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OMFG Must Win At Tag
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Discussion Starter #1
Just dropped my SV 650

60km/h dropped onto right side after hitting sandy patch on a straight coming over a hill. Bike put down on right side slid along and into right shoulder flopped over on to the left side (no damage to left side accept left mirror).

The patch of sand on the road is obviously from a building site the driveway to which is sandy and dusty (not paved or gravelled). Do these people not have an obligation to keep the road conditions infront of their site safe?

Its a blind rise over the hill, seems like they should be required to keep it safe.

Im not injured but my bike will need all new front plastics including mirrors.
 

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Glad to hear you're OK. Hope the bike's not too bad either.
All construction sites in the lowermainland are SUPPOSED have a "wheel wash" at the exit of the site to prevent sand and such from being tracked onto the road. A wheel wash is a small ditch filled with water the the trucks are supposed to drive through before they go back onto a paved road.
If I were you I'd complain loudly the municipality in question. If they get complaints, they often will do something about it, especially if there was an accident because of it.
 

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OMFG Must Win At Tag
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Discussion Starter #5
The area is in Sechelt just out side of town... its called red roofs road and is a great ride... WHEN ITS NOT COVERED IN SAND!!!!!


Apparently im not the first motorcyclist to bail there either... same spot says the nurse at the emerge (didn't quit have the guts to scrub out my own road rash)
 

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Get outta the fast lane!!
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Just wondering if u reported it to the cops? I'm guessing not. After the Duffy Lake loop accident I'd be very hesitant to call them if it was me in the bushes. Speeding fine & leaving the scene of an accident fine, what a joke. Are cops here to help us or just add salt to our wounds??? Fok.

I hope you and your bike make a swift recovery. Was the nurse cute?
 

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of all the millions of repeated threads that get posted on this sight, i can't say as i've seen too many people ask the question that you've brought before us. in so many words "are they liable?"

I'd be interested in hearing some researched answers regarding this situation. I also hope you take it upon yourself to explore the necessary powers-that-be, to seek out wether or not there's any recompence.

look at it this way for a moment.... let's say you're caught littering a roadway. should a pig catch you in the act you are liable for a hefty fine.
point is....what you experienced is litter in a considered form....and well, we don't really need to look to hard to figure out who put it there.
 

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Bitey things are niceless
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Okay, I know I don't have the whole story here, but if you have a "single vehicle accident" and slide off into the bushes, it's wrong of you to drag your ass (and your bike) out and hobble off? What? You should wait for an officer to come along and find you before you leave? Is this in another thread or where can I find more info about these fines?
 

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OMFG Must Win At Tag
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Discussion Starter #9
Just wondering if u reported it to the cops? I'm guessing not. After the Duffy Lake loop accident I'd be very hesitant to call them if it was me in the bushes. Speeding fine & leaving the scene of an accident fine, what a joke. Are cops here to help us or just add salt to our wounds??? Fok.

I hope you and your bike make a swift recovery. Was the nurse cute?
yeah she was a hotty

Hey could you fill me in on the duffy accident i can't find the details already tried the search
 
U

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Okay, I know I don't have the whole story here, but if you have a "single vehicle accident" and slide off into the bushes, it's wrong of you to drag your ass (and your bike) out and hobble off? What? You should wait for an officer to come along and find you before you leave? Is this in another thread or where can I find more info about these fines?
if you have an obvious fall due to debris on the road and you call the cops to report it it is not you fault and you should be able to make a claim.....if you fall due to speed or lack of ability youshould pick up your lucky butt and go home...in most cases the cops can tell from the skid marks and your bodylanguage/attitude if your at fault. Like a while ago a some stones fell off of a dump truck and cracked my windshield I took down the licence plate ,the company name, time and road when it happened...reported it and they covered my deductable...only cause when the truck driver was asked where and when was he at a certain time that day..from what i understand there is a law that makes people responsible for their load...wether its stones or the guy you see driving down the freeway holding the matress on his roof with one hand..if you drop stuff in front of people and cause harm or damage its your fault.
 

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There are some difficult issues here, with respect to "liability," or in other words, "negligence."

(By the way, glad to hear your tumble didn't result in any serious injury)

If you're riding behind a transport truck, and one of the 4x4's stuck beneath he trailer they use falls off in front of you, and you hit it, then yes, they can
be held liable.
However, if that same 4x4 is sitting on the road, having fallen off an hour ago, and you hit it, then they may not be held liable. But you may be held liable for striking something on the road that is "there to be seen."

What concerns most riders/motorists is not "liability."
It's money.
In other words, how does the collision impact me financially? If someone else is liable, they should pay for my losses. And, if I'm liable, how can I reduce the financial impact?

The policy (ICBC's policy, the others are similar) says:
"collision coverage" means coverage for loss or damage caused by upset of a vehicle or collision of a vehicle with another object, including, but not limited to,

(a) the surface of the ground, the roadway being travelled on or an object on, in, under, over or adjacent to the roadway, including a road sign, guard rail, pier, bridge or culvert or any body of water or waterway under or adjacent to the pier, bridge, culvert or roadway,

(b) a pedestrian as defined in Part 3 of the Motor Vehicle Act,

(c) a vehicle attached to the vehicle, and

(d) cargo, including animals, carried in or on a commercial motor vehicle the gross vehicle weight of which exceeds 5 000 kg or a commercial trailer,

and includes coverage for loss or damage caused by collision with another object where the collision results from the presence on or adjacent to the roadway of a domestic or wild animal, either living or dead, but there is no impact with the animal;
This, of course, comes from http://www.qp.gov.bc.ca/statreg/reg/I/InsurMV/InsurMV447_83/447_83-01.htm#section1.
So it's a collision claim, by definition.

To successfully move liability over, you'll have to elicit some response from the property owner, construction company, and their insurance company's, if they did not do something they should have, or did do something they should not have.
You may get some response with a registered letter, to both entities, asking them to identify their "counsel of record with respect to future litigation."
That will engage them in a conversation with you, or their insurers with you, as they'd rather deal with their insurance company (who'se adjuster will deal with you for free, rather than their legal counsel whom will bill for ever .1 of an hour).
You'll also have to prove you did nothing wrong either. And they will have an argument the sand has been there for days, weeks, months, and many, many motorists have travelled over it, and "why didn't you see it and act accordingly."

It's not an easy task in a situation like this, not the same as sitting at a red light and getting struck from behind.

Still and all, glad you're okay.
 

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OMFG Must Win At Tag
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Discussion Starter #12
nice

sounds like i have a good case...

its a blind hill (never could have seen it coming)

the sand was obbiously from the drive way as pictures I have show...

you can see big truck tires have kicked it out onto the road as the drive way is a big hill...

and I was maybe doing 60 in a 50 but probably not even that fast...

I was rolling onto the throttle in 2nd gear (the road is really twisty and I couldn't see what was next)
 

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Ride Solo
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Just dropped my SV 650

60km/h dropped onto right side after hitting sandy patch on a straight coming over a hill. Bike put down on right side slid along and into right shoulder flopped over on to the left side (no damage to left side accept left mirror).
I was rolling onto the throttle in 2nd gear (the road is really twisty and I couldn't see what was next)
How did you crash? It sounds like this is a twisty road but you crashed on a straight. Was it a result of applying too much throttle across the sand, or did you try to stop on the sand and wash out?
 

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Mmm...beer
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Glad to hear you're ok and that the bike isn't damaged too badly.
 

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OMFG Must Win At Tag
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Discussion Starter #15
i came over the hill and hit the sand

it was a long stripe down the road

when i hit it with my throttle on (enought to keep the speed constant)

my torque happy v-twin spun my rear wheel when I let off the throttle it was to late was already washing out.

might have been that I tried to stop by applying both breaks

(didn't know I had hit the sand until I looked back after I stood up)
 

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King of the money pits...
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just try to make a claim with icbc, what's the worst that can happen?... they reject it, w/e. If they accept it, then you have your bike fixed... and you said you have pictures, which makes your case better.
 

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i know a guy that works for teh city of vancouver, and he told me a month ago por so that his crew is responcible fro cleaning up any sand/dirt they track onto teh road from there equipment and dumptrucks. Most crews are equiped with a bobcat with a broom attatchment on them, thats why they have em, but smaller companys use brooms, which noone wants to do, so try to find the bylaw (call bylaw before icbc) and get a copy of said bylaw, Show that the contractor was in teh wrong, and you as a rider were put in danger by the contractor, Icbc will be on your side as soon as you show your not at fault,

Let me know how this goes and if it helps you at all.
Glad your ok.
 

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p.s., My g/f was rearended, and icbc said it was a low velocity imoapct and she was nt entitled to neck injury claims, her moms boss (lawyer) called icbc,, she got 800 for just a sore neck,, so dont forget to claim injurys if you have some,, they do show up after 2-3 days,, you will notice em.
 

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so dont forget to claim injurys if you have some,, they do show up after 2-3 days,, you will notice em.
Yea. Good luck with that.
Remember, it's not likely the automobile policy that will respond, as there's no "negligence," in tracking dirt. The negligence belongs to the contractor, building owner, it will be that policy that responds/pays, not your ICBC policy.
Think of it this way, if Safeway (building owner/builder/contractor) sells you bad meat, why would you go to Save on foods (icbc) for compensation.

The money comes from the liable party, not just any insurance company.
 

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Mmm...beer
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The money comes from the liable party, not just any insurance company.
Yes, but the money will come from ICBC, who will then go after the liable person/party for the monies paid out. Thats why we have insurance. Let ICBC do the leg work for you.
 
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