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-   -   It's Purely Hypothetical, But... (https://www.goldwingfacts.com/forums/4-miscellaneous-forum/665651-its-purely-hypothetical-but.html)

Bike...and Dennis 11-21-2018 01:01 PM

It's Purely Hypothetical, But...
 
This is to garner opinion and discussion, only.

The scene:

A motorcyclist, riding through a neighborhood on a surface street and a young woman backing out of her driveway, on a errand to the grocery store.

The cyclist is traveling double the posted 25mph speed limit and the woman, giving a quick glance, both directions, backs out into his path. Never having seen him.

He panics, slams on the rear brake and skids into the right rear fender of the car.

Who was at fault?

BLUTHUNDR31 11-21-2018 01:22 PM

Womans fault, , ,backing when unsafe

AZgl1800 11-21-2018 02:28 PM

a Quick Glance is what I get when I am approaching our driveway entrance.
We have a stone wall fence that curves from "parallel to the street, and around to parallel to our drive".


The space measuring 20 feet from the street back onto our property, is a "dead zone"..... and therefore, a Quick glance is similar to your hypothetical situation.


that quick glance is NOT a guarantee that no traffic is oncoming..... the speed of that traffic is irrelevant to a point...


But, once backing up, the driver must keep their eyes at the oncoming traffic, to do otherwise, puts them at fault for a collision.


over the years, I have been heading out of the driveway, the Quick Glance as I past the end of our stone wall there was no traffic to the west at all, non visible.... there is a RR Track there which is 15 feet higher than the US highway we exit out onto....


I cannot count the number of times, that the 20 feet of Dead Zone allowed someone to flat foot the throttle, looking at a cellphone, and flashes by my driveway entrance.... had I not stopped dead, to look Both Ways a 2nd time to guarantee no traffic, I would have been involved in a high speed T-bone accident. on the driver's side of our car..... a hospital trip is guaranteed in that situation.


The person on the Driveway has to assume all responsibility for entering a street safely,
the other traffic might be doing double the speed limit, and they do here all the time......
but, I am the one at fault if they hit me...

DaveO430 11-21-2018 02:59 PM

Quote:

Originally Posted by AZgl1800 (Post 5805767)


The person on the Driveway has to assume all responsibility for entering a street safely,
the other traffic might be doing double the speed limit, and they do here all the time......
but, I am the one at fault if they hit me...

Exactly, but the guy doing double the speed limit doesn't have much right to complain.

BLUTHUNDR31 11-21-2018 03:10 PM

Not meaning to be rude to women drivers, , , BUT, , , ,if i was the motorcyclist, I'd have my agent/attorney check the womans cell phone records cuz you KNOW she was multi-tasking by texting or talking while backing up. ;-)

Bike...and Dennis 11-21-2018 03:50 PM

Quote:

Originally Posted by BLUTHUNDR31 (Post 5805779)
Not meaning to be rude to women drivers, , , BUT, , , ,if i was the motorcyclist, I'd have my agent/attorney check the womans cell phone records cuz you KNOW she was multi-tasking by texting or talking while backing up. ;-)

Let's deal with the "hypothetical" facts as they are presented.

AZgl1800 11-21-2018 03:50 PM

Quote:

Originally Posted by BLUTHUNDR31 (Post 5805779)
Not meaning to be rude to women drivers, , , BUT, , , ,if i was the motorcyclist, I'd have my agent/attorney check the womans cell phone records cuz you KNOW she was multi-tasking by texting or talking while backing up. ;-)




True, and I would too, because 95% of the drivers blazing past my driveway and coming within 24 inches of my front bumper have a cellphone up to their ear.
( I have to creep out past the pavement edge just to see the road again )


We try very hard to never just drive out into the street w/o coming to a full stop.... it is like we are emerging from a tunnel immediately onto a 100 mph race track.


it is sad to say, but we all need one of the 360 Video cams that are being advertised now.... staying alert is our only protection.

DougW 11-21-2018 04:58 PM

In a case like this, both drivers should be considered at fault.

OldSchool_IsCool 11-21-2018 05:01 PM

I hope you and Bike weren't hurt too badly, Dennis! And shouldn’t your be asking this of your lawyer?

Bike...and Dennis 11-21-2018 05:55 PM

Quote:

Originally Posted by OldSchool_IsCool (Post 5805827)
I hope you and Bike weren't hurt too badly, Dennis! And shouldn’t your be asking this of your lawyer?

Again...hypothetical. No motorcycles were damaged in the writing of this thread.


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