JakesKTM
Well-known member
Trigger warning: This post is about motorcycle safety, ATGATT, and a perspective from a rider, a father, and a motor vehicle operator. It is also a graphic description of an actual event.
The Accident
A young man (23), and new rider, was riding his 1979 GS550 on a two lane country road, approaching a blind partially controlled T intersection. The posted speed limit was 55. As he closed in on the intersection, a vehicle (SUV) pulled out in front of him and the rider was unable to avoid impact with the SUV. The rider hit the side of the SUV at full speed, colliding center mass with the SUV's cripple post between the front and rear driver's side door. The rider's left femur penetrated the front door completely severing the bone and femoral artery from his body. The young man effectively died on impact.
The SUV Driver
The SUV driver was 23. He stopped at the intersection and looked both ways according to witness testimony. He proceeded when he did not see any traffic in either direction. He did not see the motorcycle until it impacted the vehicle. The driver and his passenger both called 911 and tended to the rider who was unresponsive. They both made statements to the CHP who responded and took the report. The driver was cited for failure to yield right of way.
The Court Case
The DA waivered for nearly a year waiting on a kinesthetic report from the CHP to ascertain the speed on impact (which never came). The driver of the SUV and his passenger provided credible testimony to stopping and looking both ways and not seeing the rider. There was a series of photos from the accident scene that indicated the rider did not have his headlight on, was not wearing adequate protective gear (jeans, tennis shoes, non riding jacket, no gloves - but he had a helmet). There were no skid marks. No speed was ever ascertained. The case seemed to be driven by aggrieved parents who demanded the DA prosecute the driver for vehicular manslaughter, and force a face to face apology before the family, which the driver did (I was there and I thought it was shameful and wrong).
The driver was sentenced to community service and fined. His misdemeanor conviction forced him to resign from his public job due to his inability to operate within the insurance policy of the agency. He is now unemployed.
My Takeaway
I really got to see this case from the driver's perspective. He genuinely did not see the rider. How could he be faulted for that? I always thought there had to be negligence and/or intent to prosecute. He did what he was supposed to do. He stopped, he looked in both directions. He did his due diligence. At what point do we riders present a risk to drivers?
I watched the driver go through a year of depression over possibly losing his job, fearing jail time, not knowing what the outcome was going to be. The family of the rider sued him in court but dropped the case after the criminal case resolved. I genuinely felt bad for the driver.
The family was emotionally devastated (understandably) over their loss. They badgered the DA endlessly (understandably) and when they finally met with the driver after he was sentenced, they shamed him in a way that should have been stopped by the professionals in the room. The mother of the deceased rider was driving the meeting and the father of the deceased rider looked particularly remorseful as he was being shamed by mother about giving his son the bike in the first place. They took absolutely NO accountability for their son's failure to go to an MSF course, obtain his license, wear all the gear, ride a bike that had modern safety features, etc.. Where was the personal accountability? I'm a rider safety advocate (perhaps to a fault) and all I was hearing is how it was all the driver's fault.
To this I say: We (riders) assume all the risk. We ride exposed and we take more risk by being much less visible. Therefore why continue to blame others when we don't do everything to mitigate our own decision to ride? I'm kind of done with the rants about other drivers.
I think it is time we advocate more mandatory safety requirements, especially for new riders, and bring more awareness to our community that our finger pointing at driver's only deflects from our own shortcomings as riders mitigating risk.
Disclosure I was involved as the father of one of the passengers in the SUV.
Lastly, my prayers are still with the rider :rose and his family, and with the driver who I hope can recover and move on in a peaceful direction.
The Accident
A young man (23), and new rider, was riding his 1979 GS550 on a two lane country road, approaching a blind partially controlled T intersection. The posted speed limit was 55. As he closed in on the intersection, a vehicle (SUV) pulled out in front of him and the rider was unable to avoid impact with the SUV. The rider hit the side of the SUV at full speed, colliding center mass with the SUV's cripple post between the front and rear driver's side door. The rider's left femur penetrated the front door completely severing the bone and femoral artery from his body. The young man effectively died on impact.
The SUV Driver
The SUV driver was 23. He stopped at the intersection and looked both ways according to witness testimony. He proceeded when he did not see any traffic in either direction. He did not see the motorcycle until it impacted the vehicle. The driver and his passenger both called 911 and tended to the rider who was unresponsive. They both made statements to the CHP who responded and took the report. The driver was cited for failure to yield right of way.
The Court Case
The DA waivered for nearly a year waiting on a kinesthetic report from the CHP to ascertain the speed on impact (which never came). The driver of the SUV and his passenger provided credible testimony to stopping and looking both ways and not seeing the rider. There was a series of photos from the accident scene that indicated the rider did not have his headlight on, was not wearing adequate protective gear (jeans, tennis shoes, non riding jacket, no gloves - but he had a helmet). There were no skid marks. No speed was ever ascertained. The case seemed to be driven by aggrieved parents who demanded the DA prosecute the driver for vehicular manslaughter, and force a face to face apology before the family, which the driver did (I was there and I thought it was shameful and wrong).
The driver was sentenced to community service and fined. His misdemeanor conviction forced him to resign from his public job due to his inability to operate within the insurance policy of the agency. He is now unemployed.
My Takeaway
I really got to see this case from the driver's perspective. He genuinely did not see the rider. How could he be faulted for that? I always thought there had to be negligence and/or intent to prosecute. He did what he was supposed to do. He stopped, he looked in both directions. He did his due diligence. At what point do we riders present a risk to drivers?
I watched the driver go through a year of depression over possibly losing his job, fearing jail time, not knowing what the outcome was going to be. The family of the rider sued him in court but dropped the case after the criminal case resolved. I genuinely felt bad for the driver.
The family was emotionally devastated (understandably) over their loss. They badgered the DA endlessly (understandably) and when they finally met with the driver after he was sentenced, they shamed him in a way that should have been stopped by the professionals in the room. The mother of the deceased rider was driving the meeting and the father of the deceased rider looked particularly remorseful as he was being shamed by mother about giving his son the bike in the first place. They took absolutely NO accountability for their son's failure to go to an MSF course, obtain his license, wear all the gear, ride a bike that had modern safety features, etc.. Where was the personal accountability? I'm a rider safety advocate (perhaps to a fault) and all I was hearing is how it was all the driver's fault.
To this I say: We (riders) assume all the risk. We ride exposed and we take more risk by being much less visible. Therefore why continue to blame others when we don't do everything to mitigate our own decision to ride? I'm kind of done with the rants about other drivers.
I think it is time we advocate more mandatory safety requirements, especially for new riders, and bring more awareness to our community that our finger pointing at driver's only deflects from our own shortcomings as riders mitigating risk.
Disclosure I was involved as the father of one of the passengers in the SUV.
Lastly, my prayers are still with the rider :rose and his family, and with the driver who I hope can recover and move on in a peaceful direction.
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