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Who's at fault?

Usually the one that rear ends the other vehicle is at fault. There is no stopping on the freeway but I'm no expert on traffic law. Realistically you should always be looking out for this and should be able to stop or swerve away. I watched carefully several times, I feel that if it were me I would have been able to swerve and avoid the accident.
 
Not sure who's fault but to me it looked like he could have got back over to the right hand lane. Glad he was ok thou! Heal up rider!
 
It's the riders fault. He rear ended him. Live and learn. Hope he feels better. He could of easily swerved.
 
It is obviously the rider's fault. If you watch the video closely, at 1:03 when he is maybe 50 feet from the limo, he is STILL doing 57mph. That is the moment when he began to apply the brakes!
 
Rider jumped into passing lane a bit too early .. crossing solid white line ( gray area if legal or not ) .. then rider definitely target locked causing crash. IMO anyways.
 
Wumpus said:
It is obviously the rider's fault. If you watch the video closely, at 1:03 when he is maybe 50 feet from the limo, he is STILL doing 57mph. That is the moment when he began to apply the brakes!
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From Keith Code here ( http://bayarearidersforum.com/forums/showpost.php?p=7456064&postcount=639 ) ..

code said:
It's not a question of good or bad, it's the fact that there is always going to be some time between letting off the brake and getting back to the gas. You might think that isn't much time but think of how far the bike rolls at 60 mph in half a second, 44 feet. That's a lot. It's going to take you a half second, or more, to let the brake lever off and get back to the gas.
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Rider was actually on the throttle slightly accelerating before he started to brake. He would have needed to roll off ( and coasted the 44 ft Keith mentioned ) before even being able to start applying his brakes. Pretty much game over for the rider the moment he decided to reach for his brakes instead of steering out of danger.
 
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limo driver is a dousche for taking the shortcut and causing the accident...i would have swerved! then again i probably would have been going fast enough that the limo would have merged into this situation behind me:teeth
 
sorry,
but from the video you both are at fault, but as per the law you are 51% of it.
if i were a leo you would get sited for going to fast for cond's.

the limo would get sited for stopping in a lane of traffic, unsafe lane change, and being in the car pool lane.
would also check his cell phone records to see if he was on the phone/texting.

but then you also have the opten to try this in civil court as a "break check" deal. you have video but you also had time.

as a class A driver i hate these people they think they own the rd.

.
 
i see this all the time as i take that same carpool entrance. People always try to cut across to the fastrak lane from the carpool lane. and that is not a passing lane, the lane on the left is the entrance carpool from 880 side.

As for fault don't know, Yes he could have slowed down, yes he could have severed. but if he was checking his mirrors or looking over his shoulder when he merged and all of the sudden the limo try's to do an illegal merge out of the carpool lane. limo drive can be at fault i don't know. at 2:26 the screen shot shows the limo trying to get out of carpool lane illegally.
 
almost always better to go around an obstacle than through it :|. if the rider were in a car, would the outcome have been any different...

riders fault
 
Perhaps I missed it but I never saw the rider even check his mirrors throughout the whole clip before the crash. Even on one lane roads you still should be checking your six every few seconds. Overall, I agree with others---a swerve could have prevented the crash.
 
I see a couple of issues here, and I partially agree with packnrat and drunkmonkey.

1. The rider could have avoided this accident pretty easily by:
- Scanning the road from right in front him to way out 100's of feet a head of him.
As soon as I notice I am not paying full attention but am on 'auto-pilot', I mentally slap myself. I suspect this is the first reason he crashed.
- there was plenty of room to swerve BETWEEN the cars.
This is a matter of practice. Not everyone may agree, but from time to time I use the carpool lane diamond marks to practice swerving. Never next to or close in front of another car so as not to scare cagers. Its good practice and draws others attention to the fact that there is a m/c behind/next to/in front of them.

2. The limo driver looks like he came to an almost full stop in an attempt to get back across the "plastic pins" out of the carpool lane and into the Fastrak lane.
- This is illegal and highly dangerous and was the primary cause of the accident. Without this, an accident is extremely unlikely to have occurred.

3. Was the m/c rider travelling too fast for the conditions?
- IMO he was not, or he would have crashed into the red car in front of him. Wether he was going over the speed limit is different matter, but all in all, I think he was going at a speed reasonably corresponding with the flow of traffic.

4. Was the m/c rider travelling too fast for his abilities?
- Sorry, but IMO probably yes.
Is this a question of fault in regard to the collision? IMO, no.

Basically the rider could have avoided the accident, even if he had been on 'auto pilot' and had an "oh sit" moment. However, it is absolutely unreasonable to expect a car to come to an almost complete stop on a highway without traffic being backed up, an animal running onto the road, someone crashing in front of them, etc, etc.

At the end of the day, in court, the rider may or may not be found at fault or partially at fault.

This doesnt change the fact that the limo driver has a few dents in his bumper and the m/c rider is hopping around going "OWOWOWMUTHERF...>>>THATHURTS>>>SHITSHITSHIT>>>OWOWOW".

Most drivers are cool. They pay attention pretty well. Most of the time.

As a rider, you cannot afford NOT to pay attention. ANY of the time. You have to EXPECT the unreasonable to happen. At some point, it will.

Who cares if I am in the right, when I have road rash, broken limbs, a broken bike, etc etc.
 
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Versystim said:
Usually the one that rear ends the other vehicle is at fault. There is no stopping on the freeway but I'm no expert on traffic law. Realistically you should always be looking out for this and should be able to stop or swerve away. I watched carefully several times, I feel that if it were me I would have been able to swerve and avoid the accident.
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How the fuck do you get a helmet on??? :laughing
 
You are not completely at blame.

SHARED RESPONSIBILITY!!!

He was full of shit when he said, "my cars broke I was pulling right here". WHAT THE...!!! You are pulling over to the left?!!!

You were in the right lane and then switched to the left. Not because your car was broke. Its because you wanted to get out of the carpool lane because he probably didnt have a passenger.

Look at the positioning of his car at impact. He stopped in the lane. He may have pulled over but he didnt stop his vehicle in a safe location.

His statement caught on camera is your evidence. You may be wrong but you are not entirely wrong. Feel free to PM me.

Miguel
 
Video made private... DOH!
 
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