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Injured on Four Peaks

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Well here goes my story. I am looking for some help and guidance on this injury. I am currently in Scottsdale AZ at Scottsdale Osborn Hospital. I went riding on Wednesday up in 4 peaks with a buddy and we had never been to the top of Four Peaks. We decided to take the fire road cause we wanted a easy liesurly ride. About 20 miles in I was leading, came around a left turn in 2 or 3 gear. I ride a cr250 so that's not that fast. Maybe 20mph. As soon as I came around the turn the road went up a slight incline then dipped slightly. A truck comes over the crest of the hill. There was no time to react. We hit head on. I flew over the front and off into a ditch. I was in serious pain as I assume anyone would be in a head on collision. To shorten this story, now I am in the back of the truck that hit me and he is trying to drive down the 20 of dirt road we just came up. This was not going to work. I watched as my thigh flopped around on every bump. I told him to stop because of the pain and I didn't think I would make it down. We had to call the police and they called a helicopter to lift me out. My femur was broken all the way thru.

So here is the interesting part of the story. The vehicle was a off road test vehicle for VW and the driver was a VW employee. The truck had sand bags in the back and a passenger blatter filled with water to simulate having the weight of a passenger. The fire road has a 25 mph on it but this guy was moving. Police said that the accident was "unavoidable".

1st question. I do not have insurance on my bike. But he should for the company test vehicle right?

2nd question. Can I file a claim against them? And if so how?

Sorry if there are some type o's. I am a bit drugged up here.

Anyone have a good lawyer in the Phoenix area?

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Were you riding an off road bike on a state road? If it’s a legal road, dirt or otherwise in NY you’d be SOL and have a fist full of tickets to boot. Id check the state laws before I made too big of a stink.

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Okay, you're not asking medical advice from a bunch of strangers on an off-road motorcycle chat forum. That's good. But you are asking for legal advice, and that's not so good. Your first step is to do some research and retain an attorney that is familiar with the laws applicable to your particular case. As your case is somewhat unique, considerable research may be necessary to find the right legal talent. Do not shrink from making the necessary investment in time and effort.

Before you talk to the attorney you will need to obtain a copy of the accident report from the police. It is evidence, and it can be used in several important ways. Also, take the time to type up everything you can remember about the incident: location, the nuances of the road you were on, direction of travel, speed, time of day, EVERYTHING. Writing it will help you remember everything, and it will save you from talking your attorney through it verbally in his office at $250 per hour.

Suggest to your attorney that he write a letter to VW on his legal letterhead. The letter should at a minimum itemize your losses in dollar terms (do not forget lost income or the expense associated with physical therapy). It should mention pain and suffering but not ascribe a dollar figure to it. This is to put the company on notice that it'll be cheaper to reconcile out of court. The response you get will be from VW attorneys, and it will reveal what comes next.

Good hunting!

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That sucks. I always have that thought in the back of my head anytime I'm out on the dirt roads. Whether it be in the desert or in the mountains. We will be ripping along and then I start to think "oh crap, what if a car comes around the corner?!?!"

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Suggest to your attorney that he write a letter to VW on his legal letterhead. The letter should at a minimum itemize your losses in dollar terms (do not forget lost income or the expense associated with physical therapy). It should mention pain and suffering but not ascribe a dollar figure to it. This is to put the company on notice that it'll be cheaper to reconcile out of court. The response you get will be from VW attorneys, and it will reveal what comes next.

Good hunting!

Of course the VW legal department may well be drafting letters to him for riding an unlicensed vehicle on a public road, damaging their property and causing their employee emotional stress.

Just saying. :busted:

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Of course the VW legal department may well be drafting letters to him for riding an unlicensed vehicle on a public road, damaging their property and causing their employee emotional stress.

Just saying. :busted:

Doubtful, AZ is pretty lenient toward off-road vehicles, ie; sandrails just need a windshield to get a plate. He was probably legal on that road.

I'd for sure hire a lawyer over this if it happened just as you said.

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Since it was a fire road, would there be any argument from either party about traffic laws being broken and who was at fault?

"You were in my lane"

"No I wasn't, you were in mine"

A never ending argument?

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So you get in an accident were it was no ones fault and your first thought is to sue the other guy.:busted:

No wonder this country is going under.:busted::banghead:

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So you get in an accident were it was no ones fault and your first thought is to sue the other guy.:busted:

No wonder this country is going under.:busted::banghead:

You might want consider the facts:

- The road evidently has speed limit.

- The motorcyclist was traveling well within the speed limit.

- The VW driver was traveling in well in excess of the speed limit.

There is honest fault here, and the person who was behaving legally has been severely injured. If it was your wife would you tell her that it would be "lame" to sue? She'd get two lawyers - one for the accident and one for the divorce!

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He asked about trying to get his bike fixed under the cage driver's insurance, not sue. But they won't pay unless they're proven to be at fault, which will probably necessitate a lawsuit anyway.

Here are the questions you're going to be asked under oath if you decide to sue. "You were doing only doing 20mph? Your honor, here are photos of the crash site, showing the lines of sight in both directions. In this video recreation of the accident, we were able to stop a Honda CR250 motocross racing bike identical to the plaintiff's travelling at 20mph in X feet after cresting the hill travelling eastbound. Here's the truck the defendant was driving, which even at the excessive speed the plaintiff claims, stops in X feet after cresting the hill going westbound. As you can see, both vehicles were able to easily stop before meeting when driven at the speeds the plaintiff claims. Now, how fast were you really going?"

It'll come down to your word over the driver and all they have to do is prove reasonable doubt and you'll lose (Well, the lawyer whispering in your ear to sue will still get paid.). If I were in your position, I'd write them a polite but firm letter laying out your case and asking them to help replace your bike, with a veiled threat that you'd rather not get lawyers involved. I recently did this with a dentist that did a lousy job on a crown and he gladly paid for me to get it done right by another doc.

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A letter written by an attorney on his letterhead with the police accident report and a copy of an up-to-date hospital statement attached and an realistic estimate of the total medical costs is the competing option. Such a letter would probably cost $150 to $250 depending upon the attorney's hourly rate.

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I had a friend have the same thing happen once.

he was riding in the forestry, went to cross a road and BOOM, got hit on the side by a fully loaded cement truck doing about 60 MPH.

his new, uninsured 2008 yz250 was completely totalled, as well as his body. he shattered his pelvic bone, femur, arm, shoulder and jaw. he spend over 4 weeks in intensive care, and another 3 months in the hospital.

long story short, the cement truck company sued for damages done to the truck, my friend lost his license over that, and is now approx $70,000 in debt and is going to have to declare bankruptcy. it basically ruined his life for 5-10 years. not cool at all. he was a very good guy :busted:

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Shit happens, Sorry to hear of the injury you sustained, May you heal fast and well. This is tough thing to deal with and i feel for you. However i would never go after somebody that i hit or something that happened on a blind crest/ turn. Its our responsability to ride no faster then its safe for our own ability and skill level.

Yes , chalk it up as a bad day bad circumstance, bad timing whatever. Law suits lead to closures and that impacts us all.

I wasn't there so good luck with it. Heal fast and ride another day :busted:

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Chuck Franklin is a motorcycle attorney (and to my understanding he actually RIDES mx). He lives in Scottsdale, and is all over the phone book as far as advertisement is concerned.

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You might want consider the facts:

- The road evidently has speed limit.

- The motorcyclist was traveling well within the speed limit.

- The VW driver was traveling in well in excess of the speed limit.

There is honest fault here, and the person who was behaving legally has been severely injured. If it was your wife would you tell her that it would be "lame" to sue? She'd get two lawyers - one for the accident and one for the divorce!

Wow, I have to say that is a granular view of the perceived facts, and an extrapolation to something that didn't actually happen. Although all that may be true, what type of common sense abiding person goes out dirt biking expecting all those controls? Can we have that conversation?

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