accident

[FryeVRCCDS0067]

One of my Grandsons was in an accident on his Valk over the Labor Day holiday. He was passing a dump truck on a rural road just a few miles from his home when the truck turned left into a cornfield without signaling. He was able to slow a little before impact with the drivers side door and step.
Thankfully he was geared up. His leather jacket and gloves prevented a lot of damaged skin, and although his helmet caved in the drivers door, he has no head or neck injuries we are aware of yet. His lower right leg appears to have hit the drivers step and is badly broken. It will be "non weight bearing" for quite a while while the screws and bone plate heal. The doc said it appeared to have been separated enough to trap a lot of tissue between the broken bones which was difficult to extract without further injury.
I suspect his Valk is totaled but we are still waiting on an insurance adjuster to look at it. And he's too miserable to worry much about it right now.
The dump truck owner admitted fault right away and volunteered his trailer and truck to help us get KC's bike home and in his garage. KC is unable to stay at home or work at this point. Thankfully we are a close knit family with his brother, one uncle (my son Andy), myself and several other family members living nearby so he is in good hands and being well taken care of by family until he can return home. But, after the bone infection I experienced years ago in a similar but less gruesome injury, we'll be very worried for a while I guess.
If you're so inclined, prayers would be greatly appreciated.
Thanks,
Mike

[Disco]

Sad to read about the accident, but really happy to know he's on the mend.

[Jess from VA]

Sorry for your grandson's troubles Frye (Mike?).  It's bad, but could have been worse.

I have my own trouble with dump trucks.  My day rides always go out though the Manassas Battlefield Park (all 2-lane), and there is a huge stone quarry (that can be seen from space*), and a cement manufacturer out there, and there are always a pile of big trucks lumbering along, causing traffic backups, leaking copious mud, water, gravel and stone in the road.  And there are limited double yellow passing lines.  And you take your life in your hands passing.  One may be blown off with ease, but they are often in twos, threes or more.  

And there's National Park Police out there who take a dim view of going from 35-45 speed zones and hitting 80mph to blow off multiple trucks (even for only a few seconds).  I got pulled over for this a month ago (and I had not been pulled over in truck or bike or had a single ticket for well over 20 years).  I got off with a warning only (and it could have been written as a reckless).  It didn't hurt that I saw him coming way back, knew it was me, and pulled off into a safe spot for both of us, and then waited for him to come and get me (he didn't pass those trucks like I did, and when he pulled in, I was off the bike with documents in hand)(I could easily have run up the hill and gotten away clean, but didn't).  So I've cooled my jets out there since then.  

I am not anti-trucker, and realize these are probably good jobs for hard working men with families.

My technique for passing these big boys is to roll up close (not too close if they are leaking crap) and right near the centerline, and lingering a bit so hopefully they see me and my dual headlights in their mirrors, before any pass.  And this technique has on occasion gotten me an instant left turn signal, letting me know passing is not a good idea right now.

*Big stone quarry Manassas VA.


If your grandson's pass was on dashed yellow lines (legal) and the truck used no signal, I hope you are laying claim against the truck company for all medicals, loss of wages, and the bike.  

[FryeVRCCDS0067]

Appreciate that advice. This road has no lines, even though it's a county line road. Also, the truck doesn't belong to a company. Just to a local family and neighbor my kids all know from school. Unless necessity or the insurance companies bring them in, I imagine this will end with a handshake, not litigation. KC's a grown man though, so ultimately it will be up to him.

Man he loved that Valk though. I helped him install a hitch on it so he could carry his mountain bike on the back and he just bought new/used pipes for it. He has a couple of other bikes, but that's his only Valk.

[Jess from VA]

Appreciate that advice. This road has no lines, even though it's a county line road. Also, the truck doesn't belong to a company. Just to a local family and neighbor my kids all know from school. Unless necessity or the insurance companies bring them in, I imagine this will end with a handshake, not litigation. KC's a grown man though, so ultimately it will be up to him.

Man he loved that Valk though. I helped him install a hitch on it so he could carry his mountain bike on the back and he just bought new/used pipes for it. He has a couple of other bikes, but that's his only Valk.

Well Mike, assuming the pass was prudent (no lines, but clear view ahead), I would certainly place all fault on the truck turning without any signal (and not looking in his mirrors).

I would hope this man/neighbor is acknowledging being at fault, and willing/able to contribute to damages.  

To the extent your grandson has health insurance coverage he may not be out of pocket at all, or he may owe some copays, etc.  And that is what the truck driver should pay.  

Know that your grandson's health insurer can 'subrogate' to his rights, and lay claim against the truck driver for all they pay on your grandson's behalf (the health ins co generally has ongoing legal representation that does that for a living).  But that may or may not happen.

Your grandson would also have a claim against the truck driver for the cost of all motorcycle repairs or the fair market value of the bike, whichever is lower (and a total may be lower than full repair, since our old bikes aren't worth as much as they used to be).  If he had full coverage bike insurance, then it works the same way as the the health insurance (his co pays him, then maybe lays claim for their loss against the truck driver).

And your grandson would also have a claim for any loss of wages from being off work, if he is.  But maybe not if he is able to to take annual or sick leave and still get paid.

Ending with a handshake and not litigation would be my advice too, and a good idea if they can reach an agreement.  Your grandson should do his homework on the medical bills, cost of repair OR fair market value of the bike, and lost wages. The driver may not be able to afford all of it, and a settlement for some of it which is agreeable to your grandson may be the way to go.

I'm no longer a practicing attorney, and was never licensed in your state, and cannot represent anyone anymore, but I still know how to do the tap dance.    

If you have any questions, fire away (here, or in a PM, and my email is in my profile).

[FryeVRCCDS0067]

Man I appreciate that info Jess. I will pass it on to him.
I'm still amazed that he walked (actually crawled and hopped) away from hitting a dump truck without being killed. Someone was looking out for him for sure. It was indeed the only safe place to pass on that road and the guy admitted fault to us and the LEO. He just failed to signal or look in his mirror, even though KC was flashing his headlight during the pass.
As the instigator of all things motorcycle in this family, I certainly feel some indirect responsibility and will be very relieved when I see that leg uncovered and somewhat healed.
Thanks again my friend.
Mike (Frye)

[carolinarider09]

Prayers for your grandson.  May he fully recover. 

[Jersey mike]

Sorry to hear about this, hope he makes a full and speedy recovery and that all the legal issues work out smoothly.

Best of wishes.

[Rams]

We all know when we saddle up and go for a ride that there's always a chance something will happen.   You bear no responsibility.   His Guardian Angel was watching and helped him, that's why he's still here with us.   Will keep him in my thoughts and prayers.

Rams

[Chrisj CMA]

That’s every bikers worst nightmare. Prayers for healing

[Jess from VA]

That’s every bikers worst nightmare. Prayers for healing

My worst nightmare is being on a narrow two lane (my favorite place to ride) and having an oncoming vehicle just come across the centerline right at me (inattention, texting, heart attack).

Swerve into the woods and dump, swerve into his lane since he's in yours (done that), or stand up and jump up and over his car as he demolishes your bike (without you on it)? 

[Oss]

Wow Mike, your grandson is one lucky fellow although easy to see why he may not think so

Jess' advise is on target  I missed what State the accident occured in (Indiana?)

Your grandson needs to, when able, get the police report and file his claims with his bike insurance carrier
after checking the Declarations page of his policy,   no rush on filing a claim against the truck owner, concentrate on getting better first

Also buy a cheap bound notebook like 1st graders use,  each day fill out what meds taken, what hurts, what drs or hospitals visited   Your memory is not reliable do this or have the family member do it for him.   40 yrs of personal injury practice says nothing like "day in the life stuff"

We will certainly keep him in our prayers if you give us a name

[Valkorado]

Prayers for your grandson's healing and recovery.

[Jersey mike]

Wow Mike, your grandson is one lucky fellow although easy to see why he may not think so

Jess' advise is on target  I missed what State the accident occured in (Indiana?)

Your grandson needs to, when able, get the police report and file his claims with his bike insurance carrier
after checking the Declarations page of his policy,   no rush on filing a claim against the truck owner, concentrate on getting better first

Also buy a cheap bound notebook like 1st graders use,  each day fill out what meds taken, what hurts, what drs or hospitals visited   Your memory is not reliable do this or have the family member do it for him.   40 yrs of personal injury practice says nothing like "day in the life stuff"

We will certainly keep him in our prayers if you give us a name

 

“ Also buy a cheap bound notebook like 1st graders use,  each day fill out what meds taken, what hurts, what drs or hospitals visited   Your memory is not reliable do this or have the family member do it for him.   40 yrs of personal injury practice says nothing like "day in the life stuff"”

This is great advice, I would add that anyone living with him should also keep notes of things they may see or experience be written down as well, especially if any cognitive changes are occurring or sudden changes to what was “normal” happen or start popping up.

Those cognitive things can be small like forgetting conversations, repeating things as if it was never said or discussed or doing things completely or even slightly differently that are not related to another physical injury.

[HayHauler]

Praying for healing for your grandson KC.  Man, I can surely relate to this type of accident.

Hay 
Jimmyt

[FryeVRCCDS0067]

Just an update on my Grandson KC. He seems to be healing well, as in less pain and less pain meds.

He still has to keep the leg elevated nearly 24/7 to control the swelling. So, he's still staying at his Uncle's house since between the kids, Andy and Autumn someone is always there with him. He comes here  to shower since our shower is better suited to his needs.

He's still a long way from getting back into his house, working, driving, riding or doing 25 mile mountain bike rides, but considering he connected with a dump truck, we really have to count our blessings. When he was sitting in that corn field with a broken leg and a crashed Valk he still had a good attitude, a smile and showed little evidence of his injury if you didn't look at his lower leg. No ambulance, we loaded him in a car so he could see we got his Valk in his garage, then he went to a hospital.

He's a tough kid, I'm very proud of him. And all of us really appreciate the prayers, good thoughts and advice.

Thanks,
Mike (Frye)

[Jess from VA]

That's good news Mike, and glad to hear it.   

The only thing I ever broke was a finger, and man I was a big baby about it.  OWWWW 

[John Schmidt]

The description of your grandson's leg made me cringe, glad he's on the mend.

As for broken bones, the only thing other than cracked ribs in football, was a busted left big toe. That was compliments of a young 2nd Louie poking around in a B-47 that I was waiting to work on and he wasn't supposed to be there. It was winter in New Hampshire, Pease AFB to be exact, and sub-zero temps. My work order had to do with the APS-23 radar used in the bombing system and I was freezing my keester off waiting on "Mr. I'm more important than you" to get out of the way. The B-47 had a rather long slanted ladder going up into the cockpit and as you entered there were two really large thermos jugs just behind your head that were strapped onto the outer wall. Postflight alwayse included unstrapping them, they mounted in slots then slid downward before latching/strapping in place. To remove them, you had to lift the thermos up and out, which is exactly what happened when the 2nd Louies parka hood caught one as he entered. I was standing nearly 10' away from the ladder but directly in line with it, I heard a loud bang and turned around just in time to see the nearly full thermos hit the slanted ladder about halfway down, flip, and land on my left big toe. The thermos was nearly full...which usually meant the honey bucket wasn't. It the two thermos were pretty empty, you could usually bet the HB wasn't. Since I was already cold it didn't seem to hurt much so when the 2nd Lt. was done I did my work and left, but once I got warmed up back in the shop...OH MY! I told my shop NCO what happened and headed for the infirmary. The male tech(we used to call them penis machinists) that attended me was about to cut off my new boots since I couldn't bend my toe...cut it off over my dead body. I removed the lace, used his special scissors and cut from the bottom of the lace opening to the toe cap. That allowed him to slide the boot off and all I had to do was have a shoe repair shop sew it together later. Our CO asked during inspection why my shoes didn't match so I told him of my experience. All he did was laugh about my boot story and didn't gig me. As for the toe, it has been more flat and a bit wider ever since...xray showed the last bone from the knuckle on up was split. Today, every time I get really cold it throbs...so what am I doing living in Wisconsin?

I didn't get any time away from the shop but had the thrill of sitting there with my foot elevated and helping the supply sarge inventory eveything. As for the toe, even with pain meds it kept me awake for six nights in a row. Aah...the memories, thankfully not all were painful.