Hi Folks...
Came across this site in an attempt to find info about whether I should pursue legal action for bike crash I was involved in Memorial Weekend, 2006.
I think this site and forum is a great resource for bikers, even if they haven't been injured in a motorcycle accident. There's a wealth of info here, and tons of stories of bikers' struggles as a result of bike crashes and stories of their triumphs.
On to my issue...what I am interested in hearing from others is if I should go after the other party for damages. And also, what my percentage of fault is likely to be, or where I can find out information about this.
Let me begin with my background: I am a 53 year old female, (52 when accident occurred) with 10 yrs. riding experience, averaging 6K-8K miles of riding per year, with no prior accidents on a motorcycle, and 1 speeding ticket, which was later dismissed. The bike involved in this crash was purchased new in Aug. 2004 and is the second VTX1800 I've owned. (The first was a 2002 early release model, and I believe I was the first woman in the country to own this model.) I've lost count of the number of MSF classes I've attended, both Basic and Experienced Rider. In 2002, I was certified as a MSF Motorcycle Safety Instructor, however I do not teach.
On May 25, 2006 I was riding my 2003 Honda VTX1800 from home, to a weekend Bike Run about 10 miles from where I live. It was approximately 8:00 PM, daylight, and road conditions were dry. I was wearing jeans, boots, and a HD leather coat with some armor in the sleeves, but no gloves or helmet, (not required in Idaho). The bike had been fueled, just prior to the crash, and weighed app. 750 lbs., plus the rider and gear.
The road, just outside of town, was a 2-lane rural highway, with moderate traffic. After leaving the city limits (35 mph), I passed a small 4-door sedan, where the speed limit increased to 55 mph. There was a small pickup truck in front of me, approximately 1/4-1/2 mi. ahead. After passing the car, I checked my mirrors, speed of the bike, checked the road ahead of me, and was trying to determine the status of the pickup truck, also traveling north.
Traveling at 50-55 mph., I was puzzled by something not being quite right, but was unable to determine what it was. The sun was to my left, low in the sky, and I was trying to determine what was happening ahead, but didn't see any turn signals or brake lights. I kept focusing on the rear of the truck, but wasn't able to figure out what was wrong. I thought perhaps the sun was shining through the truck's lights or was causing them to not appear illuminated, but nothing I could see was out of the ordinary. So I tried to change my angle of view by shifting my seat position, changing the position of my sunglasses, and changing my head position, to get a better view of the truck. (This is a 'grey area' for me...perception of the vehicle's slowing was never clear.) I finally decided that the truck was nothing to be concerned about, (wrong decision). I then looked over my right shoulder to check the backpack and the bag of ice I had strapped to the seat and checked my speed again.
When I looked ahead again, I realized the truck was stopped in the intersection, to make a left turn presumably, and I had somewhere between 50-100 ft. of stopping distance, and that wasn't enough room to stop.
I applied both front and rear brakes simultaneously, but apparently, as the bike got closer to the point of impact, I under braked on the front, and over braked on the rear, and left a skid mark of about 20 ft. (This bike has a linked braking system and ideally, should not have locked the rear wheel.) I can recall about 2-3 sec. between the time I realized the impending doom, and the actual impact.
The bike hit the truck's bumper at a 90 degree angle, at just left of center, and fell over to the right side. There was a gouge in the pavement where the bike fell, just in front of the skid mark. The skid mark was very straight until impact, and had a left hook at the end, suggesting the front wheel was cocked to the left when it hit the bumper and may have been still moving forward. At the moment of impact, I recall sliding forward on the seat, but not much else...I was thrown off the bike and landed in the on-coming (southbound) lane. I believe the bike also landed in the on-coming (southbound) lane, with me slightly forward of the bike and to the left of it, on my back. Another vehicle was traveling south and was forced to drive onto the shoulder/ditch to avoid hitting me...I thanked that man for his attentive driving. Both he and the driver of the car behind me stopped and offered aid and were witnesses, (interviewed by sheriff’s police).
The driver of the car behind me said the pickup truck didn't have any brake lights or use any turn signals. The driver of the pickup truck (a young lady of 18-20 years old), continued sitting in her vehicle crying hysterically and saying, "I'm sorry, I'm sorry". I asked her if she was injured and she said "no" and then told her she "needed to get her Gxx Dxxx lights fixed".
I remained laying on the pavement, suffering mostly from back and neck pain, and some rather delusional thoughts. As I laid there and looked at my bike (left side), I thought...bike doesn't look too bad, maybe I'll be able to ride the poker run tomorrow, LOL. Paramedics arrived within 6-7 minutes and I was loaded on a backboard and transported to a local hospital by ambulance about 30 minutes after the crash. I was very thankful the Life Flight helicopter was cancelled which implied my injuries were not life threatening; it had been on stand-by.
My primary injuries were a cut on my right eyebrow (5 stitches), pain in left foot, lower back pain, neck pain, pain in the groin area, and pain in both hands. X-rays and MRIs showed no broken bones. Hitting the windshield as I was ejected apparently caused the cut above my eye. The back/neck pain is a whiplash injury, and most likely happened at impact. 3 friends, who came to the ER, later said I was still showing signs of being in shock for several hours after the crash.
My intense love of riding motorcycles seems to have waned somewhat and I think this is due in part, to the long period I was without a motorcycle, while I was waiting for the bike to be repaired and also due to my pre-existing condition with Major Depression. This crash has affected every part of my life. My injuries to the neck and upper back are still causing me a lot of pain, and I'm unsure of what can be done to alleviate it. And although the other physical injuries have pretty much healed, the emotional/mental and PTSD issues are still causing problems. I have lost interest in most everything that used to bring enjoyment.
At the hospital, I gave a statement to the police, but was still in shock and could not tell you what was said. And even the next day I was not very 'with-it', and should have waited to give my written account to police. Both drivers in this incident were cited: me for 'following too close' and the pickup driver for 'failure to maintain taillights'. I have a pretty good driving record, clean since 2002, so I was kind of upset when I was given this ticket.
In Aug. 2006, I had a court appearance for the citation, and the Prosecutor withdrew the case prior to trial. I was prepared to go to trial and win, however I was grateful that didn't happen. As for the other driver’s citation, I don’t know the outcome of that.
As for the motorcycle, it came out much worse than I did. The brunt of the impact was evidently absorbed by the bike’s front end; the front rim and tire were not damaged, nor was the front fork or frame damaged, and the fork retained its seal. The most surprising part that broke was the right side rail that snapped where it attaches to the seat. The windscreen had a small chip, but otherwise was not in bad shape. Most of the damage to the bike was cosmetic, a lot of cosmetic damage…repairs came to over $7700 and the bike would have been totaled if the bill had been $200 more.
Considering the speed I was traveling at, I feel extremely blessed to not have been injured more seriously than I was. I am thoroughly convinced there are 2 reasons for this. First, the front end of the VTX is extremely heavy and it has big fat tires. (I'll never complain about trying to 'manhandle' that bike in parking lots ever again!) And secondly, my years of training and years of experience gave me the skills and abilities I needed to react, (thank you Motorcycle Safety Foundation and Harry Hurt). The bike was also in top mechanical condition, with the tires having only about 4000 miles on them and had been checked the day before for proper inflation.

And even though my weekend at the bike run was spent as a bike-less biker, I was there.
After reading many accounts of other biker’s crashes, my incident pales in comparison. I can only imagine the terrible pain and suffering they and their families have endured.
Jenny
SW Idaho

Jenny,

I am saddened by this accident you have experienced and I can make these recommendations:

Have you, or, will you contact Brenda Bates concerning your statements below. I feel she can be of help on these issues your faced with at this time. Brenda can be reached at her website via www.bikepsych.com She is a superb biker and has a masters degree in psychology and is a certified hypnotist. Brenda Bates is also certified in Post Traumatic Stress Disorder (PTSD).

" My intense love of riding motorcycles seems to have waned somewhat and I think this is due in part, to the long period I was without a motorcycle, while I was waiting for the bike to be repaired and also due to my pre-existing condition with Major Depression. This crash has affected every part of my life. My injuries to the neck and upper back are still causing me a lot of pain, and I'm unsure of what can be done to alleviate it. And although the other physical injuries have pretty much healed, the emotional/mental and PTSD issues are still causing problems. I have lost interest in most everything that used to bring enjoyment. "

As far as, pursuing legal action, have you consulted a lawyer yet, to find what options you have?

Hope this information helps Jenny. Please include us on your progress Jenny, we are all in support and will try to help as much as we can.

With greatest respect,

Garry

Hello Jenny,
It seems you experienced something called Riders Intuition (R.I.) when you had a feeling something was not right with that truck. RI is something every biker should be aware of. Basically, its all about listening to your gut. Loosing your passion for bikes is a sign of depression. A lack of confidence and the feeling that one is no longer in control of ones life is common with PTSD as well as depression. It may help to realize when you have these feelings that they are "symptoms" rather than your authentic self speaking to you. Hypnosis plus anti anxiety/depression meds have shown to be the best treatment for these symptoms. Also, it can sometimes be the case that physical pain is exacerbated by depression. But hang in there, Jenny. I wish you all the best.

Thanks Garry and Brenda, for the replies. I plan on contacting an attorney within the next couple of weeks, will post again after that. I appreciated Brenda's comment (below); it made a lot of sense in regard to sorting out what is going on inside my head. And she also makes me realize the emotional healing takes much longer than the physical healing. AND, the healing isn't going to conform to a specific timetable. If I was 100% physically, I think that would also help the emotional healing. I've also found it very helpful to write about what happened, not only here, but I've also been journaling about the crash and what I'm thinking and feeling. My journaling can also include the concepts of "symptoms" vs "authentic self" in the process to continue the healing. As for my problems with depression, I've taken every medication that's available, including anti-anxiety meds, and none has proven effective in treating my condition. Hypnotism is a treatment that I'll give consideration.
Again, thank you for the comments.
Jenny

Brenda stated:
"A lack of confidence and the feeling that one is no longer in control of ones life is common with PTSD as well as depression. It may help to realize when you have these feelings that they are "symptoms" rather than your authentic self speaking to you."