Contributory Negligance!
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Thread: Contributory Negligance!

  1. #1
    Very Active Member NoSetFine's Avatar
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    Default Contributory Negligance!

    Hey Team!
    Stumbled across a topic which I thought had come up before, at least in part, during a "helmet laws" or maybe a, "modification / 160 front tire" thread, but Google could only find one old posting from 2007 on the specific topic; I thought it was interesting and important enough to share, as it affects Canadians, Americans and the British at least, likely others also.

    Contributory Negligence. What is it? It's when some azzhat cager is at fault for a collision with your bike but then his/her azzhat lawyer is clever enough to have your bike and gear inspected. If your bike is not properly maintained, is modified, or you were not wearing approved / required / appropriate gear (like a helmet, boots, gloves, etc.) then YOU, the Rider / Victim of this douchebag can be held accountable to have "contributed" to your injuries / damage / loss and therefore any civil / insurance payout to you could be reduced proportionately - ** or even nullified ** - if your percentage of "contribution" was sufficient!!

    Canada:
    (https://www.bronsonco.com/b/determin...cycle-accident)

    USA:
    (http://www.motorcycleaccidentlawyeri...ry-negligence/)

    UK:
    (https://www.bennetts.co.uk/bikesocia...-law-explained)

    So. Just a tip! ATGATT my Brothers and Sisters, and/or make sure you are ready to articulate how that plastic, fake DOT-stickered German spiked beanie helmet, or all those awesome mods we have done (like my 160 front, altered blinkers, whatever...) had nothing to do with the injuries and/or damage you sustained!

    Keep your stick on the ice - we're all in this together!
    : )


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    Very Active Member cbxer55's Avatar
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    Yeah, that back tire mounted on the front could be trouble, as would car tires almost certainly. The majority of mods don't affect a bike that much, tires and brakes. I've had 5 run ins with cagers, and not had that difficulty. Hell, in 2003, some asshat in a work truck came around what would be a right turn for him, left for me. Going well above the 25 mph speed limit in a curve, couldn't stay in his lane, Hit me head-on. Lots of witnesses. Didn't destroy my 81 CBX, but they scrapped it none-the-less. Gave me $6000 for it, I bought it back for $200 and had it rideable for $1000. Never did get a salvage title, sold the bike to a dude in Canada when I bought my M109R in 06. Also, I spent two nights in a hospital while they evaluated my left kidney, which got hit by the upper corner of the trucks hood. Got another $35,000 when all was said and done, after my ambulance chaser took his share.

    Funny thing is, my left kidney is pure perfect these days, while my right, which never got hit, is a kidney stone mass production facility. Been three years though, watching the salt and drinking so much fluid I live most of my life in the head. It's worth it if I never have to step in my uroligists office again!

    Oh yeah, the $35,000. Because my tehn wife and I had moved from commiefornia to Oklahoma in 2002. And didn't buy a house right away. Sold our house in Looney liberal land for a nice profit, but as is typical, owed so didn't see a dime of that profit. In 2003 when we did our 02 taxes, we got hit hard by commiefornia for that profit (that we never saw). So yeah, that $35,000 evaporated like water in Death Valley!
    Last edited by cbxer55; 3 Weeks Ago at 11:02 PM.
    SILVER 2006 M109R.
    BLACK 2008 B-KING


  4. #3
    Very Active Member NoSetFine's Avatar
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    Quote Originally Posted by cbxer55 View Post
    ... Funny thing is, my left kidney is pure perfect these days, while my right, which never got hit, is a kidney stone mass production facility. ...
    Bwaahaha. Funny although that sucks as I'd rather just prune off a toe with a rusty bread knife than pass another stone myself.. but still funny. Lol.

    And at least you had the $35k to lose.
    : )


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    Very Active Member cbxer55's Avatar
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    Most of the time, I don't even know I've passed one. I just hear it hit the bowl, TINK! Damn, another one. But, haven't done so in three years now. I'm really hoping the high hydration/low sodium helps keep them at bay. Most of mine have been small enough to just pass right through unmolested. 2016, I had one big one plug up my right kidney. BIG. Took three attempts by my urologist to get that sucker broken enough to pass out all the pieces. Had to have a damn stent in my right plumbing so my kidney could pass urine while the three attempts were done over a 6 week period. Like you said, I'd rather prune off a toe with a pair of rusty scissors than have another damn stent in me. Talk about peein constantly! Geeze, lived in the head for six weeks. And once he finally did get that sucker busted up, had to strain my pee for a week. Shoulda seen all the little and big pieces I pissed out, looked like a gravel yard.

    It was my fault. When my wife and I split up in 2012, I started drinking a lot of margaritas at this little joint a mile from where I live. The typical margarita has more salt on the glass rim than the FDA recommends for a daily maximum. And I'd sometimes have two. In addition to whatever salt my food had in it. Way too much salt. Salted myself into a stone problem. Learned my lesson. Still drink the margarita's, just NO SALT please. The lime juice is actually a good thing, same with lemon juice. Inhibits the formation of stones from the outset.

    And yes, it was really a good thing we had the money to lose.
    Last edited by cbxer55; 3 Weeks Ago at 11:07 PM.
    SILVER 2006 M109R.
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    Very Active Member Kazimodo's Avatar
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    lots of good info in this thread , thanks guys ,
    not just bike stuff , ..... more lemon juice in future .
    Every Time You Lift Your Tank Beware Of This .

  8. #6
    Very Active Member cbxer55's Avatar
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    Quote Originally Posted by Kazimodo View Post
    lots of good info in this thread , thanks guys ,
    not just bike stuff , ..... more lemon juice in future .
    Sorry I got off topic. But yeah, doesn't even have to be lemon juice. Lemonade works. Those little packets of powder you add to bottled water for flavor, the lemonade works for those as well. Dropping a slice or two of lemon or lime in your water is good. I always have lemons and limes on my reefer. Buy em buy the bag full, they last a long time in the reefer.

    Sounds like I'm not the only one familiar with them damn stones. Genetic problem in my case. Runs in the family.
    SILVER 2006 M109R.
    BLACK 2008 B-KING


  9. #7
    Very Active Member Kazimodo's Avatar
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    No reason to be sorry cbxer55 , info like that is priceless .
    I'd say it's bike related , imagine getting that STING while riding ..
    ..
    we don't get to pick the options in the genetic heritage package ..
    Every Time You Lift Your Tank Beware Of This .

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