Who's really at fault

[Tedubya]

http://www.nbclosangeles.com/news/local/Newhall-road-rage-motorcycle-multi-car-crash-430061183.html


Saw this online today and everyone is blaming to motorcyclist.
Mainly because he didn't stop, so we don't know his side.
I think it's a natural defense when someone encroaches like that.

What you all think.

[willtill]

Looks like the truck high sided after the initial sedan collision....

It's the biker's fault... he escalated the situation by kicking the sedan.

Looks like a F6B too... :shhh:

[JGF6B]

Yeah, I don't think this is the bikers fault. The biker was an idiot for kicking the sedan but it looks to me like the accident occurred as a result of the sedan driver's retaliation to the biker. It looks like the sedan driver tried to take out the biker.

If you flip someone off and then they shoot you, is it your fault because you flipped them off? Not quite an eye-for-an-eye in either case.

[Tedubya]

I'm surprised he could even keep the bike up. Car hit him and he hit the wall. Drove around debris and took off.

[Elroy]

Looks like the truck high sided after the initial sedan collision....

It's the biker's fault... he escalated the situation by kicking the sedan.

Looks like a F6B too... :shhh:

Doesn't look like it to me, looks like a H-D. At first glance it did maybe, but the bottom most section of the tail is the same color as the rest of the bike which to me looked like orange, but just as easily could've been red. Until I got to the end of another news video covering this story and the bike was described as "burnt orange"

[ths61]

Too bad they didn't record/show the entire incident.

Sounds like the sedan tried to hit the rider while lane changing out of the car-pool lane. Would be interesting to see if the driver exited the car-pool lane across the double yellow lines as well. That would put the driver at fault twice (illegal lane change and not making a safe lane change). The driver also used his cage as a assault weapon (which is a 3rd charge).

Surprised the rider kept the bike upright and avoided all of the flying debris.

[Colorado]

The rider should get a leaving the scene of an accident ticket, but the driver of the car should be charged with attempted manslaughter and careless driving.

[ths61]

Anyone want to take any bets on if the guy reports this to his insurance company or pays for the repairs out of his pocket ?

[willtill]

Yeah, I don't think this is the bikers fault. The biker was an idiot for kicking the sedan but it looks to me like the accident occurred as a result of the sedan driver's retaliation to the biker. It looks like the sedan driver tried to take out the biker.

If you flip someone off and then they shoot you, is it your fault because you flipped them off? Not quite an eye-for-an-eye in either case.

As much as I would want to absolve the biker; since he's one of us... I can't

He initiated physical vehicle contact. And we all know that a motorcycle is not going to win a confrontation with a car. Except in this rare instance, the biker came out on top,

[98valk]

Just saw this on the news. The Biker was being stupid macho. I keep saying that we always lose on a confrontation. In this case, the biker's skills saved him, but still stupid. :icon_doh:

The car is clearly the most wrong. Also, the car driver apparently does not have the same driving skills that the bike has. :icon_lol: I have to admit I feel a bit satisfied that the car hit the center divider. Not so happy it involved yet another vehicle.

The bike shouldn't have left the scene, but I'm not too surprised it did in this situation. :nono:

This would not happen to me. Kicking at a car is not instinct. It's stupid macho. Braking quickly and letting the car "miss", should be one's reaction. :stirthepot:

[ths61]

One thing I missed the first time I watched the video. The cager was illegally in the car pool lane (minimum $481 fine). Only one person in the car. That makes at least 4 violations.

[Steve 0080]

A clear answer cannot be had until the previous actions, ( before the tape started ) are known. As far as the law in FLA, from what I saw the car encroached in the lane of the bike...kicking a car ...not sure what law violation that would be.....criminal mischief maybe... everything after that is on the car driver.. he tried to and did hit the bike which is felony in Fla, lost control and caused the rest.... I don't really see leaving the scene on the biker part as he was a victim, had no damage and did not really need an accident report...

Again, kinda like the NFL the person starting the foul is never seen just the retaliation ....JMO

[Bigcityd]

The Biker (Harley Street Glide if you zoom in) is at fault. He initiated contact. Having said that, the car then intentionally rammed the biker. That action then caused the collision with the innocent truck. Criminally, the biker will be charged with damaging the car and failing to remain at the scene of an accident. The car driver will be charged with assault with a weapon, dangerous driving etc. These road rage incidents never turn out well for anyone. I don't understand the thought process. Keep cool, take down the offender's information, plate, car, colour etc and report him. You stay safe and your tax dollars give back some value. Ride with your head up.

[Retired Army]

Not to mention the camera operator that caught it all.

[Broken Hand]

Damn good motorcycle rider, minus the hothead behavior.

[LA Weld]

The report I read from the Sheriff spokesperson was the cage driver entered the carpool lane and almost hit the motorcyclist. This initiated the motorcycle then kicking the door of the cage, thus escalating the situation.
Action reaction situation, Was the cage driver startled by the motorcyclist that they almost hit or was it retaliation?
They had not interviewed the motorcyclist at the time of this report and were investigating. I do not know at this time if the video captured the plate, but I am sure the biker has some explaining to do. Better have some legal on standby.:nono:
Driver in the truck has been released from the hospital and is expected to fully recover(as soon as the check clears)"fireybat"
The cage driver, if he did almost crunch the motorcyclist and was texting or distracted is the initiation. The bike is also in the wrong and will get some charges if he is found. Did show that he can ride and was lucky he was not killed.

[edgeman55]

Man if I went to kick every car that has cut me off over the years my boots would be wore out!Sorry as I see it the Biker had a right to be pissed but he escalated the situation by kicking the car.Sometimes one has to just let it go as no good comes out of road rage.Many years of long commuting in the SF bay area taught me that golden rule.

[vmaxed]

So, how did this happen? The man who shot the video explains the biker was passing cars between lanes, a practice called lane-splitting that’s neither legal nor illegal in the Golden State, according to the California Department of Motor Vehicles (DMV) website. The Sentra driver bumped into the motorcycle as he was exiting the carpool lane, and the two motorists started yelling at each other.

Witnesses say the biker kicked the Nissan’s driver-side door several times, even before the camera started to roll. One of the passengers told California Highway Patrol that he even flashed a knife at one point. The CHP haven’t charged anyone yet because they don’t know who is responsible, or which crime(s) have been committed. No one wrote down the biker’s license plate number, so they’re patiently waiting for him to come forward and tell his side of the story.

https://www.yahoo.com/news/m/7af6ce3f-0833-3bef-ab0c-6152418bda61/survivor-of-apparent.html

[BIGLRY]

So, how did this happen? The man who shot the video explains the biker was passing cars between lanes, a practice called lane-splitting that’s neither legal nor illegal in the Golden State, according to the California Department of Motor Vehicles (DMV) website.
You are right my friend, California law does allow motorcycles passing other vehicles proceeding in the same direction within the same lane, a practice often called "lane splitting," "lane sharing" or "filtering."


https://www.chp.ca.gov/PressReleases/Pages/New-Traffic-Safety-Laws-Take-Effect-in-2017.aspx
"Vehicle Motorcycles: Lane Splitting (AB 51, Quirk) Current law does not change; lane splitting by a motorcyclist remains legal if done safely. This bill defines lane splitting as driving a motorcycle, which has two wheels in contact with the ground, between rows of stopped or moving vehicles in the same lane. The bill permits the CHP to develop lane splitting educational safety guidelines in consultation with other state traffic safety agencies and at least one organization focused on motorcycle safety."

[motozeke]

Traffic wasn't heavy in this video so if the rider was lane-splitting it may have been the kind of lane-splitting that's all too common in CA: the kind that occurs no matter how fast or slow traffic is traveling. Some riders think it's as much their right to lane split at 75 as at a standstill. It pisses me off, can only imagine how drivers react.

CAVEAT: I have no idea what transpired before the start of this video. But I am a lifelong Californian so I know of what I speak.

[valkmc]

Man if I went to kick every car that has cut me off over the years my boots would be wore out!Sorry as I see it the Biker had a right to be pissed but he escalated the situation by kicking the car.Sometimes one has to just let it go as no good comes out of road rage.Many years of long commuting in the SF bay area taught me that golden rule.

+1 Either driver acts in a rational manor and there is no accident!

[unsub]

Anyone want to take any bets on if the guy reports this to his insurance company or pays for the repairs out of his pocket ?

If you're asking that question re the cager, i couldn't care less about that dip sh*t.

Their reaction and loss of control to the boot appeared to be one of surprise leading me to think they may have been distracted as in texting or talking to someone on their phone..if they had engaged the bike earlier and been aware of a near miss, they would have had their eyes and ears on that bike for some time after.

The biker was probably pissed that the cager almost hit them and either didn't notice, or didn't care. Out came the boot.

I did smile a little when the bike just carried on. He/She/Non gender specific was extremely lucky in this instance they did not get killed or lose a limb on that jersey barrier.

[olegoat345]

Like most road rage, both are at fault. A driver or rider screws up, the other person gets pissed & the fuse is lit.

[Steve 0080]

This had to be some kind of Superman kick or ninja super kick to make the car loose control and hit the wall. If every time a driver was startled by a bump in the road or something hitting the top of the vehicle there would be a lot of wrecks out there! I do not see where the biker is at fault and certainly not criminally as well. Again, if we had the tape from the beginning of this show the answer would be more clear. I would be hesitate to write the biker a ticket a leaving the scene as I do see him involved in this accident at all. Not so bright absolutely, criminally I would not pursue it. JMO

[MisterB]

Their reaction and loss of control to the boot appeared to be one of surprise leading me to think they may have been distracted as in texting or talking to someone on their phone..if they had engaged the bike earlier and been aware of a near miss, they would have had their eyes and ears on that bike for some time after

Yup. Their reaction was like they just woke up in the middle of that mess.
Or else it was like one of those soccer players overreacting to getting bumped.


https://m.imgur.com/r/funny/X3syHee