Guest EdDieck Posted June 10, 2013 Share Posted June 10, 2013 So my turn came Thursday on my way home from work. Riding home in the rain I was exiting a left hand corner and started drifting from the middle of the road to the right. Knowing I still had plenty of road to navigate the turn and not wanting to over correct in the wet and lose traction I continued on the same course. The problem came when my back tire came into contact with a fresh, as in 2 day old, strip of tar that was used to seal a road repair. The rear end slid out and I basically high sided. Most of the impact most have been taken by my hip as I ended up w a fractured upper femur that required 3 pins in surgery. I'll be out of work for probably 2 months. So my question is do I have any recourse w the state? The strip of tar was about 8 inches wide and is definitely the reason I lost traction. I was wearing my commuter suit w soft hip armor, hard knee and elbow armor, and back pad. Full face helmet and of course gloves. Only other injury is a cut on my right elbow. Any thoughts or experience is appreciated. Thanks Link to comment Share on other sites More sharing options...
Member Contributer Switchblade Posted June 10, 2013 Member Contributer Share Posted June 10, 2013 Any video of what happen or else its gonna to be a long fight ...... Link to comment Share on other sites More sharing options...
Lee 2002 Posted June 10, 2013 Share Posted June 10, 2013 Anyone can sue for anything. But I don't think you would ever see a penny. I'm not an attorney http://www.fmcsa.dot.gov/about/outreach/education/driverTips/Too-Fast-for-Conditions-all.htm Link to comment Share on other sites More sharing options...
Member Contributer Switchblade Posted June 10, 2013 Member Contributer Share Posted June 10, 2013 P.S. and WELCOME ..... Link to comment Share on other sites More sharing options...
Guest Posted June 10, 2013 Share Posted June 10, 2013 Thanks for the welcome. I've actually been hanging out here since before my beautiful wife got my 05 for our 10th anniversary. I didn't figure I had a leg to stand on, I kill me, just trying to financially make through this. Thanks again Link to comment Share on other sites More sharing options...
Beck Posted June 10, 2013 Share Posted June 10, 2013 That's the rain causing the oils from the new tar and and drippings from vehicles on the road to rise up and form a slick film on the road surface. The first couple of hours of rain is usually when the roads a slickest because of this. eventually, if the the rain continues, it washes off this slippery film into the storm drains and traction improves as long that there's not too much standing water on the roads to cause hydroplaning, which is another story..... I usually try to avoid driving at first couple of hours of episodes of first rains on my bike and car if I can because of this...... Link to comment Share on other sites More sharing options...
Earthshake Posted June 10, 2013 Share Posted June 10, 2013 Sorry about your misfortune and I hope you have a speedy recovery. I'm no attorney, but I seriously doubt you will have any recourse with the state. My guess is you could have just as easily been cited for too fast for conditions. Link to comment Share on other sites More sharing options...
VFR4Lee Posted June 11, 2013 Share Posted June 11, 2013 I didn't figure I had a leg to stand on, I kill me Keep the sense of humor going. I'm no lawyer either, but you're probably right. Physically and legally, not a leg to stand on. Hope it heals well. Link to comment Share on other sites More sharing options...
Member Contributer 2thdr Posted June 11, 2013 Member Contributer Share Posted June 11, 2013 Best just to file a claim with your MC insurance. I had a good outcome on my settlement... Link to comment Share on other sites More sharing options...
Member Contributer SinNH Posted June 13, 2013 Member Contributer Share Posted June 13, 2013 Fn tar snakes. Brutal on a bicycle too. Sorry to hear about breaking your femur, largest bone we got. It's sort of a long road back. I femured my right on a 78 Duc in the mid eighties, needed a basically a lag bolt into the ball and a attached plate to the femur with eight screws. A major surgery to get that out about two years later. Pins come out much easier, I was told. I ride quite a bit slower in the rain. Keep your chin up ! Link to comment Share on other sites More sharing options...
Member Contributer 00Yeller Posted June 13, 2013 Member Contributer Share Posted June 13, 2013 Sorry to hear about your accident and hears to a speedy recovery and a better outcome w/ the insurance company than w/ the state... Good luck!!! Link to comment Share on other sites More sharing options...
Member Contributer Dutchy Posted June 14, 2013 Member Contributer Share Posted June 14, 2013 Welcome to VFRD from across the pond Hope you recover well and enjoy riding in the future. Nothing ventured nothing gained, you could write a letter (do not get a lawyer, they cost money and I do not think -but I'm Dutch so know nothing of US law- you will win in court) to the council and ask if they are willing to "contribute" to the recovery fund for your bike and yourself. Costs you a postage stamp.. They *could* (not know they should) have put up a warning sign like this Maybe they symphatise and hand over some $ (without admitting liability), but the law will probably state you should ride at a speed that allows you to observe road hazards and take preventive action. Road owners here have a duty of care (harvest season with lots of muddy trucks as above) or when the road is resurfaced and lengthwise groves are cut into the road which make mc unstable.. But ultimately YOU have to use the combination eyes/right hand to spot hazards. So, I would not threathen legal action but send a letter (with a picture of the situation) Good luck, you are alive that is all that matters. Link to comment Share on other sites More sharing options...
timmythecop Posted June 14, 2013 Share Posted June 14, 2013 I domt know, but I do know a guy who crashed his bike on wet paint on the lane divider stripes. He sued the county and won. First you have to see who maintains the road. Then go from there. And welcome to the "wonky hip club". You will always know when it's about to rain. Shattered my pelvis in 1988. Fun. Link to comment Share on other sites More sharing options...
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