Maxi Scoots

Riding => Safety => Topic started by: Spyderist on April 30, 2015, 01:35:00 AM



Title: Blackburg Down
Post by: Spyderist on April 30, 2015, 01:35:00 AM
Blackburg Down - If you ride a motorcycle, they say it's not if, but when you'll go down. My turn was today when a lady pulled out in front of me. Short summary - tibial plateau fracture (top of tibia, just below knee), a few minor abrasions, and sore everywhere (chest so sore I can't take more than a few steps with the walker before stopping to "recover"). Had on full gear (ATGATT !) - full face helmet (few scratches on face shield), padded textile jacket, kevlar jeans (few abrasion, none beyond the kevlar), and heavy boots. Leg is in immobilizer, see surgeon Friday morning. Just another day in the neighborhood.

http://youtu.be/n7mBWk035e4 (http://youtu.be/n7mBWk035e4)


Title: Re: Blackburg Down
Post by: Buffalo on April 30, 2015, 01:45:15 AM
Sorry to here about your crash.  I don't envy your recovery from the tibial plateau fracture.  That is the same injury that happened to me two years ago so I know how painful it is and how long it takes to heal. 


Title: Re: Blackburg Down
Post by: sailingskier on April 30, 2015, 02:36:51 AM
Very sorry for your news.  You will just have to let people help you back to health .... hope that comes quickly and your riding will pick up sooner than expected.

Sounds like a lot of damage for the fall.  It didn't look that bad ...but I sure wasn't there.  Your video shows just how easily and suddenly we can go down.

Heal quickly,
Mike


Title: Re: Blackburg Down
Post by: Maggie on April 30, 2015, 02:41:09 AM
Sorry, Steve.  Thanks for the text messages.   As I told you heal well.   Glad you had the video, will go a long way.   Also glad you wear your gear all the time.


Title: Re: Blackburg Down
Post by: redeye on April 30, 2015, 03:05:00 AM
Tough to watch, but great that you're able to post. Best wishes on your recovery.


Title: Re: Blackburg Down
Post by: Duster on April 30, 2015, 03:29:49 AM
Hmmmmm.....
your YouTube won't play on my Firefox..... :head:


Title: Re: Blackburg Down
Post by: minimac on April 30, 2015, 04:40:56 AM
Best wishes for a quick and full recovery.


Title: Re: Blackburg Down
Post by: sirkitrider-2 on April 30, 2015, 05:30:45 AM
:-(

Sorry to hear Zurg .... But glad you are hear to tell us about it. Heal quickly!

I had my encounter of a too close kind, (Hyundai Sonata),  in 2007.  Busted up shoulder.



Sirkitrider


Title: Re: Blackburg Down
Post by: ozark on April 30, 2015, 01:31:43 PM
You and Maggie in some kind of competition? :hs1:  Just stop it!

Sorry to hear this about the both of you.


Title: Re: Blackburg Down
Post by: DanB on April 30, 2015, 02:12:12 PM
Sorry to hear of this too. Life has a way of throwing us a curve ball. Hope you have a good recovery and get back into the saddle soon.


Title: Re: Blackburg Down
Post by: kcphoto2008 on April 30, 2015, 02:44:05 PM
Steve, sorry to hear all this news. First Maggie and now you. Let's all be safe out there. Steve's video shows something I already know from riding quite a bit this spring, drivers are totally oblivious to our presence. I've already had two near misses on my new bike the one yesterday was the worst as a driver of a minivan decided to make a right turn from the left turn lane. I ended up lane splitting between him and an SUV since I was already at his door when he made the move.

Hope you have a speedy recovery.


Title: Re: Blackburg Down
Post by: billg on April 30, 2015, 11:16:57 PM
Steve, sorry about the 'off' and hope you health quickly.


Title: Re: Blackburg Down
Post by: Buffalo on April 30, 2015, 11:32:24 PM
Steve, how did it go with the surgeon.  Are you going to be lucky like me and not need surgery or will they have to use plates or screws to hold it together. 

My brother also got a tibial plateau fracture when he low sided my 400.  In his case they had to do surgery and put both a plate and screws in to hold the bone together.  His plateau was shattered into a bunch of small pieces.  Mine was broken into 3 larger pieces and they were holding themselves in place so they just put me in a knee brace and had me keep my weight off it until the bones grew back together. 


Title: Re: Blackburg Down
Post by: Greg on May 01, 2015, 03:49:34 AM
Sorry to hear about your getoff.  While your injury is serious enough, it sure could have been worse.  Just make sure you follow the doc's orders. 

In looking at your video, it's hard to judge distances.  How close were you to the SUV when she pulled out in front of you?  And can you provide any details regarding how the bike went down, i.e., lowsided, front end washed out or rear wheel lost traction?


Title: Re: Blackburg Down
Post by: EZMark on May 01, 2015, 05:08:54 AM
If you were considering a knee replacement, this might be the time to do it.
That's a bad place to break your leg and might cause you permanent pain.


Title: Re: Blackburg Down
Post by: gurock1 on May 01, 2015, 06:01:12 AM
Sorry to hear about your get-off and best wishes for a speedy and full recovery!!  I watched your film several times and I'm puzzled.  It's hard to have prospective of what's happening watching it on film, but it appears like you slid out trying to emergency stop.  It makes me wonder whether ABS would have saved you?  If there's one thing I've learned from my get-offs and stories of other's get-offs is that no one knows what it's like and what could have been better then the rider, so I don't want to second guess about what could have happened.

In any case wishes for good healing and I'm happy it wasn't worse.

BTW, I'm sure that the ATGATT did save you from worse injuries to your skin and head.


Title: Re: Blackburg Down
Post by: jdbrot on May 01, 2015, 04:46:30 PM
Maybe the wide angle lens made the vehicle look further away than reality. Definitely sounded like front wheel lockup. Just bad all around. Heal quickly Steve.


Title: Re: Blackburg Down
Post by: Spyderist on May 17, 2015, 10:07:53 PM
Obviously way past time for me to have updated my report ... I'll blame it on the drugs.  Thanks for your good wishes - much appreciated.  Hopefully this report won't be too boring ...

Saw surgeon on 5/2 and had 3 3/4 hours of surgery on 5/3 (took longer than he anticipated*).  Outside of left tibia plateau (top of tibia) was fractured into 5-7 "identifiable" pieces (apparently below a small size they don't count), and there was a lengthwise crack about 1/4 of the way down the tibia.  The multi-pieces left a void between tibia and femur.  Crack was fixed with screws (can't even be seen on post-op x-ray).  Void was filled with calcium phosphate which is held in place with a plate that's screwed into tibia.  No load bearing for 3 months, but it actually takes about 2 years for the body to fully assimilate the calcium phosphate as/into bone.

Saw doc after 12 days and all looks good.  Had my 35 staples removed (30 in one line, 2 and 3 in two other places) without issue.  It looked pretty ugly when first revealed (this past Friday) but after just a day it really looks almost normal, just swollen.  I really haven't had a lot of pain (mostly an itching, aching feeling) and have been down to just one pain pill at bedtime for about 5 days (with no distractions at night it kind of "stands out" making drifting off a bit difficult).

I no longer have to use the immobilizer unless I want to (for "security"), and being able to shower without 10 minutes of pre-shower wrapping & taping is a major advance.

The big issue now is just getting around.  I still have a sore chest muscle so using crutches or the walker is uncomfortable.  The wheelchair makes it much easier but it doesn't fit everywhere.  I travel the stairs on my backside, one step at a time ... hardly dignified but it strikes me a lot safer than crutches (no chance of falling).  I've some exercises to do and in home physical therapy is supposed to be coming.  The in home part was unexpected but welcome, especially as we watch our 5 month old grandson during the day and taking me anywhere requires our daughter to make other arrangements (his "capsule" and my stiff leg won't both fit in the car just yet).

Amazingly the bike does not appear to be in very bad shape - just ground up plastic on the left side.  Essentially, I just low sided.  After tossing me the bike just slid on its left until it made it into the grass, then stood up to almost vertical, and fell back down.  Today was the first time I got out to take a look at it (as best I could from wheelchair).  I also took a closer look at my gear and was surprised by all the cuts & scrapes I found that I really wasn't aware of.  Message reinforced - wear your gear, even on short runs.  Some photos are posted at https://www.flickr.com/photos/56056153@N08/sets/72157650662390624 (https://www.flickr.com/photos/56056153@N08/sets/72157650662390624) .  By the way, as an AMA member, the bike was hauled home per the road service that comes with auto renewed membership.  I went down within a couple miles of home.  My daughter, who stayed with the bike, said the guy who hauled it spent as much time tying it down as he did driving it home.  AMA claims to take care to only call folks who know how to haul bikes ... we're convinced.  It starts and appears to be running just fine, so it's just sitting in the garage with a battery tender attached.

Of course every event such as this has many stories to be told ... my favorite:  I'm in the ambulance being strapped down and the EMT is playing the do you have dain bramage, twenty questions game. 
EMT: What year is it?  Me: 2015 (nailed it)
EMT: Who is the president, even if you don't like him?  Me: Obama ... what?  What do you mean if I don't like him?
EMT: We have to say that because so many people get upset when we ask.  Me: (hmmm?)
EMT: What month is it?  Me: April (it's April 29th)
EMT: Close enough.  Me: What do you mean close enough?
EMT: It's May.  Me: No, it's not.
EMT: Oh wait a minute ... let me think ... yeah, you're right.  (In her defense Derby is always the first Saturday in May and, in Louisville, spring time revolves around the Derby.  Since we'd been immersed in Derby festivities for two weeks and Derby was just two days away, for a lot of folks here it already was May).

As regards "what happened" ... I locked it up, and low sided.  Obviously I saw her there and could not believe she pulled out.  My reaction was involuntary - I was sliding before I even knew I had done anything.  My first conscious recollection after seeing her pull out was of having the brake levers pinned to the handle bars and looking down at the ground.  I don't know which wheel was locked up but I only saw one rubber strip on the road, and the groove from the dragging center stand when we passed by the site going home.  Of course I've rethought this a hundred times and wished I'd gotten off of the brakes to regain traction - but given the time that would've taken (even just fractions of a second) I'd probably have hit her and no telling where'd I'd gone then.  I wish I'd had ABS ... it may well have saved me.  I get practicing emergency stops so you don't lock it up but, as I said, I was unaware I had even applied the brakes until I was already sliding.  Retraining your brain/muscles to not react by immediate, hard braking must take a LOT of practice.


* A side note:  A high school buddy of mine works for Styker and sells "body parts".  Turns out he knows my surgeon well and I suspect, via their reported discussions, I've a more personal connection to my surgeon than normal.  I've no doubt his care is exemplary for all his patients (great reputation) but somehow this personal link feels most comforting.


Title: Re: Blackburg Down
Post by: Buffalo on May 18, 2015, 12:04:20 AM
Good to hear you are on the mend now.  Unfortunately as they told you it does take a long time for this particular injury to completely heal. 

As for locking up the brakes.  Even if you practice emergency braking you can over apply the brakes when a real emergency happens.  In my book that is what makes ABS a good idea. 


Title: Re: Blackburg Down
Post by: sailingskier on May 18, 2015, 12:28:12 AM
Thanks for the update. I was wondering how you made out ; and it seems you made it quite well to the "wait to heal" stage with a positive attitude in tact.  A good attitude will help speed the healing.  I think part of that attitude is shown in your interest of the bike's condition.  Glad damage isn't too bad.

Needless to say ... "heal well" !

Mike


Title: Re: Blackburg Down
Post by: gurock1 on May 18, 2015, 06:29:54 AM
Glad you're moving along in the healing process.  Second guessing your accident doesn't help you as much as all that.  Once it's happened that's it!  Also remember that if the lady didn't pull out in front of you for no good reason none of it would have happened FOR SURE!

This riding season is shot for you due to the injuries.  That give you quite a while to decide what to do about the bike and what you'll ride after this.  It's my experience that nothing teaches panic stopping except real life panic stopping.  It's just what you said.  That the reactions needed are different then the ones we spent so much to learn for cars.  Our hobby is very dangerous and especially in the spring, when we've had a hiatus from riding and the car drivers have had a hiatus from seeing M/Cs on the road.


Title: Re: Blackburg Down
Post by: gnslngr on May 18, 2015, 01:50:54 PM
Oh, man, I just saw this.  First of all, really sorry for your pain.  And really sorry about that bike as well.  Hope you recover good as new, and quickly. 

That said, your video scared the ever-lovin' bejesus out of me.  Here's why:  You, like me, wear a Hi-Viz jacket and a Hi-Viz helmet.  That she didn't see you is completely amazing.  And completely horrifying.  Thank you for reminding me to ride defensively.  That video should be required viewing.  It shows riders how people just simply don't see us, no matter what we do.


Title: Re: Blackburg Down
Post by: Buffalo on May 18, 2015, 04:01:27 PM
Oh, man, I just saw this.  First of all, really sorry for your pain.  And really sorry about that bike as well.  Hope you recover good as new, and quickly. 

That said, your video scared the ever-lovin' bejesus out of me.  Here's why:  You, like me, wear a Hi-Viz jacket and a Hi-Viz helmet.  That she didn't see you is completely amazing.  And completely horrifying.  Thank you for reminding me to ride defensively.  That video should be required viewing.  It shows riders how people just simply don't see us, no matter what we do.

Not sure why it should amaze you.  People pull out in front of firetrucks with all their lights going and high viz paint covering the whole truck.  Compared to that your jack and helmet are just a speck. 


Title: Re: Blackburg Down
Post by: Duster on May 19, 2015, 03:45:49 PM
People pull out in front of firetrucks with all their lights going and high viz paint covering the whole truck.  Compared to that your jack and helmet are just a speck. 

Lost a rice-rocket rider in Lubbock yesterday...36 year-old.
Hit the L front wheel of an 18 wheeler pulling out to make a R hand turn...
didn't see the cycle coming from an underpass....lots of accidents
at this intersection...very difficult to see traffic coming through
the underpass..been there many times myself.
News video showed gym shoes laying in the street, along with a
helmet he had with him, but was not wearing.


Title: Re: Blackburg Down
Post by: minimac on May 20, 2015, 02:14:26 AM
Thanks for the pics of the your gear. Oft times I will try to justify not wearing my gear by thinking that I'm just running into town. Then I remember things like this. I hate to think what your feet would look(or feel like) like if you were wearing sneakers. Just imagine what your face may have ended up looking like! The bike doesn't look too bad, and thankfully you're still around to fret about it. Heal well and soon.


Title: Re: Blackburg Down
Post by: gnslngr on May 20, 2015, 04:31:02 AM
Oh, man, I just saw this.  First of all, really sorry for your pain.  And really sorry about that bike as well.  Hope you recover good as new, and quickly. 

That said, your video scared the ever-lovin' bejesus out of me.  Here's why:  You, like me, wear a Hi-Viz jacket and a Hi-Viz helmet.  That she didn't see you is completely amazing.  And completely horrifying.  Thank you for reminding me to ride defensively.  That video should be required viewing.  It shows riders how people just simply don't see us, no matter what we do.

Not sure why it should amaze you.  People pull out in front of firetrucks with all their lights going and high viz paint covering the whole truck.  Compared to that your jack and helmet are just a speck. 
l
Um, yea.    But it's still surprising.  It's still amazing.  Yes, I am quite aware it happens all the time.  And I am aware of the size disparity between myself and a truck.   Nonetheless, it amazes me every time it happens.


Title: Re: Blackburg Down
Post by: wyd on May 20, 2015, 04:28:27 PM
Wow that is a scary video.  Glad in time you will be ok but that still don't make it right what happened to you.  After watching and seeing what you where wearing with the high viz stuff on their is no excuse she couldn't see you.  I'm sorry if it where me and I had all that gear on in the high viz I would be taking her insurance company to the cleaner.  I would have an attorney that is ruthless because this excuse I didn't see you BS is for the birds.  I know I bought me and my did nice Fly Racing high viz yellow vests and I have a high viz helmet and thin I put high viz striping on my dads helmet so if we get hit and that excuse comes up I'm sorry but someone is going to pay dearly.

I was hit once before in 2001 sitting a red light in an 25mph zone and was rear ended by a douche bag reading directions off his steering wheel.  As I look back now I wish I would of got an attorney and hammered them because I did zero wrong and now years later my back is giving me problems.


Title: Re: Blackburg Down
Post by: Spyderist on June 21, 2015, 08:17:20 PM
Update:

Saw my surgeon Friday and got a bit of a reprieve from the "no weight bearing for 3 months" (it'd been 7 weeks).  I'm now allowed up to 40% of full weight bearing (FWB), depending on what I can tolerate (I'm waiting on outpatient PT this week to see if they've a better way to measure 40%, than my guessing with a bathroom scale).  The goal now is to get to FWB with a cane, perhaps in 6 weeks.

Of course I overdid it Friday after seeing the doc (walked a lot with walker but nowhere near 40% weight - retraining motion more than strength) and my leg let me know it wasn't happy that night.  So I cooled it yesterday and was OK by evening.  For now the hurdles seem to be stiffness (still swollen) and atrophy more so than pain from the break.  Fingers crossed.


Title: Re: Blackburg Down
Post by: Maggie on June 21, 2015, 08:52:58 PM
Glad things are improving! 


Title: Re: Blackburg Down
Post by: sailingskier on June 21, 2015, 10:08:25 PM
Glad things are improving! 

Me too .... me too !  Time heals all wounds !  I hope so.

Guess ice will be your friend for a while .....(and not just in the glass).

Good to hear how you are doing. Thanks.
Mike


Title: Re: Blackburg Down
Post by: Buffalo on June 21, 2015, 11:19:00 PM
Good to hear you are past the first big hurdle.  That tendency to overdo it on the first day is understandable.  You will quickly learn just how much you can work it before it says "hey dummy what are you doing to me". 


Title: Re: Blackburg Down
Post by: EZMark on June 21, 2015, 11:20:24 PM
Get well soon Steve.


Title: Re: Blackburg Down
Post by: jdbrot on June 22, 2015, 03:10:14 PM
Yay. Glad to hear you are ambulatory again.


Title: Re: Blackburg Down
Post by: SilverBullet on June 22, 2015, 10:36:56 PM
Oh man Steve this is the first I've seen this! Good to hear your OK and on the mend
Are you going to be rally ready?


Title: Re: Blackburg Down
Post by: billg on June 23, 2015, 02:48:33 AM
Keep up the good progress.


Title: Re: Blackburg Down
Post by: minimac on June 25, 2015, 02:56:42 PM
That sounds like you've really been rehabbing and healing up well. Great progress!


Title: Re: Blackburg Down
Post by: Spyderist on August 16, 2015, 08:52:09 PM
I suppose an update is in order.  I don't know that this'll be of great interest to anyone but it might be useful as a primer for folks who haven't gone through this sort of mess.

I've been shuffling around with just a cane for about two weeks.  It's WAY better than being all but immobile but I really still can't do much of anything.  My knee is still quite stiff & swollen, and quick moves and any twisting is quite unpleasant (he stated as nicely as possible).  I see the surgeon again Wednesday (16 weeks post accident/surgery).

I didn't initially go looking for an attorney but through the first month the lady who pulled out in front me would not respond to my insurer, so I did get one ... now whatever transpires will have the benefit of his expertise.  The lady's insurer did finally respond, almost coincidentally (but not because of) my getting an attorney.  Since that time they hired an adjuster who declared the bike totaled. I don't think there's anything structurally wrong but it looks to me like every piece of plastic on the left side needs replacing and, by my reckoning, that adds up to just under $1,700 in parts alone.  Throw in installation and the cost exceeds half of the bike's value which is generally an insurer's target for the repair / replace decision.  Their settlement offer for the bike is in line with both the Kelley and NADA value estimates, and they agreed to bump it up a bit for the accessories I had added to the bike.  Obviously I'm not happy about any part of this situation but the vehicle part at least seems reasonable.  More than anything I think it a positive sign that they apparently are taking responsibility without dispute.  I haven't yet seen an offer for the damaged riding gear.

Settlement for medical costs and other compensation (as appropriate) has yet to be broached ... that'll be where the attorney's expertise comes into play.  There's a lot of "what's reasonable" data out there, just not readily available to the average Joe.  FYI, medical costs (which obviously aren't all in) already stand at about $85K billed (of course what they'll take from insurance will be less).

There's a lot to the whole process, far beyond just healing, though that's still paramount.


Title: Re: Blackburg Down
Post by: gurock1 on August 16, 2015, 09:58:50 PM
Your injury settlement depends on much more then the size of the medical bills although they do factor in.  The length of recovery, lost wages, any permanecey, all figure in as well as what a jury has done in your state and county in trials of similar cases.  Chicago is a fairly stingy location and without major permanecey or lost wages a case like that is worth between 150 k and 225 k assuming the other driver is totally at fault.  Also your attorney should be able to settle with the medical lien holders for no more then a third of your settlement.

BTW hopes for a speedy recovery!


Title: Re: Blackburg Down
Post by: EZMark on August 17, 2015, 01:10:25 AM
Most people I know have received 3 times their medical bills. Of course the lawyer gets a third.


Title: Re: Blackburg Down
Post by: wyd on August 19, 2015, 03:54:18 PM
Great to hear that you are getting better.  I cringe every time I watch your video.  I remember as a young kid about 18 I lad pulled out in front of me like that but I was luck and shot through a driveway, down the sidewalk and out another person driveway.  If that driveway opening wasn't their I would of been down.  I was less than 3 miles from my house.  Both accidents although non my fault I was less than 3 miles from home on each one.  Goes to show that it can happen close to home or far but the danger is still the same.

I will say I have less people aiming at me ever since I switched to a high viz helmet and a hi viz vest from Fly Racing.  I still know that some how someone still wont see me so I'm always on alert.


Title: Re: Blackburg Down
Post by: Spyderist on November 05, 2017, 04:24:36 AM
It's been over two years since I started this thread as a result of my minor crash/major injury triggered by a lady who "didn't see me" and pulled out into my path.  A handful of screws, a plate, some "bone putty", and two surgeries put my knee back together fairly well.  It's always stiff, but isn't painful all the time, and I can walk slowly without a limp (not so true when in a hurry).   It took just over two years for the lawsuit to be settled - ended OK I suppose, but I'd much rather have had the lost time and my undamaged knee back (my feelings upon settlement were just of relief, not at all of celebration - nobody "won").

But what prompted this follow-up is an article I read in the AMA's magazine regards reacting to a locked up rear wheel.  Certainly every event is unique to its particular circumstances, but their general advice suggests my reaction was the right one, albeit not necessarily on purpose.  The article does not describe my situation other than regards dealing with a locked rear wheel.

(http://www.lsvl.info/MSFCurveCrash.jpg)


Title: Re: Blackburg Down
Post by: redeye on November 06, 2017, 01:47:47 AM
It's been over two years since I started this thread as a result of my minor crash/major injury triggered by a lady who "didn't see me" and pulled out into my path.  A handful of screws, a plate, some "bone putty", and two surgeries put my knee back together fairly well.  It's always stiff, but isn't painful all the time, and I can walk slowly without a limp (not so true when in a hurry).   It took just over two years for the lawsuit to be settled - ended OK I suppose, but I'd much rather have had the lost time and my undamaged knee back (my feelings upon settlement were just of relief, not at all of celebration - nobody "won").

But what prompted this follow-up is an article I read in the AMA's magazine regards reacting to a locked up rear wheel.  Certainly every event is unique to its particular circumstances, but their general advice suggests my reaction was the right one, albeit not necessarily on purpose.  The article does not describe my situation other than regards dealing with a locked rear wheel.

Thanks very much for checking in and providing an update. Prayers and best wishes for your continued recovery.

On a couple occasions while teaching the Basic Rider Course, I have observed students entering a curve at less than 20 MPH, as the MSF article notes "even at slow speeds," skid the rear wheel, release the rear brake, and high-side with surprising force. The MSF article also uses the language, "...vigorously lift and twist the rear of the bike, ejecting the rider..." which is unfortunately quite accurate.

However, some students remain upright on two wheels, but far off the intended path of travel. The facts of each incident are truly different, as the article states. Even if the high-sided student has no injury, this represents a challenging coaching moment.

Please take care and continue recovering!


Title: Re: Blackburg Down
Post by: Maggie on November 06, 2017, 01:10:25 PM
Good info!


Sent from my iPhone using Tapatalk Pro


Title: Re: Blackburg Down
Post by: CelticCross on November 06, 2017, 07:30:29 PM
Thanks for the update an the pertinent MSF article.

I hadn’t seen this post previously so went to the first post. I find it disturbing that the lady and/or her insurance company didn’t proactively act to compensate you for your material loss and for your medical costs/pain and suffering. Did you check with your insurance provider to see if they would the legal service needed vice using an outside attorney? Years ago I was rear-ended on the Interstate and the person at fault was uncooperative. I called my insurance agent to notify them of the crash and possible to file a claim as the cost for repaying my car was several thousand dollars more than my collision deductible. They ended up paying my repair bills and sueing the person at fault and his insurance company. Got my deductible payment back and no black mark on my insurance record.


Title: Re: Blackburg Down
Post by: Buffalo on November 06, 2017, 08:13:11 PM
Wish I could tell you that the knee will improve from what you are experiencing now.  However my experience tells me that is about as good as it gets for that particular injury.  I'm close to 4 years now on mine.  Still have to concentrate to walk without a limp.  Running is out of the question.  I can jog after a fashion but it's not pretty.  Worse is if I put my weight just so on the ball of my foot.  Then the knee gives way and I stumble.   It's just like that old trick where someone slips up behind you and pokes you right in the bend of the knee and your knee gives way.


Title: Re: Blackburg Down
Post by: Spyderist on November 08, 2017, 10:54:39 PM
I find it disturbing that the lady and/or her insurance company didnít proactively act to compensate you for your material loss and for your medical costs/pain and suffering. Did you check with your insurance provider to see if they would the legal service needed vice using an outside attorney?

They ponied up right away for the bike and my gear (after I had an attorney), but were not so forthcoming regards medical costs/pain & suffering.  Eventually they offered the limits of liability on her base policy but kept dodging my attorney regards any additional coverage.  Only after the lawsuit was filed (which named a calculated amount based on incurred & future costs and history in my state for similar injuries) did they reveal there WAS additional coverage (pretty much forced their hand).  My attorney was really pissed because he said if he'd have taken their word he would have committed malpractice (it's complicated regards his responsibility under the law).  And, since they'd acted in bad faith, they might have been violating a law which requires just the opposite of insurers in my state.  Given that they settled for more than what they implied was their limit of liability, it's a good guess that they weren't initially forthcoming.  Of course I understand that their job is to settle for as little as possible, but operating outside the intent (if not the technical requirements) of the law is disturbing.  We wasted a lot of time and effort playing games getting them to come clean.

Yes, the first thing I did was contact my insurer who could get no response from the lady or her insurer* despite trying a variety of approaches ... but they made no offer of taking on the task of pursuit.  Perhaps if I had pressed them harder, but I didn't have a reason to, or even think it was a possibility.

* Her insurer basically responded by saying until she contacted them, they'd have no response.


Title: Re: Blackburg Down
Post by: Spyderist on November 08, 2017, 11:14:54 PM
Wish I could tell you that the knee will improve from what you are experiencing now.  However my experience tells me that is about as good as it gets for that particular injury.

Considering how badly my knee was damaged, I feel lucky that it's as good as it is.  In the follow up after the hardware was removed my surgeon said he'd done the best he could but, beyond the 5-7 pieces of tibial plateau he'd identified, the rest was "just dust".  Like you said, certain "just so" positions can deliver a sharp pain, and it doesn't like to be extended (straightened - so if I put my legs up on a footstool I have to put my right leg under it.  Same if I'm lying on my back in bed).

I can't recall if I covered it here but I've been asked why he didn't just go ahead and do a knee replacement.  The reason is that the replacement is anchored in/on the tibial plateau, and half of mine wasn't sound enough to be used.


Title: Re: Blackburg Down
Post by: Buffalo on November 09, 2017, 01:39:19 AM
Yeah that's the situation my brother is in.  His was busted up at least as bad as yours.  Doc pretty much said he could live with it or remove the lower leg and get a prosthetic.


Title: Re: Blackburg Down
Post by: minimac on November 09, 2017, 04:37:15 PM
How about naming the offending insurer, so we can steer clear of them? Being based upon your personal experience, there shouldn't be any concern with liability, and I ( I'm sure others) choose not to do business with companies that choose to conduct themselves in that manner.


Title: Re: Blackburg Down
Post by: CelticCross on November 09, 2017, 05:42:06 PM
I am amazed at the number of aches and pains i have now based on injuries sufered when young or just from living life that can affect my mobility from day-to-day. None of which compares to your knee injury. My sympathies.

How do you like your Spyder?


Title: Re: Blackburg Down
Post by: Spyderist on November 14, 2017, 05:45:34 PM
Yeah that's the situation my brother is in.  His was busted up at least as bad as yours.  Doc pretty much said he could live with it or remove the lower leg and get a prosthetic.
Well mine must be in better shape than his as the surgeon said I'm now good to go for a knee replacement should it get bad enough that I need one (which both he and a consulting surgeon opine that I am likely to require some day as my repaired joint is prime territory for arthritis to invade).


Title: Re: Blackburg Down
Post by: Spyderist on November 14, 2017, 06:19:50 PM
How about naming the offending insurer, so we can steer clear of them? Being based upon your personal experience, there shouldn't be any concern with liability, and I ( I'm sure others) choose not to do business with companies that choose to conduct themselves in that manner.
Well, clearly a rider's opinion of the accident is biased but other folks might suggest that the lady's liability was partial since I didn't actually hit her (apparently that's key in some states) ... and the insurer's attorney was set to argue that some of the fault was mine because I didn't "react properly" to avoid the accident (e.g., sounding horn, more controlled braking, swerving left [no oncoming traffic], or swerving right [grassy shoulder]).  Actually, I did avoid hitting her (somehow that was over his head), but I digress.  Of course he knew nothing about motorcycles (in my deposition he kept pressing me to reveal the horsepower of my bike and refused to believe it wasn't published somewhere.  I had searched many times for that info from Suzuki on my 400, and never found it).  Though, as riders, we know that expecting such reactions as the norm is far fetched given how quickly "things happen", but who knows what a jury might have concluded.  So, despite my interest in having the chance to refute the insurer's attorney's claims (I had a ton of references), we settled in mediation.  Basically it came down to taking what they offered in mediation versus rolling the dice with a jury for what probably wouldn't have been as much as 10% more (and could have been less).

I'm not bothered by the fact that they didn't immediately step up and offer huge sums of money ... that's not how they stay in business. The galling factor (pissed off my attorney even more so than me) was that they suggested he look elsewhere (e.g., my insurer) for any damages beyond her base coverage.  His take on that was that they were acknowledging the damages were greater than what they were offering, and yet they were silent on that fact that they knew of (and in fact underwrote) additional coverage that she had (the latter possibly being a violation of our state's law regards good faith negotiations).

The insurer is not likely one you'll encounter in your neck of the woods, Kentucky Farm Bureau (they sell insurance only in Ky).  They get 2 1/2 stars (out of 5) regards claims performance as rated by Expert Insurance Reviews.


Title: Re: Blackburg Down
Post by: Buffalo on November 14, 2017, 06:31:49 PM

Well mine must be in better shape than his as the surgeon said I'm good to go for a knee replacement should it get bad enough that I need one (which both he and a consulting surgeon opine that I am likely to require some day as my repaired joint is prime territory for arthritis to invade).

Yours must be somewhere between mine and his.  In addition to his tibial plateau being pretty much destroyed the tibia above his ankle was broken in two places and had to be screwed back together with a plate. 

Doc said that arthritis and a knee replacement are probably in my future also. 


Title: Re: Blackburg Down
Post by: Spyderist on November 14, 2017, 06:33:44 PM
How do you like your Spyder?
I see from your listing that you have the same Spyder as me - 2016 RT Ltd SE-6.  I like it quite a bit though, as I'm sure you know, it's hardly like riding two wheels.

As my wife and I keep our daughter's 16 month old twins 5 days a week, I haven't ridden it nearly as much as I'd like.  Besides tying up the weekdays, catching up on our routine chores and other interests eats up much of the weekend.

It's taken a while but you do eventually find that rolling through the turns is it's own kind of rush, once you get comfortable putting on the power as you come out of the turns (and fighting the inertia that would like you to exit the bike).  Though quite different (no leaning), it is something akin to doing the same on two wheels.

And the stability is outstanding.  On our first distant outing, we found ourselves rolling down the interstate in the rain, passing semi's at 70+ mph.  Of course I have to admit that my confidence rose more quickly than I might have expected as I was following Pete & Maggie on their Spyder on our way to Spyderfest.


Title: Re: Blackburg Down
Post by: CelticCross on November 15, 2017, 08:37:20 PM
It was the stability that drew me to the Spyder. My wife has some physical limitations that would not allow her to ride on a standard motorcycle/scooter. Haven’t had it long but both of us are thoroughly enjoying our around-town rides.