02-09-2026, 02:04 AM
(02-09-2026, 12:30 AM)dave Wrote: I thought I would share my story about a friend of mine who was involved in a similar accident about 20 years ago on his Harley. He was going very slowly through a shopping center parking lot when a car pulled out in front of him. He slammed on the brakes, lost control, and had a gentle tip over. He never came into contact with the car. The damage was minor, just scratches to his bags and fairing. The car owner stopped, and when they talked, the car owner insisted that he was not liable because "no contact was made". My friend took the guy to court to pay for the damages, but the judge ruled against him. I don't remember exactly how the judge reached his conclusion, but my friend was pretty upset. Maybe it would have been different if he had run into the car?
That's a tough one. A motorcylist knows that he wouldn't have gone down if it hadn't been for the driver pulling out in front of him, so it feels as if the other driver is at fault. Yet if the same thing happens between two cars and no contact is made, there is no issue because the car doesn't "go down". The two drivers may exchange some words, but that's about it. An inherent risk to mc riding is just that--we can go down where a car stays "upright".