ugh help, lame left hand turn accident with brother

[JoneZ]

Right now I could kill my brother, I could really use some advice cause I've been so pissed/hurt.

My mother died recently so I went over to his house to tell him (he's half, not his mother but pretty close to him) and we have a day. We haven't talked because he's been on/off drugs. long story short, he offers a ride since he bought a brand new 1299 panigale and offers me his 1199 for a spin so we go for a nice family group ride ..

The first hour went great, we have comms on so we can talk during the ride (first time using those, how wonderful are they) but on the second leg, it wasn't so great..

At about 7pm (dark out), I'm following him, he finishes a turn while I'm still mid turn and he takes off. This is where it gets interesting --

We enter this long stretch of empty country road (bi lane) and all of a sudden, he panic brakes in the middle of this road so I react, I have space and I'm braking. He was trying to make this crazy left hand turn, no signal, pretty much the most fucked up thing yuo can do. I felt as if he was showing off. During this, I'm still trying to figure out why he's braking, their's open road and I thought he was preparing for a gravel patch since it was a little gravely (rained that day) and he had no blinker on, it was just all brake lights. Also with his rear tire locked up, it's kicking up gravel and smoke so I figure meh gravel reaction. I'm in a good spot, inside close to the lane divider while he's center or #2 mc lane, so I brake as safely as I feel possible and I see the road is clear so I stayed my course and at the last minute, the brother turns into me and clipps my right knee sending me into the curb and flying into a fence. It was very scary, my first wreck with another party in 10 years of riding and sadly had to be my brother.

I then quit making out with the fence and rush to my brother who's in the middle of the road with the bike dropped and he apologizes to the moon, he was embarrassed by the bonehead move so I didn't get too upset cause I felt bad both bikes were his and it's my brother, he then tells me he doesn't have a license, the bike I was riding is unregistered and uninsured and that we had to get the bikes out of there, that he'll get fucked if the cops show up so we push the bikes off the road - still kind of in panic mode.

At that time we got lucky one of his friends was driving by in the middle of nowhere (It's actually the rider in the famous daniels headbutt youtube video where he headbutts the white truck driver), so he gives us a ride to where we can get a trailer and pick up the bikes..

During this we arrive at his house and besides saying sorry for everything, is complaining his hands were hurting cause the bars snapped back after hitting my knee. So because he was in pain, he rushes to his cabinet and starts smoking speed to feel better, I guess he couldn't hide it. It was very awkward and I thought he was acting funny before the ride (putting stuff down, forgetting it, looking for it, took an hour to suit up for the ride)

Well about 2 weeks ago, I've been getting these crazy late night texts saying I would be found at fault (I think his tweeker friend is advising him) saying I hit him from behind (no rear damage), he did have a blinker on, that he'll accept my auto policy if I say hit him with my truck in a parking lot, totally changing his story because he's planning to buy a house and can't afford a broken bike (pretty much being a piece of fkn dog shit). I told him he's a loony toon and go f himself, but I'm concnered because I only have auto policies and no motorcycle coverage, so now I have the biggest piece of shit brother, these drugged out texts (which I've blocked), and he's quoting the wreck at like 20grand which is crazy.

I don't want to write a novel -- I have a hard time just keeping calm about it but I would appreciate any advice .. Here's some pictures I took

 

[JoneZ]

 

[SuperMike]

What a shitty situation.

Especially because, technically, it sounds like you were at fault for the collision.

I say you gotta own up to it, call your insurance company, say you were test-riding the bike or some such shit, and hope that you're covered. You do have insurance, right?


edit: Oh, and beat the living snot out of your stupid brother.

 

[UDRider]

Umm, is the bike his....?

 

[ariacode]

1) Delete your post.
2) Talk to a lawyer or two.
3) Tell your brother that the phrase "only buy X if you can afford two of them" is not meant to suggest that you should buy two of them.

 

[JoneZ]

I'll talk to an attorney, no need to delete this, i've researched left hand turn accidents and it seems pretty common (40%). If he says I hit him from behind, this is side damage from his negligent to make a safe left hand turn with a 25 ft skid mark as an unlicensed rider. I didn't go up his ass, he has no rear end damage, it was an unsafe left hand turn.

"The left turning motorist also has the duty to yield to all vehicles approaching from the opposite direction which are within the intersection or so close thereto as to constitute an immediate hazard. Some courts have gone as far to say that when the left-turning motorist observes a vehicle approaching from the rear, it is a dereliction of duty to fail to look a second time before commencing the left hand turn"

Am I thinking that straight?

 

[stan23]

So your brother is a tweaker and blames you for the accident for both bikes.

Good. Luck.

You are pretty much screwed.

lol, karma..

 

[splat]

Edit: Nevermind. You seem to be a lawyer and know what you're talking about and you're just ranting.

 

[lam@barf]

Sounds like he set you up? A moto version of a "slip'n'fall" scam? Tell him if he doesn't shut up and go away you'll report him to the cops as a con artist / extortionist? He's picking your pocket?


I had a taxi pull a short stop in frount of me on a rainy night at an on ramp. Cop looked at both vehicles, talked to both of us and the taxi's passengers. It was the only time I know of that a cop told a rear ended driver to shut up and go away unless he wanted to get arrested.

 

[mean dad]

Sorry to hear, OP. Check state laws on reporting accidents (in Cali you must report if there are injuries, or damage over $X), but I'd say contact your insurance and get in front of this.
Best way to deal with any kind of threat is to meet it head on.

 

[ScottRNelson]

From your description of the incident, it sounds like you're the one at fault. You should have stayed behind him and definitely shouldn't have passed on the left in that situation.

I came close to something like that once on one of the Pleasanton/Dublin lunchtime rides out on Palomares Road. I was about to make a U-turn at the north end to go back through that wonderful ten miles of road and apparently didn't quite make the correct hand signals to notify those behind me what was about to happen. A rider two or three bikes back didn't slow down like everyone else and passed me on the left as I was about to turn left to turn around. Both of us would have been partially at fault for that one if we had collided.

When you're following another rider, stay behind unless you're absolutely sure it's safe to pass. Unless the bike in front is slowing and pulling to the right edge of the road - and likely with the right turn signal on - it isn't going to be safe to pass.


Sorry about the bad situation this has turned into.

 

[Archimedes]

If I were in your shoes, I would do nothing but document at this point. Tell him that you believe it was his fault and you have no intention of paying for anything. If possible, get his offer to commit felony insurance fraud in writing or recorded, just to have it in your back pocket.

Regarding the accident, was it one lane or two and, if two, were you in the left lane and he in the right? Regardless of the lack of signal, would a left turn or a U turn have been legal in that location?

If it was one lane and a left turn would have been legal in that spot, I would say the likely outcome would probably be shared negligence on both parties.

Question though, how does a tweaker afford those bikes?

 

[RightCoastBias]

You should ask your brother if he's willing to lose his brother over money, when he knows he's the one who fucked up. If he still comes at you with this shit, lawyer up and cease communication.

 

[Whammy]

what a douche

Your brother is a complete douche.... drugs right after with no thought of you being there?
His stupidity,lack of judgment ,and the drugs :mad
Pay the idiot ,and write him off!
Condolences for the loss of your mom.

 

[mototireguy]

Have your bro drag you into court. The judge will have a field day laughing with his unregistered and uninsured bike claims.

 

[GPzPop]

are the bikes even in his name?

 

[DReg350]

Whatamess. So, yeah, don't go with your brothers tweaked story. How is he going to explain you hitting him with your truck, yet there's damage to two bikes? This situation is already fucked up. Don't add insurance fraud. :2cents

I'm not gonna bust your balls, but you have a lot to think about. To me, this was an avoidable situation with many signals and opportunities that should have caused you to step back. Think about it. :afm199

 

[ariacode]

I'll talk to an attorney, no need to delete this

OK, I was just worried that you might lose some options if this account of the incident is online. It looks like it borders on self-incrimination (uninsured driving, etc...), but what do I know.

Anyways, sorry to hear about your mother. I hope you're finding peace despite the motorcycle drama.

 

[ST Guy]

Tell him to go suck eggs. He created the situation. And if he persists, tell him you'll let the authorities know that he was riding without a license and without insurance.

After it all dies down, do NOT have any further contact with him. He's a loser.

However, if you sensed he was going to make a left turn, why the hell did you pass him on the left? I would have braked hard and gone right. Wide right.

 

[ScottRNelson]

I would have braked hard and gone right. Wide right.

I would have braked hard and stayed behind him. :x

That's the only real safe position to be in.