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  1. #41
    psycho44's Avatar
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    Re: Its been 1 year since the accident, court update.

    just reading what you posted below makes me irate. Argh stupid girl want to punch her or something something. My neighbours and co-workers always say I go fast when they see me on my bike and I ride well at the speed limit. People just can't judge speed.

    Most times cars will just stop because they respect the riders but this lady purposely cut you off in the hopes you go around her like most people in Brampton do when they exit out a plaza thinking you'll just switch lanes and go around them. That's not how it works in this country! argh hate cagers with this mentality that it's the other persons fault for not avoiding their stupidity. They will just never learn until they get put in prison.

    Don't know if it was mentioned in previous posts but did this lady driver offer to help you while you were lying down? Did she ever apologize on that day of the accident?

    I hope you sue her until she's got nothing left. And looks like your road to recovery is looking positive. Wish you speedy health!

    Quote Originally Posted by ANDRASTA View Post
    Thanks for all your support guys, I really appreciate it. Engineer Joe hit it right on the head as she clearly cannot operate a motor vehicle properly.

    She stated in front of the judge that " I pulled out of the strip mall on the right and waited on the yellow line to merge. There were one or two cars and I couldn't get into the eastbound traffic." This is such a lie as the traffic eastbound was heavy and, there is no merge lane!! heh. Secondly what irritates me as she stated that If I wasn't going "so fast" I would have been able to make it around her into the other lane. I find it highly unlikely that you can easily predict someones speed accurately looking at them head on. (I was actually going the speed limit of 60km/hr.) This is where the judge actually chuckled and said, regardless even if he was going fast you shouldn't have made the turn.

    Clearly from the photos guys you can see she basically came to a standstill in my lane. Its my understanding that you should not enter an intersection unless its clear to pass.

    The thing that really bothered me is she actually was laughing and joking about it to other people that were sitting in the courtroom stating that, I must have been going fast as when my bike hit the car, I flew off the bike. OBVIOUSLY YOU DUMB *****!! Your in a car!

    Now, I don't wish any harm on anyone but clearly this person does not get it. I actually retained a lawyer about 2 weeks after the fact and YES, her insurance has been paying for my rehabilitation ever since and I have plenty left to go, and I intend to keep going. My lawyer was quite pleased at the outcome today and due to the lack of remorse, I am suing her.

    My injuries are going to be with me for life. I have lost about 15 degrees of flexibility in my left hand, my shoulder clicks constantly with some pain and I have some scar tissue in my lower back. The Shoulder can be worked on as well as the lower back but the hand is for life. I train my hands 4 times a week and my grip strength is quite high.

    At the end of the day, I can still squeeze the clutch lever

  2. #42

    Re: Its been 1 year since the accident, court update.

    =( @ ANDRASTA

    Maybe you can get enough out of her so that she will never drive again. I don't understand how the frack she can "joke" about ruining the rest of your life due to her being a **** *** driver.

    And by the way, surprised no one mentioned this, becareful of PTSD and/or depression. I can't do much...but I will change my statement, I hope she gets raped or stage IV cancer AFTER you, hopefully, sue her successfully!

  3. #43

    Re: Its been 1 year since the accident, court update.

    Quote Originally Posted by SkyRider View Post
    yeah? fair eh? can i pay you $60 and run you over? lol jk
    No, but I'll let you drive into me if you let me kill you.

    Same goes for the other juveniles here who don't understand right from wrong.
    There is no planet B.

  4. #44

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    Re: Its been 1 year since the accident, court update.

    Quote Originally Posted by dcx135 View Post

    If death, cancer or rape (or any other number of terrible "woe is me" things) happened to me or my family, I doubt I would mentally or emotionally link it back to something I did to someone else. This probably applies to just about everyone since the person would be too busy with the situation to do such navel-gazing.

    So therefore, wishful thinking is nothing more than a fun little past-time.
    This leads to a point on punishment timing. When training animals, the punishment or reward has to be immediate or the animal won't relate to the cause / effect. If the dog finally jumps through the hoop but doesn't get a bit of food or hug until the next day, week or month the learning process grinds to a halt.

    The same process works for humans. That is why people don't usually stick their fingers into live electrical outlets more than once. The pain is instant, does not come with a warning and happens every time. The shock does not consider colateral or consequential damage. You might just get a simple shock, recovering quickly or you may fall off a ladder fracturing your skull and rendering you a quadriplegic. Electricity doesn't care.

    The big training difference between humans and dogs is that we manipulate our memories with rationalizations. "I was in a hurry because it was my kid's birthday." "I'm important." "It probably won't happen." "I had to blah blah blah." And most likely "Whatever happens I'll work it out down the road, I always have. Anyway, I have insurance."

    When the punishment for an error is delayed it gives people time to rationalize why it wasn't their fault, they're not a bad person, they have an excuse etc.

    The solution is to have instant punishment for every traffic violation just like electricity. That means every time any person, us included, forgets to signal, speeds or does a rolling stop etc, they immediately get punched in the face because the violation COULD have led to a serious accident. It doesn't matter if the punch heals quickly or it leads to a blood clot and death, just like electricity. If one party doesn't care about the consequences of their actions the retaliator doesn't have to care about theirs. Is this what we want?

    As I see it the collision was due to an unsafe turn by the woman. If there had been no collision we would have been happy if she got the $60 ticket and insurance bump. Sadly the OP was in the wrong spot and it wasn't just a bent bike.

    One of the realities of life is that no justice system can guarantee us happiness with the outcome.

    Going through my head.

    1) The lack of remorse by the driver. At least show some respect to the victim by knocking off the giggles in the court.

    2) There appears to be no intent to harm by the driver, therefore the minimal fine. I assume in criminal court that there is a substantial difference in charges between merely handling a gun carelessly and handling a gun carelesly when it goes off and kills someone. No difference in intent. Why the difference from traffic court?

    3) If the driver had been hauled out into the parking lt and shot dead as punishment it would, at best, have a few weeks of contemplation by some other drivers as to their driving habits. No court judgement is going to keep you safe.

    4) I wonder what I would do if I was the careless driver and I killed or mained someone. Remorseful suicide, become a monk, become their slave, become a drunk/addict or learn from the experience and try to become a better person. If we all became morbidly depressed over hurting others the world itself would become pretty morbid.

    We hear about us getting hurt but I don't recall anyone on the forum posting their feelings about them hurting others. I guess we're perfect.

    5) I wonder why a minor rear ender gets a careless charge but this got a turn violation which sounds less important. Does it matter?

    6) We can spew venom against the driver in this case all we want. Just the laws of averages says she won't likely have another major collision but there are millions of others just like her that think it can't happen to them. Nothing the court can do will change that. Ride accordingly.

    To the OP, I hope you recover fully and have a long, happy and fulfilling life.

  5. #45
    EngineerJoe's Avatar
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    Re: Its been 1 year since the accident, court update.

    Quote Originally Posted by stevex View Post
    unfortunately the distinction between those two terms means EVERYTHING in the court of law
    Oh I know... But I have so much more respect for malice than for incompetence.

    Quote Originally Posted by ANDRASTA View Post
    The thing that really bothered me is she actually was laughing and joking about it to other people that were sitting in the courtroom stating that, I must have been going fast as when my bike hit the car, I flew off the bike. OBVIOUSLY YOU DUMB *****!! Your in a car!

    Now, I don't wish any harm on anyone but clearly this person does not get it. I actually retained a lawyer about 2 weeks after the fact and YES, her insurance has been paying for my rehabilitation ever since and I have plenty left to go, and I intend to keep going. My lawyer was quite pleased at the outcome today and due to the lack of remorse, I am suing her.
    Yup, incompetence. She just doesn't get it.... There's no point in wishing the same happens to her because she's clearly too stupid to put 2 & 2 together. She just doesn't get it...

    Kudos to you, I would have lost it in the courtroom... on her and on the JP. I would have landed myself in jail and at that point, probably called in the media (if my rant didn't get their attention already) on how a such a stupid careless act gets a light slap on the wrist, followed by ice cream and kisses to make that light slap feel better.

  6. #46
    ZX600's Avatar
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    Re: Its been 1 year since the accident, court update.

    oh dude, karma is a *****, don't wish others bad


    Everyone of us make mistakes, not excusing them as I also got hit 1 year and 3 days ago and my bike was totaled, I saw the guy in court and when he came to apologise again and shake my hand I shake his hand.

    Wishing someone death or cancer or getting raped is just wrong
    Last edited by kamikaze; 05-04-2012 at 06:04 PM. Reason: cleanup
    Quote Originally Posted by AGAVE View Post
    Paulo is protected by A.S.S.- Agave's Security Services

  7. #47

    Re: Its been 1 year since the accident, court update.

    some things i wouldn't wish on my worst enemy, well, actually a lot of things, and rape and cancer is definitely one of them...as for the driver, glad she at least got charged to show she is at fault, it makes his claims far easier, and her insurance pays out instead of his (as i understand it)...as for suing her, is that something that can only be pursued in this case when her insurance can no longer afford proper care? or is it something the rider can do regardless? what grounds would he be arguing on? just curious about that...

    good luck in your recovery, i ride in scarborough and i'm pretty much invisible to every driver here...a 10 minute ride has at least several people pulling out from entrances, cutting across several lines of traffic, and u-turns...i'm a frigging ninja at times, some are close, some are not, for now most i see coming...and it's a WTF look most the time...

    good luck with your recovery and look forward to hear what new ride you got...
    Last edited by GayManLoveIsOK; 05-04-2012 at 10:27 AM.

  8. #48
    Quote Originally Posted by ANDRASTA View Post
    Thanks for all your support guys, I really appreciate it. Engineer Joe hit it right on the head as she clearly cannot operate a motor vehicle properly.

    She stated in front of the judge that " I pulled out of the strip mall on the right and waited on the yellow line to merge. There were one or two cars and I couldn't get into the eastbound traffic." This is such a lie as the traffic eastbound was heavy and, there is no merge lane!! heh. Secondly what irritates me as she stated that If I wasn't going "so fast" I would have been able to make it around her into the other lane. I find it highly unlikely that you can easily predict someones speed accurately looking at them head on. (I was actually going the speed limit of 60km/hr.) This is where the judge actually chuckled and said, regardless even if he was going fast you shouldn't have made the turn.

    Clearly from the photos guys you can see she basically came to a standstill in my lane. Its my understanding that you should not enter an intersection unless its clear to pass.

    The thing that really bothered me is she actually was laughing and joking about it to other people that were sitting in the courtroom stating that, I must have been going fast as when my bike hit the car, I flew off the bike. OBVIOUSLY YOU DUMB *****!! Your in a car!

    Now, I don't wish any harm on anyone but clearly this person does not get it. I actually retained a lawyer about 2 weeks after the fact and YES, her insurance has been paying for my rehabilitation ever since and I have plenty left to go, and I intend to keep going. My lawyer was quite pleased at the outcome today and due to the lack of remorse, I am suing her.

    My injuries are going to be with me for life. I have lost about 15 degrees of flexibility in my left hand, my shoulder clicks constantly with some pain and I have some scar tissue in my lower back. The Shoulder can be worked on as well as the lower back but the hand is for life. I train my hands 4 times a week and my grip strength is quite high.

    At the end of the day, I can still squeeze the clutch lever
    After this post, I can definitely say I'd wish the absolute worst that life could bring to this c***.
    all my posts are serious; internet is serious business

  9. #49

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    Re: Its been 1 year since the accident, court update.

    Quote Originally Posted by stevex View Post
    The likelihood of you developing arthritis now is quite high - similiar incident happened to me and as a result of it I have zero cartillage in my shoulder and doing something I used to love most (weight training) brings me AGONY. Due to bad legal advice and simple ignorance, I never pursued the matter legally, and have to live with the consequences (every waking moment of my life is punctuated with shoulder pain that stems back to the accident)

    Take her and her insurance company for all their worth

    Best of luck
    Again, another example of poor legal advice with my own ignorance is partly why I still have lower back pain, loss of flexibility, and difficulty sleeping. Most of these symptoms were caused by an aggressive (also a local Harley rider in my neighbourhood) driver who rammed me twice through an intersection. I was at a stop, red light, they must have hit me at 60kmph+ in the first impact, hit the gas again and hit me at 40kmph+. They were fined a pittance and I never claimed any assistance because I seemed to be recovering fine for a year after. Real problems started much later.

    I encourage anyone reading this forum to be sure that you are seeking good advice and to act on it when the time comes.

    @ OP & others: This driver clearly is incompetent, but should have known better (she got her license the same way any one of us did right?). Make sure she never operates a motor vehicle or large machinery in her lifetime so that others may be safe. If she is chuckling about causing severe, life-long bodily harm to another being then the justice system is clearly a circus in her eyes. Remorseless, harmful and destructive actions are cause for punishments that properly satisfy public safety(& the principles of sentencing should be applied properly); imprisonment, ban on operative motorvehicles/heavy machinery, rehabilitation (mandatory re-training) at the very least. Financial punishment isn't enough to prevent them from causing another, or their self, harm.
    OP, do whatever it takes to get better and don't let anything get in your way of the life you want to live.

  10. #50

    Re: Its been 1 year since the accident, court update.

    another reason why i would like to see more money go towards making a license to drive, harder to get...graduated licencing is a step, but it's still too easy for people to get a license in the first place...people need to understand that it needs to be earned, not simply bought...

  11. #51

    Re: Its been 1 year since the accident, court update.

    Yea I remember your original thread about your accident last year, OP. Im glad that your making good recovery.

    It is a bloody shame that these idiotic ppl take pain and injury on others as a joke. But it is good that she got charged.

    GWS

  12. #52

    Re: Its been 1 year since the accident, court update.

    ANDRASTA - Get well soon buddy, hope to see you out riding.

    油井緋色 - Ignorance really is bliss, isn't it. If you weren't on a motorcycle site i would suggest that you were in your early teens, but since you are on this site, i will assume that you were just programmed this way. Good luck with life, Karma will catch up with you and with her.

  13. #53

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    Re: Its been 1 year since the accident, court update.

    Quote Originally Posted by Gixxer6 View Post
    Karma will catch up with you and with her.
    lol listen to yourself. he "wished" she should get raped, ok it's not something i'd say. but i get why he would say it. but he actually did not cause harm to anyone. also you said karma will catch up to her. so... if she gets raped for real, is that karma catching up to her? in this case, what makes you that much better than him?

  14. #54

    Re: Its been 1 year since the accident, court update.

    Sorry to hear about your accident and the outcome. It is quite known that anyone with a Motorcycle especially a Sport Bike will always be looked at as being at fault when in any accident even if it was not their fault. Dont ask me why but everyone I know of who has been in an accident with their motorcycle and it was the drivers fault, the driver got a slap on the wrist. I dont understand why that is...

  15. #55
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    Re: Its been 1 year since the accident, court update.

    Quote Originally Posted by Hype R View Post
    Sorry to hear about your accident and the outcome. It is quite known that anyone with a Motorcycle especially a Sport Bike will always be looked at as being at fault when in any accident even if it was not their fault. Dont ask me why but everyone I know of who has been in an accident with their motorcycle and it was the drivers fault, the driver got a slap on the wrist. I dont understand why that is...
    The law does not differentiate between type of vehicles whether it be a car vs a motorcycle or vs a truck

    Say instead of the motorcycle hitting her backside but a car would she be charged any differently? Sadly it's the outcome that is a lot different and what infuriates most riders as our lives are always at risk.

  16. #56

    Re: Its been 1 year since the accident, court update.

    Quote Originally Posted by SkyRider View Post
    lol listen to yourself. he "wished" she should get raped, ok it's not something i'd say. but i get why he would say it. but he actually did not cause harm to anyone. also you said karma will catch up to her. so... if she gets raped for real, is that karma catching up to her? in this case, what makes you that much better than him?
    Karma - action, seen as bringing upon oneself inevitable results, good or bad, either in this life or in a reincarnation

    Does not mention rape any where....
    She may herself be in an accident or be financially punished. You really need to get this old rape thing, as the be-all-end-all of punishment, out of your head.


  17. #57

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    Re: Its been 1 year since the accident, court update.

    Quote Originally Posted by Gixxer6 View Post
    Karma - action, seen as bringing upon oneself inevitable results, good or bad, either in this life or in a reincarnation

    Does not mention rape any where....
    She may herself be in an accident or be financially punished. You really need to get this old rape thing, as the be-all-end-all of punishment, out of your head.

    also doesn't mention accident or be financially punished anywhere either. and i'm not the one who brought up rape, someone else did.

    but it seems alright for you to wish her an accident? so stop making yourself sound so noble. what kind of accident? like... accidentally walking into a dark alley by herself where druggies hang out?
    Last edited by SkyRider; 05-05-2012 at 06:33 PM.

  18. #58

    Re: Its been 1 year since the accident, court update.

    I did not "wish" anything on anyone, i merely suggested that that is what her karma may represent. Its a pretty open concept, you should research it.

    It appears that you have a seemingly endless supply of "what ifs" and creativity to suit your point, so at this point i will assume that the concept i have introduced is beyond your comprehension and I will leave it at that.

    OP get well soon and as i said previously, i hope to see you out riding and in good health

  19. #59

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    Re: Its been 1 year since the accident, court update.

    Quote Originally Posted by Gixxer6 View Post
    I did not "wish" anything on anyone, i merely suggested that that is what her karma may represent. Its a pretty open concept, you should research it.

    It appears that you have a seemingly endless supply of "what ifs" and creativity to suit your point, so at this point i will assume that the concept i have introduced is beyond your comprehension and I will leave it at that.
    sure right, you did not "wish" it, but just said "Karma will catch up with you and with her" in a previous post. now you say "what may represent", a complete 180 in what you mean. English, you should study it better.

    It appears that you have seemingly endless supply of contradictions in your logic, yeah, let's leave IT at that.

  20. #60

    Re: Its been 1 year since the accident, court update.

    OP- hope you are doing better, lots of great clinics out there, if you need help finding one send me a pm.To the person that said claim more injuries than you have- this is called insurance fraud, you can be charged criminally, and go to jail. Insurance fraud is the reason our rates are soo high.(Take brampton for example..a broker told me there is the most fradulant claims in brampton in comparison to all of canada...hope your address isn't there...rates are higher) Legit claims now take 4-6 years to complete, leaving the injured party in a living hell while doctors, lawyers, insurance adjusters, and insurance companies hired "specialests" argue till they all agree.Court fees come out of what you would be awarded, and those fees add up quickly. You have to pay for witnesses transportation, and hotel if needed...You submit a claim with your insurrer, they cover the vehicle, lost wages, and injuries (at their decression, not your doctors....) They are only liable for 10 years from the date of the accident, past that you are SOL.You can then file a claim against the other driver, they try to shift some sort of fault onto you (%) to lower what they owe you. They have their own doctors they will send you to as well. There is no such thing as a unbias report no matter what they say...if the doctor writes a report they aren't happy with the insurance company no longer uses them, then the doctor looses $ ouit of their pocket.At the end of it all, whatever $ you do get is never worth the pain and suffering you are stuck with, and all the headaches you have to deal with till you close your claim.Ontario insurance sucks... I wish it was government regulated.My friend in texas pays $52/ year on his ninja....full coverage...

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