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the awful realization that you are going down....


SteveSardone

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I left Tx on Jan 25 on my way to Orlando, Fl. My wife was representing her foundation at a fundraiser and then she was putting on a 2 day conference. I decided to ride down instead of fly with her. I left to a clear 35 degree day and had 2 great days of riding to Orlando. On Feb 1 it was time to hit the road home and I jumped on the Fl turnpike and headed north to IH 10. I reached interstate 10 and headed west. I was traveling at my usual interstate speed and noticed I was catching up to a large U haul truck pulling a compact car. the truck was traveling in the inside(median) lane. I was traveling in the outside lane and continued on by the truck. As I reached about midpoint of the truck and trailer the driver attempted (I thought) to change into my lane and then went partially back into his lane as though he had seen me. I continued to pass him and as I reached the cab I looked at him and he looked at me and then he deliberately turned his truck into my lane in an attempt to hit me. Surely not you say-wait til the end of the story! I immediately headed to the right and had to go off the road into the ditch to avoid being run over by the truck or trailer. You will see in the pictures that he drove his truck and trailer off the shoulder and into the grass in an attempt to get me. As I see he appears to have broken off the atttack I attempt to steer the bike back onto the roadway. I give small inputs to go left and the bike starts to shake violently . At this time I realize I am going down and there is a guard rail up ahead which I very much did not want to hit! If you've been involved in something like this you know that things are happening very fast and recollection is probably not 100%. So I go down and I'm thinking 2 things-I've finally wrecked and this is going to hurt when I hit that guardrail. I'm not sure when things started to break off the bike but they were scattered along the whole path of travel. All 3 bags broke off and 2 of them broke apart. The funny thing is the right side bag which is the side that took the most damage is not broken! (break to collect my thoughts)

So I'm sliding in the grass toward the guardrail and the pavement and I am keeping my head up watching that guardrail! (I really didn't want to hit it!) You'll see from the pics that we(the bike and I) hit the gravel and pavement just to the left of the guardrail(yes) and slid along the gravel and pavement. At some point I separated from the bike(have no idea when) and the bike left me behind. I believe the bike contacted the guardrail and spun around due to scrape marks on the left side of the bike and how it was facing when it stopped.

 

So I come to a stop and I see the bike still moving ahead of me and then stop. I jump up and run towards the bike and a van pulls over. I run over to them and ask if they saw the truck run me off the road. They say no and I ask them to call 911 and ask to be on the lookout for the truck. 2 guys in a DOT truck who were traveling eastbound saw most of it and they turned around and stopped. they described the truck like I did-a large Uhaul pulling a very dirty brown colored compact car.

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continued.....

 

I'm going to jump ahead now and say that the driver of the truck caused four more wrecks before he attempted to hit the officers trying to stop him. You know that didn't go well for him:) He was eventually arrested and charged with aggravated assault on a LEO, reckless driving, leaving the scene, etc. He had a loaded Sig .45 in his waistband along with a briefcase full of vycodin and similar prescripton drugs also in the cab. We have been told that 5 additional charges of Agg assault will be filed if the DA will accept them.

 

here's some pics...

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trucks track going off road to get me!!

 

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looking west toward the guardrail and my final resting place :)

 

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looking back east and feared guardrail

 

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his tracks again

 

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this is the first big gouge on the pavement where the grass ended and the pavement started

 

more to come

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"looking west toward the guardrail and my final resting place"

WOW! Very glad it wasn't your final resting place. It could have been.

 

 

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I will take more pics of bike and gear. The oil leaked out as the bike was laying on its right side. It looks like a hole is ground into the right valve cover but none is visible so not sure where the oil leaked out yet. Both mirrors broken apart, most all tupperware on right side is ruined, the right handlebar is broken off and the right throttlemeister snapped off. the windshield is scraped and the front fender on the LEFT side is scraped. I think the fender must have hit the guardrail causing the bike to spin around. I was wearing my motoport kevlar pants and my son's Joe Rocket jacket because it fits over my vest and insulation better than my motoport jacket does. I also had on a pair of aerostitch elkskin gloves. I will get pics of all that later. It doesn't appear that my helmet hit the ground!! No marks on my TCX air-tech boots.

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the first officer to show up was local sheriff and he asked if I was ok and then left because the next wreck had caused injuries. this was the first good news because it meant the guy might be found. Eventually Florida Highway Patrol arrives and he does a report and tells me he is charging him with leaving the scene!! I suggest to him that attempted vehicular manslaughter might be more appropriate and he just smiled. The wrecker showed and he wanted to just drag the bike onto the flatbed which of course I told him that wasn't going to happen. So we rolled it onto the lowered bed and I strapped it down myself. We went right to a Uhaul!!! place and I rented a 10' truck and the driver backed his wrecker right up to the truck and we rolled it off and right into my rented truck. I went to the auto parts store and bought straps, strapped it down and was on my way home. About this time the little aches and pains were starting to show up. the leg I broke in 2 places back in August was hurting and my left shoulder. I found a few bruises the next morning but other wise nothing has showed up. I already talked to the ins agent and he will look at the bike tomorrow.

 

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Steve, OMG, We can't leave you alone long without you getting into trouble! I'm delighted that you came out of this relatively unscathed. Good luck with the adjuster and keep in touch.

 

 

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First, Wow! Unbelievable. You did good, no great! Glad it worked out as well as it did.

 

Eventually Florida Highway Patrol arrives and he does a report and tells me he is charging him with leaving the scene!! I suggest to him that attempted vehicular manslaughter might be more appropriate and he just smiled.

 

1. Try to get your insurance to recognize this as an intentional criminal act, not an accident on your record with them. Don't need your rates going up because of this non-accident.

 

2. The DA (or whatever they have there for a prosecuting attorney) will have more to do with deciding final charges. Start working he/she. If you need some letters written, post the contact info. You know it will happen.

 

This guy needs to be charged with some flavor of attempted murder for sure.

 

Geez. What can that man have been thinking?

 

 

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Wow!

 

Aside from your good fortune in surviving this encounter, and aside from your good judgement in wearing ATGATT, you ran into a real head case out there.

 

I wonder if it was a good thing you did crash. If you successfully avoided him, he may have started shooting :eek:

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Steve,

So very glad you're mostly OK.

Counting slowly now as I recall several similar incidents, ones I avoided, and one I didn't.

He left a tire track across my back.

Some people have a special place in hell awaiting them.

He'll get moved tothe front of the line.

Take care of yourself.

Document everything.

Document everything.

Go see doctors even if you think you're OK.

Some things (hopefully not in your case) can take a long time to manifest.

Establish communication as suggested above with the authorities.

Buy a lottery ticket.

Best wishes.

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Thanks for all the comments-please don't hesitate to post anything if you think it will help. For a split second I thought about staying in the ditch and not trying to go back on the road. In hindsight in this particular place it might have worked out better but too many obstacles normally in the ditches so i'm glad I went for the road. I have more pics of skid marks I made in the grass before getting to the pavement but I'm unable to decipher what they mean other than something was skidding along whether it was teh tires or the bike itself.

 

thanks again-glad to be posting this myself :)

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You have every right to be shook up, so allow that to come out. Get rid of that bile.

 

It's bad enough to go down without knowing that someone made it happen to you on purpose!!! Yes, write everything down, everything. He really has to be put away for a very long time. I hope you are up to the task of pushing for that.

 

Nice job riding it out and thinking as fast as you needed. You didn't panic and you made choices, within the limitations. I'm impressed with your contribution to your being here.

 

And yeah, buy a lottery ticket now.

 

 

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Glad you are safe. Hope that nut spends many years in jail. Hope the insurance company gives you a generous deposit on that new bike that is out there waiting for you.

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Steve, it looks like you came out about as good as possible with mostly just a bike broken. Have the authorities determined the motivation the the perp. Was it the drugs? Why was he in a rent truck with a car? I personally think we just need to clean up the gene pool but then I'm just old and opinionated. Glad you're ok

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Steve, glad you're OK.

 

In my experience they always try to get you too rent a U-Haul with some sort of insurance, either from your credit card, or thru them. Try to get some info about this, he was towing a vehicle, then that vehicle insurance may be attached. His credit card, if it offers insurance may be pursued.

 

Yes, the guy was doing something wrong, but don't just give up on your loss.

 

There may be a way for you to recoup some.

 

And do get yourself checked up.

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A hostile driver is one of my worst nightmares, and this guy sounds like a real loser. Glad to hear you survived more or less intact. I hope U-Haul will able to give you some relief, as it would be totally in character for a perp like this not to have insurance -- it's pretty clear the law doesn't mean much to him.

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Read about this guy in the news and saw his booking picture. He looked like a meth head and was probably using the UHaul as a mobile lab.

You are one lucky dude as are the several other folks and POs he ran off the road.

Hope he goes away for a long time.

Bill

PS - The new RTs are supposed to be in dealer showrooms in March.

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So glad you acted quickly to avoid him, he seems to have been on a mission and no doubt would have hit or run over you if given the chance.

 

It's hard enough just avoiding the 'normal' issues out there! Way to be on your game and ready for anything!

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What a nightmare!!!

 

Like the others, I'm relieved that you are able to tell the story and a surreal one it is. Nice job of self preservation. I got shaky just reading your account. I hope this guy is taken off the streets for a very long time. I suspect the chances of that went up when he tried to take a LEO out.

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GaryP_in_Dallas

Steve,

Do get checked out at the hosp or Dr. This is mandatory for later on in the legal stuff that will follow. There are also some injuries that do not show up immediately, but still need attention and could be serious.

It appears you really are blessed.

Good luck,

Gary

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Glad to hear that you made it through this, Steve.

 

I wonder if the perp saw your RT and thought you were a LEO? Of course, maybe he just didn't need any excuse to run you off the road. Some people!

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Lots of these stories never get told I would imagine, glad you are okay and here to report to us.

 

I go through imaginary getoffs all the time in my mind, but to have to actually do one at someone else's choice of place and time is the big test for sure. I plan to ride it down if possible and not try to get back on.

 

My big weakness would be to chase the guy down and try to kill him myself.

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A lot of us work really hard to keep the right side up in case of accidents. But this is NOT AN ACCIDENT, it is ATTEMPTED MANSLAUGHTER. You are lucky to be alive. I hope they get the guy.

 

An 18 wheeler trucker did that to me in PA. The situation was a little different because I was trying to split lanes to get past a 10-mile backup. But that didn't give him the right to run me off. Luckily for me, it didn't work but I wasn't able to pass him either after numerous full throttle attempts. The passing power on my RT sucks and for that one day I regretted giving up my ZX11.

 

I'm glad you are ok and do post photos of your gear. ATTGATT! :thumbsup:

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Well I went to the doctor yesterday about my shoulder and had an mri this morning. won't know if repair is needed til next week. the adjuster came out yesterday and called me today. He is not totalling the bike. He is sending me a check for $7000.00 after the deductible and another 1260.00 for my gear. This seems reasonable to me and will either do the work myself or part it out. I took more pics of the bike today and looked it over again. All the electrics still appear to work except nothing happens when I hit the starter button and the RID is not registering anything except the time. The ABS servos are whining when I have the key on and hit the brakes. EDIT-I just went to the garage and tried to start it again but this time I remembered to put it in neutral:) It started right up and I immediately shut it down due to no oil. I called the highway patrol yesterday and accident report has not been turned in yet. I have a call in to the sheriff's office and am waiting a call from them.. I still don't know if there is any insurance or if he has a drivers license. more pics to follow

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Steve,

Do not settle just yet.

Please reserve the right to have a BMW dealer give you an estimate.

The figure may turn out to be fair, but I've seen the number get really bi on BMW's that looked better than yours does.

Just because it starts doesn't mean you have no internal damages.

Not trying to be a party pooper but if you find hidden damages, or need major engine work, you'll need more than that.

Also, I'd ask why it wasn't totalled?

He may have a figure, like 80%, that it needs too reach before a total is declared.

Did his nember come from a detailed estimate?

Probably not.

You need one that includes every nut and bot, every washer, etc

BTDT and just hoping you're getting the service you deserve.

Best wishes.

 

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Tim,

 

thanks for the advice. I haven't signed anything. I did discuss with him about undiscovered damage and of course he said that will be no problem. He did the estimate himself right on his laptop and had a preliminary figure before he left my house. I asked him if accepting the checks would be closing out the deal and he said no. I will make sure that I'm not limiting my recovery by depositing the checks. I didn't ask him about getting an estimate at a dealership. His figure is 70% of value before thay total so he appears to be valueing it at the upper end.

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I would never ever consider a repair estimate from a insurance adjuster without having a detailed estimate from a dealer.

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Dennis Andress

Adjusters want to settle the claim as soon as possible. There are a lot of costs, mechanical and medical, that will come up the longer you wait. Don't accept a check or any other settlement without getting a third party to look at your bike, and a doctor to check you out. (A few physical therapy sessions would be a great reason to hold off on a settlement...)

 

Dennis

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And even though you don't see damage on the lid chuck it in the trash! One crash per lid is a good rule as the liner may be comprimised.

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I am so glad to hear you are relatively ok. The human species never ceases to amaze me. Why would a person just randomly choose to harm you for no reason. There are some sick people in this world. Just because he was a druggie is no excuse.

 

I talked to my wife (an insurance adjuster for 20 years) and she agreed do not accept any check period, until you are 100% satisfied. Like Paul said, let a dealer run an estimate on it. Even though the bike started, there are a lot of unknowns that you are due to have checked out professionally.

 

I estimate the bike is worth approx $10k so you let a BMW dealer make you an offer on the bike like it is (let's say $1500) and that is what you can buy it back from the insurance company for so you would get $8500 if you want to keep and rebuild the bike. DO NOT SETTLE FOR LESS THAN YOU ARE DUE! That amount is totally seperate from any other expenses you are due for gear and medical bills. And for sure get a new helmet out of the deal. Also, your U-Haul rental(and possibly gas) and all expenses incurred because of this idiot should be reimbursed in full before you sign on the dotted line.

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