Wilsons Sandbox

Posted: **Wed May 26, 2004 1:34 pm**

Hi everyone, I know this isn't KLR related, but I know this list is full of knowledgeable and helpful riders. On May 8th, my best friend was killed in a freak motorcycle accident while we were on a riding trip in northern Arkansas. Here's a quick summary of what happened: The accident occured on a rural, divided highway around noon. The accident occured at a junction with another rural highway at a three- way intersection. A 17-year old girl traveling the same direction as my friend approached the intersection, attempted a left turn, missed her turn/ran wide, went into the ditch and struck a utility pole and the guy wire securing the pole to the ground. The pole snapped about 10 feet from the top and the top fell to the ground. As a result, 3 guy wires attached to the top of the pole wound up stretched across the highway. The wires/cables were laying on the ground in the left lane of traffic and then sloped up to the utility pole on the other side of the highway. Unfortunately for my friend, the wires were between 3 and 6 feet off the ground in the right lane of travel. My friend, followed by two other riders came around a bend in the road going 60-65mph and didn't see the wires in time (gray wires/gray road). The last rider in the group saw the motorcycle and Rick jerked into the air, doing backwards summersaults as their momentum carried them forward. Both the bike and Rick landed on the road on their heads. Rick came to rest 86' from the downed wires. The bike wound up 140' from the wires. Rick was wearing a helmet and full protective gear. Despite the best efforts of everyone on the scene, Rick never showed any vital signs. I think he died instantly as the wires appear to have hit him in the top of the chest and neck area, probably breaking his neck (still waiting on coroner report). The second rider was able to swerve and passed under the wires. The third rider, layed back across his motorcyle and bailed off as his bike headed for the ditch. He only suffered minor bruising. We have now received copies of the police reports for both accidents (the motorcycle accident and the car hitting the pole that preceded it). The report of the motorcycle accident references the other accident, saying that it happened just prior to the bike wreck. My question is does anyone know what liability the driver of the car who hit the pole has in this case? Would it make sense to pursue her insurance company for damages. In my mind, her driving caused the wires to fall onto the road and therefore caused the fatal accident (and the other bike wreck). She was issued a ticket for wreckless driving due to her accident. The girl's insurance company and policy are noted in the report. Are any of you familiar with the laws in a case like this? If so, I'd appreciate any input. Thanks in advance. Ride safe brothers and sisters Seroj Kansas City

Posted: **Wed May 26, 2004 2:09 pm**

On Wed, 26 May 2004, Seroj wrote:

> My question is does anyone know what liability the driver of the car > who hit the pole has in this case? Would it make sense to pursue her

So what's the point? Will it bring your friend back to life? Will it change the behavior of anybody? Seems to me as if it is just another one of those tragic accidents that can happen at any time, to anybody. The girl running off the road and hitting the pole certainly should be punished, but it appears that the law is already doing that (in most states, reckless driving is an automatic license suspension, as well as a required court appearance with resulting huge fine and possible jail time if the behavior is found to be especially egregious). Should she be punished more? And why? This is totally different from the usual case where a motorist hits a motorcyclist and then claims "I didn't see him." Teaching motorists to keep their eyes open and on the road instead of gibbering on their cell phones is a valuable lesson, and punctuated by lawsuits tends to get their attention. A lawsuit is possibly a good idea there for sheer educational effect to let these clueless maroons know that "didn't see him" as an excuse to avoid responsibility for their own irresponsible behavior is not acceptable. However, I think the girl in this case is already quite aware that she did wrong, and is going to be paying the price for some years. Suing her would be an exercise in greed, not justice. -E

Posted: **Wed May 26, 2004 8:41 pm**

Take it as far as you can !!!!!!!! Stupidity is never a fair trade for a life. Don M Atlanta, GA A16

> Would it make sense to pursue her > insurance company for damages

[Non-text portions of this message have been removed]

Posted: **Wed May 26, 2004 8:58 pm**

In a message dated 2004-05-26 11:37:57 AM Pacific Daylight Time, seroj1@... writes:

> > Hi everyone, I know this isn't KLR related, but I know this list is > full of knowledgeable and helpful riders. > > On May 8th, my best friend was killed in a freak motorcycle accident > while we were on a riding trip in northern Arkansas. Here's a quick > summary of what happened: > > The accident occured on a rural, divided highway around noon. The > accident occured at a junction with another rural highway at a three- > way intersection. > > A 17-year old girl traveling the same direction as my friend > approached the intersection, attempted a left turn, missed her > turn/ran wide, went into the ditch and struck a utility pole and the > guy wire securing the pole to the ground. The pole snapped about 10 > feet from the top and the top fell to the ground. As a result, 3 guy > wires attached to the top of the pole wound up stretched across the > highway. The wires/cables were laying on the ground in the left lane > of traffic and then sloped up to the utility pole on the other side > of the highway. Unfortunately for my friend, the wires were between 3 > and 6 feet off the ground in the right lane of travel. > > My friend, followed by two other riders came around a bend in the > road going 60-65mph and didn't see the wires in time (gray wires/gray > road). The last rider in the group saw the motorcycle and Rick jerked > into the air, doing backwards summersaults as their momentum carried > them forward. Both the bike and Rick landed on the road on their > heads. Rick came to rest 86' from the downed wires. The bike wound up > 140' from the wires. Rick was wearing a helmet and full protective > gear. Despite the best efforts of everyone on the scene, Rick never > showed any vital signs. I think he died instantly as the wires appear > to have hit him in the top of the chest and neck area, probably > breaking his neck (still waiting on coroner report). > > The second rider was able to swerve and passed under the wires. The > third rider, layed back across his motorcyle and bailed off as his > bike headed for the ditch. He only suffered minor bruising. > > We have now received copies of the police reports for both accidents > (the motorcycle accident and the car hitting the pole that preceded > it). The report of the motorcycle accident references the other > accident, saying that it happened just prior to the bike wreck. > > My question is does anyone know what liability the driver of the car > who hit the pole has in this case? Would it make sense to pursue her > insurance company for damages. In my mind, her driving caused the > wires to fall onto the road and therefore caused the fatal accident > (and the other bike wreck). She was issued a ticket for wreckless > driving due to her accident. The girl's insurance company and policy > are noted in the report. > > Are any of you familiar with the laws in a case like this? If so, I'd > appreciate any input. Thanks in advance. > > Ride safe brothers and sisters > > Seroj > Kansas City > >

Serjo, My thoughts and sympathies are with you, the other riders on the fateful day and your friend's family. Such laws vary from state to state so my experiences in Nevada may not be applicable to Arkansas law ... so my recommendation is that you take the accident reports, your friends insurance polices - auto, life, home - and pay a visit to a couple of lawyers licensed to practice in Arkansas. These days any reputable lawyer will give you a free consultation to determine the merits of your case. If the case is more or less a sure thing the lawyer will offer to take it on consignment - he will take his 25%-40% fee from whatever money he can recover. However, if he starts talking about hourly fees and other up front costs then you know its a weak case, at least weak enough the lawyer isn't willing to risk his time and money. Now, in most states, as long as the young lady is determined to be at fault, then she is liable for any and all damages that result from direct and collateral damage. The fact that she was a young person means that it is actually her parents that will bear the financial burden. In some states, the utility company could be also found partially liable if the utility pole was not installed using technologies that could have prevented such damage, in which case the utility could become the deep pockets that cover what ever the girl's insurance doesn't. From what I know, in most states there is a legally accepted formula for calculating the worth of a life and that value will far exceed the limits of her insurance so a good lawyer will aggressively go looking for any deep pockets to make up the difference. At the same time, if it could be argued that your friend was riding recklessly all bets could be off, the ruling could be that if he had been riding at safe and sane speeds he could have avoided the accident then you can start getting into this she is 35% responsible and he was 65% at fault. Pat G'ville, Nv [Non-text portions of this message have been removed]

Posted: **Wed May 26, 2004 9:02 pm**

I measured a spare OEM countershaft sprocket that I have on hand both sides are symmetrical it will work in either direction, but I deduced that the dished side is to make room for the lock washer. That's my story and I'm sticking to it. Roy Cope --- In DSN_klr650@yahoogroups.com, "mwl_95623" wrote:

> This thread did not generate much feedback or interest, but I'll > post my results anyway. > > As I said in previous posts there are mixed opinions as to which

way

> the "OEM" sprocket is to be installed. Some say flat side out and > some say flat side in. Apparently the Clymer manual (which I don't > have) says flat side in. I got one reponse from a lister that just > replaced the original equipment and he said flat side in. I went

to

> my local Kawasaki dealer today and the mechanic said flat side

out.

> Two other assistant mechanics (whose opinion I value more by-the-

way)

> said flat side out also. What is a guy supposed to do? Luckily I > have a neighbor who just bought a 2004 that I'd been seeeing drive > past my house. I figured it was a good opportunity to track him > down, introduce myself, and invite him on this weekends ride.

That,

> and take a look at his factory installed OEM sprocket. Guess

what?

> Flat side in!!! > > It really boggles my mind that this is such a mystery. I suppose > most people replace the OEM sprocket with an aftermarket and never > look back. Understandable. But geezee, you'd think the Kawasaki > mechanics would know. Too bad there wasn't a KLR to look at the > dealership. But according to my neighbor with the 2004 they sold > TWELVE in one month! Kawasaki would be crazy to discontinue making > the KLR before they absolutely have too with these kind of sales > figures! > > Matt > > P.S. This information might be worthy of inclusion to the FAQ. But > than again maybe not. > > P.S.P.S. When I took off my 16 tooth aftermarket sprocket I had > installed it with the numbers facing in. Apparently this is a no > no. But I ran it this way for 18K miles without any problems. And > I'm still running the original chain with 25K. > > > --- In DSN_klr650@yahoogroups.com, "mwl_95623" > wrote: > snip > >I need to know about the "stock" sprocket. > > So if anybody out there knows or cares to take a look at their > stock > > configuration I'd appreciate it. I'd run by the Kawasaki > dealership > > but they're closed on Monday. > > > > Matt > >

Wilsons Sandbox

countersprocket confusion

nklr: accident report - legal counsel sought

nklr: accident report - legal counsel sought

nklr: accident report - legal counsel sought

nklr: accident report - legal counsel sought

countersprocket confusion