this is a no brainer...i win, even though i technically made contact with her with the front of my bike into the back of her car:)

Corey
01-07-2009, 07:57 AM
you ever tested that law? the way the "no fault" thing works is whoever is in the rear, or has front end damage is at fault regardless. from personal experience.

i'm testing it right now. some lady cut across three lanes of traffic and i hit her on the left side of her car with the front of my bike and guess what...IT WAS HER FAULT :D. she got the ticket and my lawyer says this is a no brainer...i win, even though i technically made contact with her with the front of my bike into the back of her car:)

Good luck to the both of you. Dealing with the insurance end of it prior, I know the Florida laws sure as hell don't make it easy for anyone.

Mr Lefty
01-07-2009, 08:57 AM
shit clicked cage... but it was the biker... the cage driver is a dick and needs his ass whooped... but the biker was at fault. I saw that brake check coming as soon as he pulled behind him.

azoomm
01-07-2009, 09:14 AM
Biker, shouldn't have been that close.

shmike
01-07-2009, 10:12 AM
The biker was at fault for the accident. No doubt.

However, the cager left the scene of an accident. BIG nono.

CrazyKell
01-07-2009, 10:21 AM
I clicked cage but becuase I'm choosing to say the cager was at fault for the GENERAL incident and not the specific accident.

It's hard to tell because we didn't see what happened before the pushing incident at the beginning. I know if someone were pushing me there's no way in hell that I wouldn't be calling the cops and getting that situation under control instead of just getting back on and riding away. Thought the biker did a good job of staying calm.

But then....he get stupid. At first I thought the cage was just going to ram him from behind. If I were the biker I'd be getting as far away from that car as possible. He was following WAY too closely, in the wrong lane position, and a whole host of other things. But I think he was doing that thing (and we've all done this at some point) where you're mad so you follow the person and give them THE GLARE just to show them how mad you are (or however that scenario plays out for you).

BOTH at fault for a lot of things!

z06boy
01-07-2009, 12:03 PM
.. but it was the biker... the cage driver is a dick and needs his ass whooped... but the biker was at fault. I saw that brake check coming as soon as he pulled behind him.

I agree...biker at fault...cager is a prick...well they probably both are pricks.

Captain Morgan
01-07-2009, 12:40 PM
Due to the video, the cager is at fault. He did it on purpose as there was nothing in front of him. It was pure road rage and nothing else. Then, he left the scene. Now, insurance may actually put it at "both at fault" and make them each pay for their own damage. A very similar situation happened when my step-mom was a claims adjuster. Two people got pissed at each other and the one in front did the exact same thing in this video. It worked out as I stated, "both at fault, each pays their own damage."

pauldun170
01-07-2009, 12:58 PM
Biker...Biker...Biker

Biker - Obstructing Traffic in the beginning of the video
Biker - Menacing by approaching the Cage driver
Biker - Tailgating

You tailgate...you take ownership.
the "brake check is irrelevant"

The guy could have braked check or made an emergency stop. It is the Biker fault. Don't know what led up to the video but since it's the biker who is in front I'm guessing it is the Biker who initiated the incident. Even if cager had been tailgating the biker it is still the biker fault because he could have moved over to let the guy pass but instead he stopped the bike to be a dick.

However he realized that riding a cruiser does not mean the "image" applies to you and got checked by the motorist.


Biker - FAIL
Biker - FAIL
Biker - F.A.I.L

I will not comment on the cager leaving the scene because the video does not provide evidence that he does. He could have pulled in to a parking lot (instead of just blocking traffic, he could have moved to a safe location to asses the damage and call police)

SCVetteNBusa
01-07-2009, 01:08 PM
At first, I thought the biker tookout a gun from his waistband. :whistle:

In CA, I'd have to say it's both... 50/50 (with video evidence and/or witnesses)

Without vid... the biker would be at fault for following too closely.

That's what happens when cool heads DON'T prevail... would put yourself against a car in any situation? Guess he didn't learn the "rule of lugnuts"?

MikeSP1
01-07-2009, 01:23 PM
Neither of them should've been in that situation in the first place. The middle of a street is not a place to have an argument, much less a heated one. What happened before the video started playing? Something was going on, why would they be in the middle of the road arguing in the first place.

It's the bikers own fault for running into the back of the car, plain and simple. He let the car pass and get in front, he should've been expecting the cager to try something. Let a few more cars get between himself and the mitsu and everything would've been fine, add to that the simple fact that he was tailgating. The mitsu also tried a brake check before the one that landed him the bike, biker should've expected another.

i'm testing it right now. some lady cut across three lanes of traffic and i hit her on the left side of her car with the front of my bike and guess what...IT WAS HER FAULT :D. she got the ticket and my lawyer says this is a no brainer...i win, even though i technically made contact with her with the front of my bike into the back of her car:)

Didn't she run a red light?

lauralynne
01-07-2009, 02:05 PM
Biker...Biker...Biker

Biker - Obstructing Traffic in the beginning of the video
Biker - Menacing by approaching the Cage driver
Biker - Tailgating

You tailgate...you take ownership.
the "brake check is irrelevant"

The guy could have braked check or made an emergency stop. It is the Biker fault. Don't know what led up to the video but since it's the biker who is in front I'm guessing it is the Biker who initiated the incident. Even if cager had been tailgating the biker it is still the biker fault because he could have moved over to let the guy pass but instead he stopped the bike to be a dick.

However he realized that riding a cruiser does not mean the "image" applies to you and got checked by the motorist.


Biker - FAIL
Biker - FAIL
Biker - F.A.I.L

I will not comment on the cager leaving the scene because the video does not provide evidence that he does. He could have pulled in to a parking lot (instead of just blocking traffic, he could have moved to a safe location to asses the damage and call police)

agreed. Biker is a dumb ass for being anywhere near a cage he just got in a fight with. 700lbs vs. 2000 pounds and the bike is going to lose no matter what, fault or not.

Particle Man
01-07-2009, 02:40 PM
there were both being idiots.

both.

shmike
01-07-2009, 02:44 PM
At least the rider was in FULL gear. :whistle:

Captain Morgan
01-07-2009, 02:47 PM
I'm not saying the biker should have been tailgating. However, you can clearly see there is NO traffic in front of the cage and NO reason for him to slam on the brakes. Tapping your lights to let someone to know to back off is one thing. Slamming on your brakes and coming to a complete stop when nothing is in front of you is another. As stated, both are really at fault and that's the way the insurance company will probably view it if they have the video evidence.

deals gap dragon slayer
01-07-2009, 02:49 PM
can we just execute them both for being total db's?

Racerboy
01-07-2009, 03:30 PM
We have no clue as to the happenings from before the video clip...

The biker is at fault for the accident....

But the true road rage would have been the biker pulling out a Glock 17 and capping that prick for getting into a street situation in the first place....

Again, we don't know what lead up to the incident, too bad

Quick281
01-07-2009, 05:15 PM
Taters whore of an x wife is to blame for all of this.

Both of them are idiots. Who knows what the fuck the problem was to begin with and then for the biker to follow a car that closely knowing the dude was mad was just asking for it.

Smittie61984
01-11-2009, 12:55 PM
Hahahaha. I love the brake check.

If it was me it would have been over at the push. I'd beat his face in and then run over his bike multiple times with my truck.

Oh. And the riding my ass part. I don't give a fuck if you are on a motorcycle or not. Try to "Intimidate" me by getting on my ass I'll lock the brakes down until we stop or you're eating my trailer hitch or flying through my back windsheild. I fucking can't stand it when people get on my ass.

No doubt about it being the bikes fault.

Amber Lamps
01-11-2009, 01:39 PM
Hahahaha. I love the brake check.

If it was me it would have been over at the push. I'd beat his face in and then run over his bike multiple times with my truck.

Oh. And the riding my ass part. I don't give a fuck if you are on a motorcycle or not. Try to "Intimidate" me by getting on my ass I'll lock the brakes down until we stop or you're eating my trailer hitch or flying through my back windsheild. I fucking can't stand it when people get on my ass.

No doubt about it being the bikes fault.

100% with you buddy! If you get on my ass like that,I can just about guarantee a brake check is in your future.

I don't know what started it but I can guess that the cager either was tailgaiting or honked at the biker. The biker got angry and stopped his bike and approached the car driver which can be construed as an aggressive act and which precipitated the shove. Then the biker got in the the cager's face again. The cager wisely got back into his car and the "accident" ensued...

Last I checked,the vehicle in front is not required to "justify" it's reason for stopping,it is up to the following vehicles to leave adequate distance to avoid a collision. Biker was completely at fault.

Mr Lefty
01-11-2009, 02:33 PM
100% with you buddy! If you get on my ass like that,I can just about guarantee a brake check is in your future.

I don't know what started it but I can guess that the cager either was tailgaiting or honked at the biker. The biker got angry and stopped his bike and approached the car driver which can be construed as an aggressive act and which precipitated the shove. Then the biker got in the the cager's face again. The cager wisely got back into his car and the "accident" ensued...

Last I checked,the vehicle in front is not required to "justify" it's reason for stopping,it is up to the following vehicles to leave adequate distance to avoid a collision. Biker was completely at fault.

I can only speak for Oregon... but they have two different laws that i'm aware of that you can get in trouble for this move for. 1. Road Rage. brake check'n is specifically listed as a road rage action in the law. 2. not sure what the name is... but basically it's intent to cause an accident. usually for insurance fraud.

and the fact that he fled the scene, and had the initial altercation, dude would be fucked on a Road Rage charge. But then again... in Oregon, the biker would be charged too.

Smittie61984
01-11-2009, 03:26 PM
100% with you buddy! If you get on my ass like that,I can just about guarantee a brake check is in your future.


I'm a pretty calm driver and I don't get angry when someone makes a mistake. Even when someone pulls out in front of me while I'm on my motorcycle. I just chalk it up to another day on the road. Infact I had a guy rearend me at a redlight one time. I had my bike rack on with no bikes in it and it didn't do any damage to me. I asked the guy if he was okay and needed anything (His front bumper was mucked up some) and he said he was fine. Then we went our seperate ways.

But show aggression to me and I'll dish out my extra strength crazy. My other major pet peeve is when people block the intersections knowing they are going to get a red light. I'll wreck my damn truck over that.

Mr Lefty
01-11-2009, 03:34 PM
I'm a pretty calm driver and I don't get angry when someone makes a mistake. Even when someone pulls out in front of me while I'm on my motorcycle. I just chalk it up to another day on the road. Infact I had a guy rearend me at a redlight one time. I had my bike rack on with no bikes in it and it didn't do any damage to me. I asked the guy if he was okay and needed anything (His front bumper was mucked up some) and he said he was fine. Then we went our seperate ways.

But show aggression to me and I'll dish out my extra strength crazy. My other major pet peeve is when people block the intersections knowing they are going to get a red light. I'll wreck my damn truck over that.


I scared the shit out of a woman by doing that... the light was yellow and she could roll forward 2 feet... yet she still did it... made me wait through TWO fucking lights because of her... so for the second light... (I was in my friends lifted superduty... I dumped the clutch and smoked the tires up to about a foot from her door.... I couldn't see her face but I could still hear the screaming over the diesel engine :lol:

Riceaholic
01-11-2009, 05:06 PM
The guy in the car was at fault for trying to look like a toughguy while driving an Eclipse. The dude on the bike can't have been riding for more than two days if he didn't see that brakecheck coming...

Smittie61984
01-11-2009, 05:56 PM
I scared the shit out of a woman by doing that... the light was yellow and she could roll forward 2 feet... yet she still did it... made me wait through TWO fucking lights because of her... so for the second light... (I was in my friends lifted superduty... I dumped the clutch and smoked the tires up to about a foot from her door.... I couldn't see her face but I could still hear the screaming over the diesel engine :lol:

I use to have an Xterra with a brush gaurd on the front. Some asshole decided to do that and blocked my road. Which he waited at the line but once the light turned yellow he went ahead and blocked the hell out of the intersection.

http://maps.google.com/?ie=UTF8&ll=33.849416,-83.916785&spn=0.001127,0.002403&t=h&z=19&layer=c&cbll=33.849465,-83.916911&panoid=8ofqo6Ui-XM-tIs_dAAqTg&cbp=12,278.97099818474225,,0,5

Here is the google street view. I was were the white car was and was going straight across. He was smack dab in the middle of my lane going the same direction as the yellow chevy truck. I probably came within 2ft of creaming the car. But they ducked out of the way towards the ditch. Bet that Volvo will think twice next time it sees a Yellow Xterra sitting at a redlight.

fnfalman
01-12-2009, 12:16 PM
They were both at fault but the biker was the dumber of the two dumb fucks. Why would you want to tailgate a car? I would have pulled up next to the Eclipse faggot, punch out his rearview mirror and hauled ass.