• Can't post after logging to the forum for the first time... Try Again - If you can't post in the forum, sign out of both the membership site and the forum and log in again. Make sure your COG membership is active and your browser allow cookies. If you still can't post, contact the COG IT guy at IT@Concours.org.
  • IF YOU GET 404 ERROR: This may be due to using a link in a post from prior to the web migration. Content was brought over from the old forum as is, but the links may be in error. If the link contains "cog-online.org" it is an old link and will not work.

An unusual close call

Tinsailor

Tinsailor

Member
Member
  Something a little different happened to me this morning on my usual commute to work. First let me say that I try very hard to be a good motorcyclist, practice hard braking, evasive maneuvers, general bike handling skills, do a good bit of reading on safety type stuff and try really hard at just keeping my focus and situational awareness to everything around me that I'm capable of and just try to be prepared like a good scout and ride like I have some sense, but I wasn't prepared for this. While traveling my usual route about a mile from work the road is three lanes going north and most of the times runs about 50 MPH or so and is straight as a pin in this area with no sidewalk. As myself and a couple of other four wheelers are going about our commute, I can see a pedestrian standing on the right curb, A young black man probably in his late twentys who I thought was waiting for the traffic to clear so he could cross the road but instead proceeds to cross without even looking up at us when we are right on him. Two cars to my right lock down, tires are screechin and smoke is flyin and the guy just strolls across in front of the cars and out in front of me going about 50 "I'm in the inside lane". I start braking hard on the front and sliding the rear 'yea I know,a little heavy on the rear brake" and luckily have enough time to realize there's no way I can stop before I hit this dude and just let go of the brakes and went around him about 12" from his nose and I don't believe he never knew I was there. I don't know if this guy was on crack, drunk, asleep of just plain ole didn't care but it was a scenario I was never prepared for and a disaster that nearly happened for everyone concerned. When riding, I'm usually only thinking of other vehicles, animals and road surfaces that pose a danger to my safety and I never considered a pedestrian. It gives the saying "EXPECT THE UNEXPECTED" a whole new meaning. Y'all be safe...........TC
 
About a month ago, I too almost had a run in with a pedestrian. It was 10 at night on a dark portion of a boulevard. No cross streets or crosswalks, I'm going about 40 and I'm 7-8 car lengths behind a van in front of me. All of a sudden, he hits the breaks hard, and I jump on mine. As I'm rapidly closing the gap between us and he comes to a stop, I make a quick decision to continue my heavy breaking and come to a stop behind him rather than swerve around him in the other lane. As I stop, I see a pedestrian wearing very dark clothes emerge from in front of the van. Had I changed lanes, I likely would have smashed into him. Jaywalkers wander all over LA, and they just assume that the cars can stop, sometimes without even considering the danger they pose to others.
 
I'm not saying that the guy wasn't an idiot, but in California don't pedestrians have absolute right-of-way?  Meaning that, no matter what the situation, the driver is at fault in the event of a collision?
 
I don't know if California gives pedestrians an absolute right of way, but I'm pretty sure I've heard of stories where drivers weren't charged in fatal accidents because the pedestrian did something very unusual.

But just because you don't get charged, doesn't mean you won't lose your shirt in a civil case.
 
I think there's a group of young people who dare you to hit them, maybe something of a sport or a coming of age dare or something like that.  I've seen something similar in over populated New England too many times to believe that it's just a bunch of unconsious idiots.  AND THEY SAUNTER across the road. :banghead: :banghead:

And I can imagine me pulling the same kind of stunt when I was young...  if I'd thought of it.  :stupid:

Did I mention the stupidity of crosswalks in the middle of the block in tourist towns?  :violent-smiley-007:

And I try to watch for all of it, too, like the OP and hope for the best.  :(
 
Notwithstanding pedestrian right of way laws,  I agree that they sometimes cross without considering the danger they pose to others.  In my classes I highlight the point that pedestrians, along with animals and driver opening car doors into traffic, are the most unpredictable hazards motorcyclists face between intersections. 

 
Not a lawer or anything but I don't believe Peds have a right of way outside of crosswalks and signals here in Tennessee. Even if I've got the right of way as a pedestrian, I'm not going to step right out in front of moving traffic that in no way could stop. Just dont see any reason to put one self in harms way for no reason. Folks walk around in all kinds of mental and emotional states let alone substance abuse of different kinds so who knows what was up with this feller.
 
I teenage bicycle rider rode down the middle of the road opposing traffic and made my wife actually stop and wait for him to decide to have her move so he could pass. Theres limits to right of way, but had she hit him, she would have been the bad guy.
 
I've been riding street bikes sense old enough to get a drivers license with motorcycle endorsement, and was even an instructor when I was in the Navy for the motorcycle safety foundation, and if there is one piece of advice that I can give any bike rider is what I call (naa) Never Assume Anything.
You need to be of the mind set, that everybody, and everything is conspiring against you when you're on a motorcycle.
You have to watch everything that moves, and everything that shouldn't move.
Case in point when I was stationed in Pensacola, I was leaving the base and driving up Navy Blvd and a street light just fell off a pole 50' in front of me, needless to say I had to change my underwear after having to make sudden evasive maneuvers, but my buddy in the car behind me wasn't so lucky.
You have to expect the unexpected and constantly be calculating what if's as far as you can see, while keeping an eye on whats going on around you. 
 
 
I think there's a group of young people who dare you to hit them
Click to expand...

A fast way to income; find someone to ya then call a lawyer to help rake in the big bucks, who needs to find a job?!?
 
Whilst riding home one morning (I work 4pm-4:30am Sun, Mon Tuesday and alternating Wednesdays) I was leaving the industrial park (The coffee plant is in an big industrial park with several transportation OTR places and FedEx and UPS,etc). Its a straight shot but very little passing, especially at 4:30am.  So this driver is ahead of me and after 2 or 3 miles I was busy testing the aerodynamic resistance from behind his truck at alternating speeds (Seriously, it was a good use of time in a situation that wasn't going to correct itself anytime in the near future) and i was about 100 or so feet behind his trailer. I notice this 'thing' flying thru the air and BLAM!!! a cigarette butt splats on my windshield and the embers splay up on my jacket and helmet.
To suggest my Buddhist lay vows of not taking anothers life was in jeopardy was understating the situation. I eventually got up along side of him at a turn onto a highway. When I complained to him, he simply offered me the chance to count how many seconds he was going to give my complaint consideration (A hint---- 1).  I took down the info from the cab and made a polite call to the dispatcher with his trailer #.  I explained everything, in simple calm, well thought out sentences and got his attention.
HIS supervisor rang me the next day. He explained the following 1. Drivers should not be smoking in their cabs. He had gone to meet the driver at a stop 'unexpectredly---aka before he cleaned the truck out'. 2. Such an action is unsafe towards other drivers and unacceptable.3. I was a rare angry driver who actually took the time to call and ask for some corrective action. 

The driver is spending 3 weeks in Driving Standards Training courses.

:coffee2:
 
ChipDoc said:
I'm not saying that the guy wasn't an idiot, but in California don't pedestrians have absolute right-of-way?  Meaning that, no matter what the situation, the driver is at fault in the event of a collision?
Click to expand...

I can't speak for CA, but in my state that's not the case. Even in very specific circumstances where a pedestrian has the right-of-way (like a crosswalk), he/she still has to act reasonably. If a pedestrian steps out in front of a vehicle in motion and doesn't allow for adequate stopping distance, the pedestrian is the one who would be ruled at fault. However, if the driver/rider is not operating legally (for example, significantly exceeding the posted speed limit), the vehicle operator can be assessed some or all of the responsibility if there's a collision.

There's no doubt that there are pedestrians out there that, for whatever reason, will 'test' their pedestrial (is that a word?) rights. My wife started a new job in the heart of the city where there are far more pedestrians than she was used to. She's had many instances (as have I, when I've driven her to work) where a pedestrian will just stare at you as you approach and then step off the curb. It's like they're daring you to hit them. I can't think of any other explanation for it. Maybe I'd feel the same if I walked more places and got ticked off at close calls with moving vehicles. But dang, that's a tough way to make your point.

Bicycles are another thing. I was riding my C10 home from work late one night on a one-way street when I saw something in my lane ahead of me. I got closer and realized it was a guy on a bike. Then I saw he was riding towards me. I slowed down, flashed my hi-beam and finally hit my horn (SO unsatisfying, BTW, to hear that 'meeeeeep'; oh what I'd give to have one of those train-horn Strebels). All he did was wave at me as I threaded between him and the car beside me. Idiots; the world's full of them.
 
had a bunch of young teenagers crossing the street in town recently as I was cruising. most of the group stopped crossing when they heard me approaching, except for this one kid who kept sauntering across the street as if he dared me to hit him. of course I had to swerve around him. I hope this kid doesn't end up disappointing his parents in the future.
 
mellow yellow said:
had a bunch of young teenagers crossing the street in town recently as I was cruising. most of the group stopped crossing when they heard me approaching, except for this one kid who kept sauntering across the street as if he dared me to hit him. of course I had to swerve around him. I hope this kid doesn't end up disappointing his parents in the future.
Click to expand...

How so? By the act of living, perhaps?  ::)
 
I think kids get like this these days because most parents don't have high expectations anymore. It's this new age 'let them be who they are, and always encourage them no matter what', and the government children attitude. Wouldn't want to hurt little Johnny's self esteem by telling him what an idiot he is for playing in traffic. So, no disappointments with no expectations.
 
There is one section of road a little north of me that always has ped fatalities from people crossing at night in dark clothes, not at intersections. It seems to be a certain socio-economic demographic that does this for whatever reason. Just wander out into the road and expect everyone to stop and give you attitude if you give them any kind of wtf. Even in parking lots, while I know the peds have right of way there, you still need to LOOK first!
 
Last week coming home at 930 at Night on a countyry rd. I always watch for critters what i wasnt expecting to see in intersection was a 8 and 5 yo standing in middle of rd with a dog. Acting like they were directing traffic  :-\ WTF?. I have driving lights on my Bike thank god because i was coming over a hill crest. i stopped in Time and We had a chat they ran home. So next morning i caught thier Mom going to work and had a chat with her. Her responce oh they were just on the lawn playing i said be a good idea to know where the hell your kids are.I told her kids fly down that rd at 60 mph. Lost cause sigh ok im done
 
About liability in California:

I was walking across a well lit street in Downtown Berkeley in the early evening.  I was in the crosswalk.  A car was approaching and was slowing down; therefore I proceeded across the street.  As I approach the center of the lane he hit the gas and took me out.  I went up into the windshield, he slammed on his brakes, I rolled off the hood and down into the street.  Not too badly beat up really; dislocated shoulder, light fracture.

Well, I did get a settlement out of it as I was in a crosswalk and behaving properly.  My attorney told me that if I had not been in a crosswalk I would have been SOL.  No recourse, end of story.

Maybe he thought that he would get a settlement but it is likely the guy was a druggie.  They stay up for 72 hours at a time and then do more drugs; end up as walking zombies until they crash; "tweekers" they are called.  I see this (hate to say it) often in the Bay Area.  Unfortunately I live in a cesspool urban area and have seen it all.  Can't wait to get out of here but kinda stuck in my job at the moment.

Bruce
 
Tinsailor,

Ya did what you had to do.  One would expect a human to behave differently than that. But perhaps he was on crack or drunk or mentally incapable of knowing where he was. Glad there was no impact.  I guess you'll just have to add this to your experience and never assume a pedestrian will behave "normally" again.
 
You must log in or register to reply here.
Top