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my freind lives in texas and i get a message from him he wreked the bike but hes ok just sore.
he said it was 2 lane street he was in right lane and the car in front of him stoped all suden so he changed to the left lane , after he changed to the left lane and was in it the a truck that was in front of the car that stoped changed to the left lane giving my freind no time to stop he ended up hiting the trucks rear end.
he clams its his fault becuase he rear ended the truck , i say its the trucks fault though. opinions?
 

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At face value, the truck would be guilty of an unsafe lane change. That's assuming that no information has been omitted by your friend. You're at fault for hitting someone in the rear if they suddenly slow and you plow into them. It doesn't work that way if they suddenly cut off your path of travel. It makes them at fault. And this IS Texas law, so I know I'm correct about this. But, as I said above, this is using the information strictly at face value. If there are other factors that were left out, it could swing the other direction, ie. the bike was hauling ass and made an unsafe pass to the left, etc.
 

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I'm LEO in Virginia. I concur w/Texas Cop. If your friend was already in the travel lane and the truck suddenly changed lanes, your friend still possesses right of way. If he was exceeding the speed limit, then he 'forfeits' his right of way. I'm just glad he was not injured terribly. All accidents suck. :(
 

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Anything that comes in contact with the front of your vehicle is technically your fault. Even if someone cuts you off.
 

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the information was a bit mis-understood, Two Lane road, car and bike traveling in left lane. Right lane was free and the truck was waiting to enter traffic on the off street. the car stopped rapidly and bike swerved to the open right lane to avoid colision. the truck pulled into what was an open lane and the bike ran into the back of the truck in the right lane. both the bike and the truck pulled into the right lane at about the same time. not much damage to the bike. the rider was able to slow from 45-50 to about 10-15 before impact. the posted limit was 45. yes, all accidents do suck.
 

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Hm, "new" info makes it a little more complicated. I'd say it may be the bike's fault in this case. Following too close caused an usafe lane change. The truck couldn't see/couldn't anticipate the bike changing lanes and seemed to end up in front of the bike. Next time try to go between the cars. Glad everyone is OK.
 

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I'd have to say that if the truck was pulling out from a side street then he would be at fault for not yielding the right of way.
 

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ZeuSeason said:
Anything that comes in contact with the front of your vehicle is technically your fault. Even if someone cuts you off.
I believe that is not actually accurate.

If you possess the right of way/travel. Then it would be the other vehicles fault for making an un safe lane change/not having right of way, etc.
 

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lun said:
the information was a bit mis-understood, Two Lane road, car and bike traveling in left lane. Right lane was free and the truck was waiting to enter traffic on the off street. the car stopped rapidly and bike swerved to the open right lane to avoid colision. the truck pulled into what was an open lane and the bike ran into the back of the truck in the right lane. both the bike and the truck pulled into the right lane at about the same time. not much damage to the bike. the rider was able to slow from 45-50 to about 10-15 before impact. the posted limit was 45. yes, all accidents do suck.
Bike's fault.
 

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Unless the car in front of him stopped for no reason (which that is not the case) I would have to assign blame to your friend the biker.
 

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For the trucker's insurance, it was the trucker's fault. For the rider's insurance, it was the rider's fault. Therefore, both companies will try to forfeit any claims possible. Welcome to crazyworld.
 

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Enygma said:
I believe that is not actually accurate.

If you possess the right of way/travel. Then it would be the other vehicles fault for making an un safe lane change/not having right of way, etc.
If the bike rear ended the truck then it would be the bikes fault. If someone cuts you off in traffic and hits the front of your vehicle it's your fault (arguable). If someone pulls out in front of you in your lane it's your fault (arguable). Technically you are responsible for avoiding an accident that involves anything in front of you. Kinda a f-ed situation but a driver's responsibility is to 'cautiously approach any intersection or situation' to avoid an accident. Think about it this way....if someone slams on their brakes in front of you and you make contact with their vehicle....it's your fault for not leaving enough space to make a safe stop. Right of way doesn't give you the right to make contact with another vehicle. If it did, I wouldn't have much of a car left.
 

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where did this happen? its a long shot but i ran across a wreck that looked like it happened like that yesterday. dude was on a red R6 looked like, with a truck parked in front of it. north dallas area.
 

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RayOSV said:
I'd say it may be the bike's fault in this case. Following too close caused an usafe lane change. The truck couldn't see/couldn't anticipate the bike changing lanes and seemed to end up in front of the bike. Next time try to go between the cars. Glad everyone is OK.
These are my thought as well. If the bike had to change lanes to avoid the accident, doesn't that automatically mean the bike was following too close?
 

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I would find the pickup at fault given the new information. We've all been in that situation a million times before. You're waiting to pull out onto a road. You see a car in the left lane coming at you. Should you just wait or should you go ahead and pull out into the right lane?

The answer is simple. You should wait. If that car suddenly changes lanes into the right lane and nails you, you're buying him a new car.

Same principle applies in this case. It doesn't matter where the bike was when the truck started to pull out. The concern is that the truck failed to yield to traffic on the cross street.
 

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Discussion Starter #16
brentsR6 said:
where did this happen? its a long shot but i ran across a wreck that looked like it happened like that yesterday. dude was on a red R6 looked like, with a truck parked in front of it. north dallas area.
happend around irving area i think but his bike is yellow and black gsxr
 

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Discussion Starter #17
TexasCop said:
I would find the pickup at fault given the new information. We've all been in that situation a million times before. You're waiting to pull out onto a road. You see a car in the left lane coming at you. Should you just wait or should you go ahead and pull out into the right lane?

The answer is simple. You should wait. If that car suddenly changes lanes into the right lane and nails you, you're buying him a new car.

Same principle applies in this case. It doesn't matter where the bike was when the truck started to pull out. The concern is that the truck failed to yield to traffic on the cross street.
thats excatly what i was trying to tell him too
 

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You can what if all day long about this stuff, I know I'm a cop and that's what we do. The car behind the truck might be the vehicle at fault. If the driver of the car was not paying attention and had to stop short in order not to hit the truck and the truck saw this then he might have moved out of the way. when the driver in the truck looked in his mirror (if he did) he might have not seen you but unless he cut you off then you should have had time to stop, unless you are speeding. This is what insurance companies are for!
 

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ZeuSeason said:
Anything that comes in contact with the front of your vehicle is technically your fault. Even if someone cuts you off.
WRONG! I hate when ppl say shit like that.
 

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lun said:
the information was a bit mis-understood, Two Lane road, car and bike traveling in left lane. Right lane was free and the truck was waiting to enter traffic on the off street. the car stopped rapidly and bike swerved to the open right lane to avoid colision. the truck pulled into what was an open lane and the bike ran into the back of the truck in the right lane. both the bike and the truck pulled into the right lane at about the same time. not much damage to the bike. the rider was able to slow from 45-50 to about 10-15 before impact. the posted limit was 45. yes, all accidents do suck.
This is a clasic case of NO FAULT ACCIDENT. Let the insurance companies deal with it.
 
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