Went down hard on Gravel Sat.22nd

[Freebird]

RomTom,

WOW...first post and I must say it was a great one. There is some very good wisdom in your words and I'm glad you took the time to share it all with us. I've never yet reached a time when I have had to consider that it was time to stop riding but I know that the day will probably come. I hope that I have the smarts that you do and know when it is time but also not allow it to come too soon.

 

I'm glad that you have joined us and will pray that your health and strength continue to improve.

 

Don

[Yama Mama]

Thank you Rom Tom for your story about your victory over cancer. You are very courageous. I think you may have helped us all.

God Bless you and I pray for your continued good health.

I am very glad your joined our family.

Yama Mama:thumbsup2:

[ddoggma]

Thanks Rom Tom. Your story is a inspiration to us all. Glad your feeling better, good luck and have a great year.

[PBJ]

First off. i had a slow drop too in a construction zone. Not alot of gravel just one good sized rock that I managed to hit dead on . The bike rolled out from under me and before i knew what was happening i was on the ground. Busted mirror wounded pride and a 6 in, fabric burn in the inside of my Champlain leather bomber jacket.The outside wasn't even scuffed. A few years before it was a near miss with a deer. I when through a 6 month peroid each time with a heightened sense of caution. It was uncomfortable to ride that way but i pushed through it and regained my confidence and comfort level. i'm not sure how long your period my be but if you love to ride then it will pass.

 

To Romtom, Having just gotten back into riding and on an older bike a trike might be too expensive. but a Voyager kit , A set of outriggers that make the bike into a trike might be just the thing for you. They look good and can be removed later if you want to go back to a bike. But it would allow you and the wife to ride together again. Personally that would be a big motivation for me. Good luck healing and remember we're all pulling for ya.

[loehring]

Great post RomTom. Thanks for sharing your story. Buddy I won't presume to tell you what you should do. I'm glad that you're going to be ok although it will take some time. I've totalled 2 bikes and been down a total of 6 times through 30 years of riding. I can honestly say that I never really thought about not getting back on but I do have friends who stopped riding after 1 minor accident. It's really up to each individual to make that decission. We ride because we love it but if the day comes when you no longer get any enjoyment from riding then why bother? This is something that no one can decide but you. I ride 12 months a year in any weather because it's what I do. I have a friend who is pretty new to riding who felt that somehow he was "not as tough" as I am because he didn't want to ride when it dropped into the 30's. He and I talked and I told him that toughness had nothing to do with it. I have the right gear and bike to handle the cold. I told him if he couldn't relax it wasn't a safe ride and he should stay off. He had nothing to prove to anyone. I'll tell you the same thing. You have a few months of healing ahead of you. Next summer you'll have time to think. You have nothing to prove to anyone. You've ridden because you loved it and only you will know if you still have that reason when the time comes. If you can look at what's happened and see it as a learning experience that will make you a better rider then you'll be back.

 

Heal up and we'll be praying for you brother.

[V4ME]

To be TRULY honest, I did't give it a thought the first 2 days. When the accident occured, lying on the ground before the bike was pulled off me, A cop pulled in to check on things and (#1) the first thing he said to me was you hit the gravel didn't you. I agreed and thought, he is telling me this because he knows of the gravel and his tone was like ( happens all the time)??? ( #2 )He then told me and my other riders that I was the 5th bike to go down there this month. I replied with then why didn't someone do something about it, he replied this is a small town I guess. Meanwhile, all I could do of was think of those comments , my situation, how that this is the entrance to the facility and how many more bikes are going down, or someone could get hurt worse than me or killed. Thank God I didn't have my wife on the back. Believe me, I am 51 and never sued anyone or thought of it, but this situation has got me really upset. I have been riding all together on and off for 17 years and fortunately never had an accident. The coment that why would I make someone pay for (MY MISTAKE) is way out of line in this situation. I guarantee you that if those comments were not made, I would have let my insurance do its thing. Law enforcement, owners, etc. that are AWARE of dangerous re-occuring accidents , injurys , damages etc. and are AWARE of what is causing them and do nothing to repair or warn others is obsurd.

I also would like to sincerely THANK YOU ALL for the well wishes and comments. I rely on this board for entertainment, friends and a TON of information and you never let me down! For now, I am taking it day by day, hopefull for a complete recovery, and feel lucky , it could of been alot worse.

 

TAKE CARE FRIENDS, BE IN TOUCH!

[Squeeze]

I'd go after whoever is held responsible for this and the other Accidents happening. Small Town or not. I'd make them pay for my Losses and Injuries. It's not only about your Health and Wealth, it's also about remembering them on their Responsibility and try to stop this infamous Practice.

[Redneck]

To be TRULY honest, I did't give it a thought the first 2 days. When the accident occured, lying on the ground before the bike was pulled off me, A cop pulled in to check on things and (#1) the first thing he said to me was you hit the gravel didn't you. I agreed and thought, he is telling me this because he knows of the gravel and his tone was like ( happens all the time)??? ( #2 )He then told me and my other riders that I was the 5th bike to go down there this month. I replied with then why didn't someone do something about it, he replied this is a small town I guess. Meanwhile, all I could do of was think of those comments , my situation, how that this is the entrance to the facility and how many more bikes are going down, or someone could get hurt worse than me or killed. Thank God I didn't have my wife on the back. Believe me, I am 51 and never sued anyone or thought of it, but this situation has got me really upset. I have been riding all together on and off for 17 years and fortunately never had an accident. The coment that why would I make someone pay for (MY MISTAKE) is way out of line in this situation. I guarantee you that if those comments were not made, I would have let my insurance do its thing. Law enforcement, owners, etc. that are AWARE of dangerous re-occuring accidents , injurys , damages etc. and are AWARE of what is causing them and do nothing to repair or warn others is obsurd.

 

I also would like to sincerely THANK YOU ALL for the well wishes and comments. I rely on this board for entertainment, friends and a TON of information and you never let me down! For now, I am taking it day by day, hopefull for a complete recovery, and feel lucky , it could of been alot worse.

 

TAKE CARE FRIENDS, BE IN TOUCH!

My comments were in line and I stand by them. you were operating a motor vehicle the law states it is your responsibility to maintain control of your vehicle. unless the property owner intentionally set a trap they are not responsible for your failure to control your vehicle. Now you say it is my fault because if it were not for my comment you would not sue. Long before I made the comment you hired an attorney to attempt to make some one else pay for your mistake. Its always some one else's fault.

[PBJ]

You are going to find that if you go to court (And you are within your rights no matter what anyone else says) That its not going to be a clear cut case of whether it was the business' fault or yours. Whats going to happen is the lawyers are going to start arguing over the percentages of blame involved.

 

What percentage was the gravel/and owners fault, what percentage was your fault, i.e your age , your riding experience, was the bike too big for you etc. And finally the Lawyers will go after Yamaha and include them because motorcycles are inheriantly dangerous machines. After all the arguing and cases brought up where motyorcycles were involved or how many bikes went down there and witness to such etc. the court will then decide how much responsiblity each party had to the incident. You will be given some portion of the responsibility and that percentage will be deducted fron the other two parties. What you will recieve will be based on that and your lawyers cut. Many times big out of town lawyers look for these cases because they can get big money out of Yamaha ( or any other motorcycle manudfacturer)and or the business' insurance company.

 

Then there will be appeals until a settlement is given especially if its big. If its small it will come alot quicker because everyone will want it over. I speak from personal experience having watched a good friend go through a tragic accident where in his wife and son were killed in a car accident. His wife who died was awarded 25% of the blame because she was making a u turn when she was rear ended by a 17 year old going 25 miles over the speed limit. The impact propelled her vehicle right under a passing tractor-trailer truck ripping the cab top off her pick up truck. That was 19 years ago.

 

Remember there will be enough blame to go around. Its something to keep in mind as you move forward.

[Squeeze]

My comments were in line and I stand by them. you were operating a motor vehicle the law states it is your responsibility to maintain control of your vehicle. unless the property owner intentionally set a trap they are not responsible for your failure to control your vehicle. Now you say it is my fault because if it were not for my comment you would not sue. Long before I made the comment you hired an attorney to attempt to make some one else pay for your mistake. Its always some one else's fault.

 

Mike, you got that wrong. His refer to "Comments" didn't meant your Comment, but the Comments he heard at Scene and which he had marked in Bold Text.

[raceman62race]

Sorry to hear about your accident. I really hope and pray you have a fast recovery. I started riding at the age of 9 on a dirt bike...a little Yamaha 60. My Dad had a 25 acre farm and I rode as hard and fast as I could all over the 25 acres. As I got older, I graduated up on bikes until I ended up with a KX250. I took quite a few 50 + MPH spills on the 250....never broke any bones but did have to take time out to heal. I always climbed right back on as quick as I could. When I got drivers license, I started riding street bikes. My style of driving didn't change: I rode as fast and hard as I could. I had a few close calls and they were all my fault from excessive speed. I would always tell myself that the next time I get back on my bike, I was going to ride the speed limit. But, I would be back to my old self going as fast and hard as I could on the very next ride. No need to explain the close calls but I finally realized if I wanted to live, I was going to have to give up riding. I just couldn't control myself once I got on a bike. When I was 22 years old, I sold my motorcycles. I always dearly loved riding. I went without riding until I was 40 years old. I missed it terribly! At the age of 40, I felt like I didn't have that "need for speed" and I felt like I could ride more maturely. I bought a cruiser. I am glad to say that I have lost the need for speed and I now ride the speed limit. It was just a maturing thing for me. I am now 46 and I have been riding almost every day since I was 40. Most of my riding is in a very rural part of GA and if I were to go down, I don't think I would give up riding but we are all different. I have told my wife and friends that if I die on a bike, at least I died doing something I love. This is a slightly different attitude than what I had when I was younger but the way I drive when I was younger, I was difenetly going to take a bad spill. I know there will come a time when I will have to give up riding because of age, health and many other reasons. That time will come sonner for some and later for others. Either way, it is something we have to work out within ourselves. I think when the time comes, you will know it!

As far as the attorney goes....I always felt like it was my responsibility to evaluate the road, entrances, weather........and determine if my skills would allow me to ride safely. As someone said previously, unless there is a purposely placed trap, I would feel like a spill would be my fault no matter how many other bikes have spilled in the exact same spot. There are wrecks on the dragons tail weekly and no one is making a case against the state. But that is just my 2 cents worth!

Hope you heal quickly!

Edited December 2, 2008 by raceman62race

[CrazyHorse]

Living in a rural area myself gravel along the edge of roads is a fact of life. Sometimes the gravel gets onto the road from cars leaving the roadway kicking up the gravel. In fact in my area they spray oil on the road and coat the entire road with gravel with the weight of the cars packing into the road. I'm not sure your gonna win a lawsuit.

[V4ME]

I was talking about the COPS COMMENTS! Thanks Squeeze for making this clear and pointing this out!

 

Bottom line, If other bikers did go down, and this is a public entrance, not a corner or shoulder, spot in the road, etc, then ok, I should just turn my head , ignor that people are aware that this is a hazard, just let riders keep getting injured or killed and continue to let this be a weekly or monthly occurance? If this was not a publice entrance and those comments not made I would have done NOTHING! I take full responsibility for my actions and always will, but in this situation, I feel I am doing what is necessary, the cops comments and lack of concern keep me awake at night. Also I try to ride with my eyes open most of the time., even on bright and sunny dry days.

[ibents]

I was talking about the COPS COMMENTS! Thanks Squeeze for making this clear and pointing this out!

 

Bottom line, If other bikers did go down, and this is a public entrance, not a corner or shoulder, spot in the road, etc, then ok, I should just turn my head , ignor that people are aware that this is a hazard, just let riders keep getting injured or killed and continue to let this be a weekly or monthly occurance? If this was not a publice entrance and those comments not made I would have done NOTHING! I take full responsibility for my actions and always will, but in this situation, I feel I am doing what is necessary, the cops comments and lack of concern keep me awake at night. Also I try to ride with my eyes open most of the time., even on bright and sunny dry days.

 

 

Not knowing the laws of various states and I don't think any of us profess to be legal wizards , I would think that the owner of any business or property would be libel and responsible for the proper upkeep of their property to which the public has access. I would say that seeing as there had been several incidents at the same spot which had been documented by the police and no action taken to prevent any further occurances, why would the onus be on...in this case....the rider?

 

In know for instance in Windsor and I assume the rest of Ontario if you don't clear snow from the side walk in front of a business or residence within a resonable amount of time you can be fined and if someone is injured because of their negligence, sued. I'm sure some of my Canadian brothers will correct me if I'm wrong.

This may be like comparing apples and oranges but libel is still libel. Thats my take on this anyway.

Buddy, hope you heal soon.

 

Ian