Whats up with DUI's LSA

[TearlessTom]

Okay I'm Pissed!!!

I have been hit two times in less than 12 months by DUI's on my Valk.  Both times hit from the back end while stopped at a light.

I guess I need to stop stopping at red lights!

1st one was at the Trail of Tears ride the guy came around me on the left then turned right on top of me. Hit my new saddle bags and knocked the bike over damaging the other side.

Tonight on the way home from work.I am stopped at a very well lit intersection in the left turn lane. Signal on, I have 5 lights on the back of my bike that light up when I hit the brake light., tons of chrome, and hugh saddle bags on the already Fat rear end and enough street lights you can read a newspaper. Nearly no traffic to speak of and her comes this drunk women and slams into my rear end.!!!

The bike is knocked half into the oncoming lane across a concrete divider. I do a back flip and end up standing at the back of the bike and to the side of her truck.

Initial inspection all my back end lights are history, my rear fender is history, and right side bag is damaged again.  

The women is drunk so I called in the tag to the police  and told them she was drunk and I thought she was going to run and guess what...she did!

She obviously was between night clubs.

I am a bit stiff in the back and neck is starting to spasm . I will go to MD tomorrow if not any better. Just took a flexeril and some motrin .

Just really pissed off right now.

HOW CAN YOU NOT SEE THAT BIG FAT RERAR END????


She finally said after several minutes before she took of that she thought I was turning.  The light was RED.   She never asked if I was okay  but "did I hurt your motorcycle?


Okay I needed to vent so now I am going to try to let the flexeril kick in and get some sleep. I just hate calling my insurance company in the AM.

Tom  
aka Drunk Magnet

[DFragn]

Glad your OK for the most part. Get yourself checked anyway.

Damn it. The only way to keep drunks off the road is to require breath testers/ignition disablers in all vehicles.
Yeah, like that 'll ever happen. A long with cell phone disablers...
Then again, I don't drink (anymore, didn't indulge much anyway ) and would hate having to blow with every turn of the key or push of the button.

Hope you get repairs done quickly.

[R J]

Guess what Brother, I do believe I suggested that you learn to find an avenue to get the 4377 out of the way in these situations when you had your 1st accident.

There is no doubt in my mind you saw her coming and could have avoided this accident.

Yes, I do go for the getitng the OWI or DUI off the road.   I did my share of it for 32 years.

Now, sorry to hear your bike got damaged again........   I was only hit once in the rear and it was because i did not pick an avenue of escape and maintain it.  Yes, I was on a CHP Motor and needless to say, the driver was in cuffs when the Cruiser got there.

So, just as a suggestion, go take the advanced MSF class.    I believe that is the one which suggests and trys to teach ya to keep an eye on the rear end of your bike when stopped.

[Hoser]

"She finally said after several minutes before she took of that she thought I was turning.  The light was RED.   She never asked if I was okay  but "did I hurt your motorcycle?"

At least she was concerned about your motorcycle!   

[Tundra]

Truly sorry, man that sucks. Glad your ok. I am very uncomfortable riding in my county anymore. Very congested and getting worse all the time. All the bad drivers from every state wind up here, 3/4's of them waiting to die. I scan 360 degrees all the time, always leaving an escape route at every stop, every intersection. Everbody is out to get me, until I get into the country. Then I'm scanning for animals and buzzards.
  Of my three Valkyrie riding buddies in my County, I'm the only one that hasn't been in an accident, two of which were in this last year. Hope my luck continues, hope your repairs go well

[therapist]

The beauty of this club is that we get to hear details about real world accident situations.  I am so glad you are OK, but as RJ says, there are some things you can do to avoid such mishaps.  Years ago, because of reading about several members being rear ended at lights, I began angling the bike and pointing it between lanes if behind another car...leaving plenty of room.  Then I watch the rear view mirror closely.  I also am hyper-vigilant and expect every vehicle around me to do something stupid.  I am a little superstitious so I won't tell you how many years I have been accident free...but whatever I have been doing, so far it's obviously working.

[hubcapsc]

Sorry to hear about the drunks trying to get you...

It doesn't pay to ride a motorcycle and be scared... so let's say, I'm more concerned about
being rear-ended than anything else. There's a couple of places between home and work where
I scheme to avoid exposing myself to the possibility... it is harder to do in arbitrary situations, just
keep in mind, they're out to get you...

-Mike

[scoot]

Guess what Brother, I do believe I suggested that you learn to find an avenue to get the 4377 out of the way in these situations when you had your 1st accident.

There is no doubt in my mind you saw her coming and could have avoided this accident.

:-\Wow, that's kind of harsh to say when you weren't there. This accident wasn't his fault, and most likely wasn't something he could have avoided. He is not the criminal here, he is the victim. He most likely will end up paying for his medical bills, paying to have the repairs done on the bike. He didn't say whether she was caught, but it doesn't matter she most likely didn't have insurance or a driver's license anyhow. being the fact that she took off this most likely wasn't her first dance neither.
 It is impossible to watch every angle around you at a intersection. it doesn't matter what you do you can not always avoid a drunken idiot behind the wheel.

[stormrider]

I agree with Scott, RJ. I'm a firefighter and always leave that escape route, always. I even leave a vehicle's length between me and the person in front of me when stopped at a light. But, as you should know, crap happens and sometimes fast. Take your eyes off the mirror for a second and boom.  and drunks can do some mighty stupid, unexpected stuff. JMHO.

[Black Pearl's Captain]

Bummer Tom, I hope they arrest her and throw the book at her. hit and run should get her some time in jail at least. I'd bet the DUI is not possible now if they didn't find her last night.

Raymond

[Jess from VA]

Sorry to hear this Tom.  You got her plate (and description and vehicle) before she fled right?

Absolutely go to the doc and get checked out.  Keep all bills.  Photo's and repair estimate for bike.

Once they catch her, lay claim for it all.  I would also attend her criminal case in District Court, and talk to the prosecutor.  They may not be able to get her on DUI, but leaving the scene of a property/personal injury accident carries penalties too. (Your seeing a doctor can enhance/support the charged offense of personal injury accident)  Sometimes the State will try to get the victim's expenses covered as part of the criminal sentence (victims' rights), but you have to get involved.    

I think if I thought she was about to flee, avoiding any physical altercation, I would have tried to pull her keys out of the ignition and held them until the cops showed up.   If she swung on me, I would not fight back (duck).... and add an assault to her charge sheet.

Best of luck.  Please report back on developments.  

I watch my mirrors too, but what I have taken to doing in suburban traffic is simply releasing the throttle as soon as I see a (yellow/red) light ahead.... taking a long time to coast into a stop, I force cars behind me to slow well in advance of the eventual stop.  I also feather my hand brake lever, flashing my brake lights repeatedly.

[Big Rig]

Guess what Brother, I do believe I suggested that you learn to find an avenue to get the 4377 out of the way in these situations when you had your 1st accident.

There is no doubt in my mind you saw her coming and could have avoided this accident.

:-\Wow, that's kind of harsh to say when you weren't there. This accident wasn't his fault, and most likely wasn't something he could have avoided. He is not the criminal here, he is the victim. He most likely will end up paying for his medical bills, paying to have the repairs done on the bike. He didn't say whether she was caught, but it doesn't matter she most likely didn't have insurance or a driver's license anyhow. being the fact that she took off this most likely wasn't her first dance neither.
 It is impossible to watch every angle around you at a intersection. it doesn't matter what you do you can not always avoid a drunken idiot behind the wheel.

+1 I agree, I watch my mirrors when stopped, and I keep an eye on the oncoming traffic and the traffic on the crossroads, when i am doing this, i am not watching my mirrors...so if I get slammed from the rear, it would be my fault??? I think not!!! 

Tough break Tom, get checked out, that is most important...then worry about the bike and dealing with the insurance company...

[sugerbear]

and if he HAD been able to get out of her way, there would have been a cop sitting around the corner to get him for running a red light, improper lane change, etc. she would have then gone on her way and maybe killed someone at another intersection.

BUT

i don't Know that because.........i wasn't there.........like all the rest of us.
we do what we can do, and the rest is out of our hands.
sorry about the accident, been hit myself.
not a drunk, but, an off duty cop.

[Disco]

Tom,

Sorry for your "event".  Go to your regular doctor TODAY.  If you have a chiropractor, see him too.  ASAP.  And, I hate to say this but, find yourself the meanest SOB POS personal injury lawyer and get signed up.  Maybe even do that first to get medical expenses covered by a letter of protection.  Why?  The drunk who hit you (if she has insurance) is not your friend and neither is her insurance company.  They have cadre of attorneys working for them, not you.  Your insurance company is not really your friend either.  They, like the drunk's insurance company, will try to pay out as little as possible.  And, they have a cadre of attorneys working for them, not you.  You need an attorney working for you.  I'm not an attorney and take no pleasure in advising this course of action, but that is the way the "game" is played.  

As stated previously, the accident was not Tom's fault.  Obviously.  However, as pointed out to me, I wasn't watching my "6" as in 6 o-clock.  I do now!  AND, if I can safely get around a vehicle stopped in front of me, I'll do it every time.  Shoulder, lane change, doesn't matter.  I was 2 seconds from being the meat in the sandwich.  I will avoid being stationary every time.  U-turn on red, left on red, or straight on red?  I've done 'em all, but never to avoid a collision.  Yet.  

Hey there brother sugerbear,

I'm not sure if the off-duty cop who hit me was drunk - he wasn't tested!  Professional courtesy???  The only good thing I can say about him is he admitted fault at the scene.  Having rear-ended and totaled a van and a 'wing made that academic anyway.  One of the witnesses stayed at the scene long enough to sign the accident report mainly because the "adverse driver" never once came to the front of his (wife's) car to check on my condition.  He was too busy pacing and explaining himself to his wife on his cell.  I learned later his minimum limits coverage don't even cover my medical bills, so I have to file an uninsured/under-insured claim on my policy.  To protect and serve...  I'm a law-abiding guy and have high respect for our men and women in blue, but I have a serious beef this this guy.

DFG

[Jack]

Hope you can locate the DUI and sue the socks off of them.  I was hit 2 1/2 years ago by a drunk and no, RJ, there isn't always an avenue of escape.  The drunk was released last week from prison having served 2 years(right in time for  riding season).  He had nothing to sue for since he was a career criminal but I kinda hope I "run into him" some day.

[ChromeDome]

Sorry to hear about your accident. Like many said, get to the doctor, call the insurance and stay in touch with the police. One thing I have begun doing is when I am stopped at a light and I see a vehicle closing behind me I pump the brake several times so the lights are flashing and with luck that will be noticed. So far that seems to help but I do keep the bike in gear and have an escape route just in case.

[TearlessTom]

Guess what Brother, I do believe I suggested that you learn to find an avenue to get the 4377 out of the way in these situations when you had your 1st accident.

There is no doubt in my mind you saw her coming and could have avoided this accident.

Typically I agree with what you say here and respect your opinion but in this case, Dude you are dead wrong.

I am a very vigilant rider and although I have not had the opportunity to take an advance riders class I do watch my 6 like a hawk, especially at intersections.  I always leave an escape route and have taught my wife to do the same and I have been asked repeatedly to start teaching with one of the local driver training classes so although I am by no means an expert I am no slouch either.
This particular intersection is seven lanes in one / my direction and six lanes in the opposing direction.  It is midnights in downtown Mobile and all the business (except the bars) are closed. I am in the far left of the far left double turn lane.

I am the only vehicle at the intersection. The light is red.  I check my rear and there is nothing there as far as far as the eye can see (1/2 mile per Mapquest) the closest street that she could have turned from is less than 250 feet.

 So I scan the oncoming six lanes and the opposing seven lanes for vehicles as there have been many accidents at the intersection of vehicles being broadsided and pushed out of the intersection and into stopped vehicles as inertia would prevail.

So admittedly since I had clear space behind me for ½ + mile per MapQuest I may have taken a slightly longer scan of the traffic lanes in front of me but still not more that 2-4 seconds max
.
Now I could be ugly and rude at this point and state something like being from Alabama and not IOWA our eyes work in tangent meaning that they both look the same direction at the same time. Not one in one direction and one in another like apparently that is how they work in IA., however in this situation that would have been beneficial.

But I will not go there.
I can only assume that she came from a parking lot from a closed business that would have been out of the viewing range of my mirrors.

Oh and FYI, like others have stated I also feather my brakes anytime I see an approaching vehicle. Being rear ended has always been one of my greatest fears too.

Tom

[TearlessTom]

Sorry to hear this Tom.  You got her plate (and description and vehicle) before she fled right?
Best of luck.  Please report back on developments.  

Yes the 1st thing I did when call the local PD was to give the dispatcher the tag and description as I felt she was going to run.

She kept digging in her purse and I wasn't sure if she was looking for her licenses or a gun.

She had a bit of an attitude as if it was my fault that she hit me...1st thing she said was something to the effect that she was concerned that when i took my helmet off and placed it on her hood to call the PD that it might scratch her hood. 
Never mind the fact that she had just flipped me over the back end of my bike. which is now laying in the street.
 Haven't heard back from them yet but it is still early.
Tom

[Robert]

Untill I can put one of these on my bike I will keep my prayers going to the man upstairs
But seriously some times there is just no way to avoid it. I was sitting at a stop sign in a friends car that I didn't want to take and a guy came around the corner going 2 mph and still couldn't negotiate the turn and went into the side of me. Not much damage but called the police and they got a dui. I couldn't even get out of the way partly in disbelief. You know you are one blessed sob not to have been seriously hurt or dead. You must have done something right I understand being pissed but really thank God you are ok. Personally I would press this and at least not only get your damages covered but also a little extra because sometimes the only thing that anyone understands is money. I also think that if this makes this person think then maybe its the best thing that could happen to them. The pain and suffering caused over someones out of control habit is despicable. They need to wake up sometimes its not a easy road to get to them.

[six2go #152]

"Now I could be ugly and rude at this point and state something like being from Alabama and not Indiana our eyes work in tangent meaning that they both look the same direction at the same time. Not one in one direction and one in another like apparently that is how they work in IN., however in this situation that would have been beneficial."                                                                         First of all, I'm sorry that you got hit.......AGAIN. What are the odds. Yes, you could be ugly and rude, but you would also be "stupid". I don't see how Indiana was dragged into this at all. I don't even see a reply from the Hoosier State except mine. If you can get your eyes pointing in the same direction, take a Geography lesson.

[Disco]

I'm guessing RJ's response didn't sit well and Tom mistook IA to mean Indiana. 

[fudgie]

Hey I'm from Indiana and my eyes go the same way! 

Kidding aside, glad your alright.

But, from what I read in your post, your are 'assuming' she is drunk. If she is caught and ticketed, you do not have a leg to stand on if you tell the judge she is drunk. You have no proof. That will get thrown out. Even in my line of work I cannot tell someone is drunk. She coulda been high on street pharmacuticals or prescip stuff. She may even had a medical problem. Being diabetic can leave your breath smelling like you have been drinking. You would have a harder time proving she was drunk then she will saying she wasn't. I dont think cases are won on assumptions, just facts. Not defending her in anyway, just saying to give you something to think about.

[TearlessTom]

"Now I could be ugly and rude at this point and state something like being from Alabama and not Indiana our eyes work in tangent meaning that they both look the same direction at the same time. Not one in one direction and one in another like apparently that is how they work in IN., however in this situation that would have been beneficial."                                                                         First of all, I'm sorry that you got hit.......AGAIN. What are the odds. Yes, you could be ugly and rude, but you would also be "stupid". I don't see how Indiana was dragged into this at all. I don't even see a reply from the Hoosier State except mine. If you can get your eyes pointing in the same direction, take a Geography lesson.

I'm guessing RJ's response didn't sit well and Tom mistook IA to mean Indiana. 

Ooopps!!!! You are absolutely right; I never could keep those straight.  My sincere apologies to all the Indiana folks out there. My comment was to poke fun at the Iowa folks out there. Well actually only one of them…

Hey I'm from Indiana and my eyes go the same way! 
Kidding aside, glad your alright.
But, from what I read in your post, your are 'assuming' she is drunk. If she is caught and ticketed, you do not have a leg to stand on if you tell the judge she is drunk. You have no proof. That will get thrown out. Even in my line of work I cannot tell someone is drunk. She coulda been high on street pharmacuticals or prescip stuff. She may even had a medical problem. Being diabetic can leave your breath smelling like you have been drinking. You would have a harder time proving she was drunk then she will saying she wasn't. I dont think cases are won on assumptions, just facts. Not defending her in anyway, just saying to give you something to think about.

You also are correct.  Having worked as a LEO for 20 years and now working in the medical field I understand and agree that I would have a very hard time getting a conviction from any judge.
My assumption was based on the fact that:
1.   I could smell the alcohol on her breath from outside the car.
2.   Her speech was slurred
3.   She seemed very confused
4.   Her actions seemed to take a lot of concentration for her to perform and were overly exaggerated. (IE: purse is on right side console. In order to open it she holds it with her right hand then the left had makes an around the world motion the size of the outer diameter of the steering wheel to reach into it
5.   The one time she did try to exit the car she was very unsteady on her feet and had to hold onto the door frame for stability, she then sat back down in the car.
6.   She obviously could not see very well because she asked me sometime later if she had damaged my bike. (It’s pretty obvious damage)
Tom

[PAVALKER]

Guess what Brother, I do believe I suggested that you learn to find an avenue to get the 4377 out of the way in these situations when you had your 1st accident.

There is no doubt in my mind you saw her coming and could have avoided this accident.

Yes, I do go for the getitng the OWI or DUI off the road.   I did my share of it for 32 years.

Now, sorry to hear your bike got damaged again........   I was only hit once in the rear and it was because i did not pick an avenue of escape and maintain it.  Yes, I was on a CHP Motor and needless to say, the driver was in cuffs when the Cruiser got there.

So, just as a suggestion, go take the advanced MSF class.    I believe that is the one which suggests and trys to teach ya to keep an eye on the rear end of your bike when stopped.

WTF kind of response is this?  It this a typical egotistical COP response or ??? 

Let me guess.... is RJ is the one pictured on the left ??

[TearlessTom]

I went to the Ortho Doc on Thursday and meet with an Attorney on Friday.

As expected the deterioration in my neck is worse since our last visit 5 years ago. 
Pain meds, muscle relaxers, and a month of rehab ordered. Then we will revisit if needed.

The attorney was able to pull up a few public records and at this point it looks like I will end up filling against my insurance for an uninsured or under insured motorist claim.

Apparently my insurance company already has a suit / judgement against her for a separate incident trying to get reimbursed on it so that puts me at least 2nd if not further down the line trying to collect from someone who has nothing and takes responsibility for nothing in her life.
AKA Scum of the Earth. Human Parasite!!!
Her home address appears to have been in the family for at least 60 years passed from generation to generation. The last time it was titled was 60 years ago so it is probable Grandma's house and her mailing address. Even so it is not a valuable peice of property and the whole family appears to live there so I would not be able to seize it even if I wanted to.

She has had at least 2 different baby-daddy suits in domestic court. She has never showed up in court for anything!

So the bottom line is she probable does not have insurance, at least one person is in line ahead of me trying to get money out of her so if there is anything to take they will get it .

So I get to deal with my insurance company and hope my rates don't go up or get cancelled. while she parties the night away.


Makes me want to go out and do something that I would end up in jail for.

Tom

[Ratdog]

I went to the Ortho Doc on Thursday and meet with an Attorney on Friday.

As expected the deterioration in my neck is worse since our last visit 5 years ago. 
Pain meds, muscle relaxers, and a month of rehab ordered. Then we will revisit if needed.

The attorney was able to pull up a few public records and at this point it looks like I will end up filling against my insurance for an uninsured or under insured motorist claim.

Apparently my insurance company already has a suit / judgement against her for a separate incident trying to get reimbursed on it so that puts me at least 2nd if not further down the line trying to collect from someone who has nothing and takes responsibility for nothing in her life.
AKA Scum of the Earth. Human Parasite!!!
Her home address appears to have been in the family for at least 60 years passed from generation to generation. The last time it was titled was 60 years ago so it is probable Grandma's house and her mailing address. Even so it is not a valuable peice of property and the whole family appears to live there so I would not be able to seize it even if I wanted to.

She has had at least 2 different baby-daddy suits in domestic court. She has never showed up in court for anything!

So the bottom line is she probable does not have insurance, at least one person is in line ahead of me trying to get money out of her so if there is anything to take they will get it .

So I get to deal with my insurance company and hope my rates don't go up or get cancelled. while she parties the night away.


Makes me want to go out and do something that I would end up in jail for.

Tom

I heard 'dat !!  I was lucky (three years ago).  When the drunk broad turned left infront of me (with NO insurance), I was fortunate enough to've been driving my pick-up when I T-boned her Subaru Outback.  I was also lucky enough to have full coverage on my (then) 17yr old truck.  My insurance company fixed the damage to mine and wasn't able to go after her... so, the out of pocket extras that I incurred... I was S.O.L. for.  Luckily for me... I was going slow to begin with and didn't get hurt, and wasn't on the bike.  At least the responding officer jailed her for DUI... but, I doubt she learned her lesson. 

LOL... having been a LEO myself in years gone by... it was interesting.  Normally, you call the Police in Seattle and IF they respond to the call, it'll take 'em up to an hour or more to do so... my terminology while describing her behavior must've clued 'em in that it'd be a good idea to make a hasty response, they were there within seconds of the paramedics I requested for her.  The paramedic came to me on his own to tell me she stunk of booze... and I was already gathering names/license plate numbers of people who'd stopped/left before the LEO arrived on scene.  After confirming the validity of my being "legally on the road", I was allowed to go about my way and she got fitted with them purdy chrome bracelets. 

It sucks that the broad will probably be able to continue offending while you're stuck with long-term disruption of your life.

[TearlessTom]

Just a quick update:  It has been 16 days since the accident.

 PROGRESSIVE Insurance company has dropped the ball big time!!!

I am hoping it is an isolated incident. I have called them about every other day. I have given them a detailed itemized list of replacement parts needed for repairs and my painters estimate for body work and labor.

There was nothing else for them to do but to approve it and write a check or dis approve it.

They  have for two + weeks not even made an attempt to locate this women or the owner to find out if they are insured are not.  On the few times I was able to get them to call me back the excuses were that they had temporarily LOST MY REPORT AND PAPERWORK and that was the reason for the delay.

After discussing it with an attorney last week and we did some research while sitting in his office to find out that the women has been involved in a accident last year and was already being sued by PROGRESSIVE /my insurance company which means she didn't have coverage last year. 

You would think that would pop up for them if they were doing any research at all.  So now after finally getting in touch with my adjusters boss the excuse was that they thought I didn't want them to pay the claim but to wait to see what the women did. 
 
I made it very clear to them that I wanted them to repair my bike and then go after her to re-coup their money.

Well if things don't start happening here pretty quick if they don't drop me I will be dropping them  when this is over.

Tom