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Thanks to Dashcam, got out of reckless ticket and potentially very expensive lawsuit

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It happened 3 months back, I posted this video and deleted as it was still in court. Last week, cops and prosecutor dropped the charges immediately after watching the video.
In my lawyer own words - without video , you have no chance: cops gave ticket and the motorcyclist had 3 witnesses. Motorcyclist also can sue me for hundreds of thousands of dollars , if not more.


I tried replacing the video , but ended up deleting it. Here is the new link -
. I'll upload the front view later
 
Ugh, I have seen posts blaming the driver because of no turn signals. I know the result of the case, but the video showing turn signals (previous video) would quiet some haters

There are no haters to quiet as this case is over. Threads like these many times turn out into a form of "online judgement" where people want the video, want to break it down frame by frame, and then start assigning blame etc. Not necessary in this case as the OP has resolution.
 
I think one thing we forget is that cars traveling at those speeds don't drive perfectly straight, perfectly between the lines, all the time. Cars are constantly shifting and readjusting. That's just part of normal driving. We're not robots. That's why lanes have extra space. It looks like the Tesla driver is driving perfectly normal and the small shift in the lane is perfectly within the standard error of normal driving. Instead of asking why his car shifted an inch, I think we should be asking why it's legal for motorcycles to share lanes with cars, as we can clearly see that both will not fit in the same lane.
 
If you watch the video frame by frame, shortly after making contact with the car, as the rider begins falling, you'll notice something in the hand of the rider, either reflecting light, or producing light. In the next frame, you'll clearly see a smartphone facing directly at the camera on it's way to the ground. In the next frame, it's almost at the ground, but still visible. Then, it's gone. I think it is HIGHLY likely to be the cause of the accident. A motorcyclist (or anyone driving anything on the highway) shouldn't have a hand preoccupied with something else.

Whether the phone was just in the hand, not being used and caused the rider to be unable to safely steer away, or the rider began receiving a call and glanced to see who it was, or the rider was actively texting before the incident, it shouldn't have happened. Just put your phones away, people. Focus on getting to your destination, otherwise you'll end up like this guy and your destination will be the hospital.
 
I can't see where anyone would fault the driver at all after seeing this video. As others have stated he's within his lane and not driving irrationally zig zagging in his lane, looks perfectly normal. This feature alone would be very valuable for a person like me that does 25-30,000 miles a year in densely populated areas. I'm glad this worked out the right way for the OP.
 
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If you watch the video frame by frame, shortly after making contact with the car, as the rider begins falling, you'll notice something in the hand of the rider, either reflecting light, or producing light. In the next frame, you'll clearly see a smartphone facing directly at the camera on it's way to the ground. In the next frame, it's almost at the ground, but still visible. Then, it's gone. I think it is HIGHLY likely to be the cause of the accident. A motorcyclist (or anyone driving anything on the highway) shouldn't have a hand preoccupied with something else.

Whether the phone was just in the hand, not being used and caused the rider to be unable to safely steer away, or the rider began receiving a call and glanced to see who it was, or the rider was actively texting before the incident, it shouldn't have happened. Just put your phones away, people. Focus on getting to your destination, otherwise you'll end up like this guy and your destination will be the hospital.
I looked and saw a light, but I thought it might be the rear taillight that had broken off, and was now flying/flopping off. I couldn't see anything in the rider's hand. Here's the image that I'm looking at:
Screenshot 2019-10-23 13.28.59.jpg


If it had gone to trial in a civil case, would have been interesting to subpoena the cellphone records to see if the rider had been texting, etc.
 
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Threads like these many times turn out into a form of "online judgement" where people want the video, want to break it down frame by frame, and then start assigning blame etc. Not necessary in this case as the OP has resolution.

I can't see where anyone would fault the driver at all after seeing this video. As others have stated he's within his lane and not driving irrationally zig zagging in his lane, looks perfectly normal. This feature alone would be very valuable for a person like me that does 25-30,000 miles a year in densely populated areas. I'm glad this worked out the right way for the OP.

If you watch the video frame by frame........


This is what I meant in my quoted post. People start with "post all the videos please", and end up with debating online forensics analysis to "assign blame" to someone. Its not necessary in this case people, this case is already over.
 
Wow, glad you were using Dashcam. With 3 witness against you would have been tough at the trial. Luckily dude survived and did not get run off by traffic while sliding. This is why I make sure my Dashcam works here in California where lane splitting is legal. Often bikers come very close to my rear view mirrors. Would suck if they brake it and I have no way of catching up.
 
i would have let it go to court and save the video until after they gave their statements as the "coup de grâce", thus discrediting all eyewitness accounts as incorrect and not trustworthy. then counter sue for wasted time and resources, as well as any additional future increases in insurance premiums due to this event which was falsified from the beginning.
 
i would have let it go to court and save the video until after they gave their statements as the "coup de grâce", thus discrediting all eyewitness accounts as incorrect and not trustworthy. then counter sue for wasted time and resources, as well as any additional future increases in insurance premiums due to this event which was falsified from the beginning.
Not to ruin your Perry Mason moment, but wouldn't the biker's lawyers get to see the video at discovery?
 
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