littlerocket777
Well-known member
Why I'm writing this: Hoping this insight will help other riders out there, when it comes to accidents, I learned from this experience, and it really is a "us (bikes) vs. them (cars)" situation other there.
Background of me: Been riding for over 13 years, street, commute, track, Alice's, Castro Valley, you name it, I've been a avid rider for all these years, with the last 5 waning as I got older and friends and family fell out of the hobby. So the last 5 years have really just been restricted to commute.
Now before I start the story, let me put up a disclaimer. This is my experience. Yours will be/could be different. I didn't have a good one. But I'm hoping my story will help others.
Accident scenario: I was commuting to work on NB 101 at around 7am. Traffic was light until about the Cesar Chavez Street exit. From there it gets a little thicker, and everyone is traveling about 30mph. I'm splitting lanes on and off, as pocket of lane opens up, I take those pockets and stop the splitting. So here is where the accident occurs. The car that hits me is in the fast lane. I'm in middle lane, riding on the left hand side of the lane. There is a 3rd lane. And finally the split, as this is occurs right where the 101 splits to 280, near Silver Ave, if you guys know what I'm talking about. I'm passing the car on the right, and am almost past it. I'm right up to the front passenger door/front fender when he sudden either tries to cut over or avoid something in his lane and knocks me off me off my bike. So fast I couldn't react. The only thing I could have done, was throttle up or move more into my lane. So I come to in the 3rd lane, and my bike is in the center divide portion (remember where 101 and 280 splits on NB 101). I must've ko'd for a few seconds because the guy that hit me is already pulled over and the traffic has stopped so I didn't get run over by a car, thank God. I get up and hobble over to the fast lane shoulder.
The questioning and what I learned: First, when the CHP arrived, his exact words were "There is some traffic, you must have been lane splitting right?". My answer was yeah. WRONG, don't admit you were lane splitting at the time of the accident. More on that later. Second, the cops are not your friends. You are injured, shocked, and confused, you just got knocked off your bike. I even told people I didn't blackout, but I now know I must've because I don't remember seeing sky floor sky floor, I just remember heard the impact and then getting up off the floor. I don't remember my bike hitting the ground. But cops, they are human. This one, I think, already formed an opinion when he arrived. Here we go again, a motorcyclist and a car during rush hour, must've been splitting and reckless and caused an accident (that's what the report said). Third, get witnesses, I didn't. So now I'm paying the price. Get witnesses to back your story if you are the one in the right.
Outcome and my interpretation of the legal analysis: The CHP said I caused the accident by passing unsafely on the right, due to lane splitting. Now we all know it's not illegal, but it's also not legal. And once you admit you have entered that gray area, you are no longer right or wrong, but subject to what the other person says. And your admission of lane splitting gives you less power and ownership of a lane on the freeway. Basically, none of the lanes are yours, and contact, irregardless of who initiated it, is your fault. Sucks right? In my mind, the guy hit me, I was going straight, how could it be my fault? Doesn't matter according to CHP and my Insurance Company, once I admitted to splitting lanes I lost my right to any lane and it is within the right of the car to hit me if I am in his lane (or not in his lane because I cannot prove otherwise).
He said she said: The driver of the vehicle said he didn't see me and that I hit him. BS, darn liar. But another lesson, people lie. What I said, I was splitting lanes and the car hit me. Those were the summaries in the report.
CHP at fault analysis: CHP said I caused the accident, 100% for violating 21755 VC, which says I passed unsafely on the right.
My insurance at fault analysis: I spoke to my insurance specialist. She basically said, I was at fault because of admission to lane splitting and the other driver didn't admit to changing lanes or swerving or anything. (Liar) So since he wasn't doing anything wrong, it must've been me. I argued that how can that be if he hit me? She said that even if he hit you, you were lane splitting and it is my responsibility to pass on the right ONLY if it was safe to do so, that's what the law says too. So I asked, what if at the start of the pass, it was safe, and then he hits me rear end, as the evidence shows. Because the damage to his car is the front passenger door and fender. She said, even though it was safe to start the pass, we must be sure it is safe to complete the pass as well. So my interpretation is it's perfectly legal to hit motorcyclists while they are lane splitting. Sucks.
Closing thoughts: If I were to Monday morning quarterback this thing, I would say NEVER admit to lane splitting. After what happened to me, I don't see a situation where I could have come out on top, pass that admission. Best case is 50/50 responsibility. Also don't trust the cops, they are not here to save you. Trust yourself. Be smart about what you say to them at the scene as that is the record, the Bible. It doesn't matter what statement you make later to your insurance company when you've had time to process the accident. Once the police report finds you at fault, there's not much you or your insurance company can do about it. That's what my insurance company said. Finally, buy full coverage insurance. I'm pissed as hell at this ahole for not owning up to the accident. But it's my fault for thinking there are decent human beings in this world still. Lie, lie, lie your way to win. But buy full coverage so, at the very least, you don't have to worry about the money except the deductible and medical payments.
Will I ride again? No. I'm at the age where I just commute and I've got a kid now. I think this is God telling me quit while you are ahead, despite this setback. I'm glad I have full coverage insurances (minus medical) and I'll say this is a definite lesson learned. Keep the rubber side down guys, this is my first post in years, and will probably be my last. Keep it safe out there.
Background of me: Been riding for over 13 years, street, commute, track, Alice's, Castro Valley, you name it, I've been a avid rider for all these years, with the last 5 waning as I got older and friends and family fell out of the hobby. So the last 5 years have really just been restricted to commute.
Now before I start the story, let me put up a disclaimer. This is my experience. Yours will be/could be different. I didn't have a good one. But I'm hoping my story will help others.
Accident scenario: I was commuting to work on NB 101 at around 7am. Traffic was light until about the Cesar Chavez Street exit. From there it gets a little thicker, and everyone is traveling about 30mph. I'm splitting lanes on and off, as pocket of lane opens up, I take those pockets and stop the splitting. So here is where the accident occurs. The car that hits me is in the fast lane. I'm in middle lane, riding on the left hand side of the lane. There is a 3rd lane. And finally the split, as this is occurs right where the 101 splits to 280, near Silver Ave, if you guys know what I'm talking about. I'm passing the car on the right, and am almost past it. I'm right up to the front passenger door/front fender when he sudden either tries to cut over or avoid something in his lane and knocks me off me off my bike. So fast I couldn't react. The only thing I could have done, was throttle up or move more into my lane. So I come to in the 3rd lane, and my bike is in the center divide portion (remember where 101 and 280 splits on NB 101). I must've ko'd for a few seconds because the guy that hit me is already pulled over and the traffic has stopped so I didn't get run over by a car, thank God. I get up and hobble over to the fast lane shoulder.
The questioning and what I learned: First, when the CHP arrived, his exact words were "There is some traffic, you must have been lane splitting right?". My answer was yeah. WRONG, don't admit you were lane splitting at the time of the accident. More on that later. Second, the cops are not your friends. You are injured, shocked, and confused, you just got knocked off your bike. I even told people I didn't blackout, but I now know I must've because I don't remember seeing sky floor sky floor, I just remember heard the impact and then getting up off the floor. I don't remember my bike hitting the ground. But cops, they are human. This one, I think, already formed an opinion when he arrived. Here we go again, a motorcyclist and a car during rush hour, must've been splitting and reckless and caused an accident (that's what the report said). Third, get witnesses, I didn't. So now I'm paying the price. Get witnesses to back your story if you are the one in the right.
Outcome and my interpretation of the legal analysis: The CHP said I caused the accident by passing unsafely on the right, due to lane splitting. Now we all know it's not illegal, but it's also not legal. And once you admit you have entered that gray area, you are no longer right or wrong, but subject to what the other person says. And your admission of lane splitting gives you less power and ownership of a lane on the freeway. Basically, none of the lanes are yours, and contact, irregardless of who initiated it, is your fault. Sucks right? In my mind, the guy hit me, I was going straight, how could it be my fault? Doesn't matter according to CHP and my Insurance Company, once I admitted to splitting lanes I lost my right to any lane and it is within the right of the car to hit me if I am in his lane (or not in his lane because I cannot prove otherwise).
He said she said: The driver of the vehicle said he didn't see me and that I hit him. BS, darn liar. But another lesson, people lie. What I said, I was splitting lanes and the car hit me. Those were the summaries in the report.
CHP at fault analysis: CHP said I caused the accident, 100% for violating 21755 VC, which says I passed unsafely on the right.
My insurance at fault analysis: I spoke to my insurance specialist. She basically said, I was at fault because of admission to lane splitting and the other driver didn't admit to changing lanes or swerving or anything. (Liar) So since he wasn't doing anything wrong, it must've been me. I argued that how can that be if he hit me? She said that even if he hit you, you were lane splitting and it is my responsibility to pass on the right ONLY if it was safe to do so, that's what the law says too. So I asked, what if at the start of the pass, it was safe, and then he hits me rear end, as the evidence shows. Because the damage to his car is the front passenger door and fender. She said, even though it was safe to start the pass, we must be sure it is safe to complete the pass as well. So my interpretation is it's perfectly legal to hit motorcyclists while they are lane splitting. Sucks.
Closing thoughts: If I were to Monday morning quarterback this thing, I would say NEVER admit to lane splitting. After what happened to me, I don't see a situation where I could have come out on top, pass that admission. Best case is 50/50 responsibility. Also don't trust the cops, they are not here to save you. Trust yourself. Be smart about what you say to them at the scene as that is the record, the Bible. It doesn't matter what statement you make later to your insurance company when you've had time to process the accident. Once the police report finds you at fault, there's not much you or your insurance company can do about it. That's what my insurance company said. Finally, buy full coverage insurance. I'm pissed as hell at this ahole for not owning up to the accident. But it's my fault for thinking there are decent human beings in this world still. Lie, lie, lie your way to win. But buy full coverage so, at the very least, you don't have to worry about the money except the deductible and medical payments.
Will I ride again? No. I'm at the age where I just commute and I've got a kid now. I think this is God telling me quit while you are ahead, despite this setback. I'm glad I have full coverage insurances (minus medical) and I'll say this is a definite lesson learned. Keep the rubber side down guys, this is my first post in years, and will probably be my last. Keep it safe out there.