It's Purely Hypothetical, But... - Steve Saunders Goldwing Forums

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post #1 of 29 (permalink) Old 11-21-2018, 01:01 PM Thread Starter
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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?

Why ain't we ridin'?
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post #2 of 29 (permalink) Old 11-21-2018, 01:22 PM
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Womans fault, , ,backing when unsafe
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post #3 of 29 (permalink) Old 11-21-2018, 02:28 PM
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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...

~ John


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post #4 of 29 (permalink) Old 11-21-2018, 02:59 PM
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Quote:
Originally Posted by AZgl1800 View Post


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.

With no God over the state, the state then becomes not the defender of liberty but the definer of liberty.


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post #5 of 29 (permalink) Old 11-21-2018, 03:10 PM
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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. ;-)
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post #6 of 29 (permalink) Old 11-21-2018, 03:50 PM Thread Starter
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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.

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post #7 of 29 (permalink) Old 11-21-2018, 03:50 PM
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Quote:
Originally Posted by BLUTHUNDR31 View Post
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.
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~ John


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post #8 of 29 (permalink) Old 11-21-2018, 04:58 PM
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In a case like this, both drivers should be considered at fault.

Doug

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post #9 of 29 (permalink) Old 11-21-2018, 05:01 PM
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I hope you and Bike weren't hurt too badly, Dennis! And shouldn’t your be asking this of your lawyer?
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post #10 of 29 (permalink) Old 11-21-2018, 05:55 PM Thread Starter
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Originally Posted by OldSchool_IsCool View Post
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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