What Ya Gonna Do When A Cager Tailgates Your Motorcycle

Some people are just born tailgaiters it seems. A problem for car drivers being tailgated , but when a biker is tailgated, it's even more worrisome, how about downright nerve racking and scarry. So what can you do about it?

The Ohio motorcycle operator manual has this to say:

Speeding up to loose someone following too closely only ends up with someone tailgaiting you at a higher speed. A better way to handle tailgaters is to get them in front of you. When someone is following too closely, change lanes and let them pass. If you can't do this, slow down and open up extra space ahead of you to allow room for both of you and the tailgater to stop. This will also encourage them to pass. If they don't pass, you will have given yourself and the tailgater more time and space to react in case an emergency does develop.

The suggested solution of slowing down doesn't seem to me you to solve the problem of getting the cager from behind you to a position in front of you. So i'd like to share a solution I've cut and pasted from a dynamite biker law blog.

What follows is a solution from the blog of Norman Gregory Fernandez, a real life biker and lawyer from California.


The first thing that every motorcycle rider knows or should know, is that no matter how big, tough, muscle bound, and bad assed you are, grandma driving her 1980 Buick can easily take you out with just a slight press of the gas pedal or a flick of her wrist on the steering wheel. This also goes for the 16 year old school girl on her cell phone. If you do not know this fact, than you should not be riding a motorcycle. The bottom line is that any time there is a situation where a car meets a motorcycle in an accident, the car will always win. This fact should be self evident.
Your goal as a biker and a motorcycle rider is to avoid impacts with cars at all cost, even if your ego is bruised, and even if you have to give way.

If you are being tailgated by a car, the first thing that you should do is to put your turn signal on, switch lanes, and get the hell out of the way as fast as reasonably possible. This is not rocket science, this is common sense. When the car passes, you just let it go. I will talk about this more later.

If you are on a one lane road, I suggest putting on a right turn signal, and then tapping your breaks to get the cars attention. In some cases this will cause the car to back off if they are simply not paying attention while driving. If it is an intentional tailgater behind you, this maneuver hopefully will not piss them off because they will see that you are trying to get off of the road, and they will back off and give you time to pull over to let them pass. You should then try to pull off of the road at a place where is safe to do so and let the car pass. When the car passes, you just let it go. I will talk about this more later.

Remember, I am talking about life threatening tailgating here, and not simply a car that is a safe distance behind you.

The reason why you want to get out of the way, and let a tailgater pass you is obvious; it is to avoid being rear ended if you are forced to stop or slow down suddenly; if you have a mechanical problem which causes you to slow down suddenly; if you have to switch to your reserve tank if you run out of gas on the main tank, etc. There are voluminous reasons that could cause you to have to slow down suddenly, and your job is to not get hit by the tailgater so you can go home and ride another day.

With respect to the legal ramifications of letting a tailgater pass, there are numerous reasons why it is better to let them pass, and let it go. The number one reason is that you do not want to end up in the hospital or lose your life, just to prove a point that you own the lane and have the right of way. Your job is to ride your motorcycle, and to not get jacked up in the process, so that you can live to ride another day!

Car v. Motorcycle injury accident cases are not pretty, and you sure don’t want to be the victim in such a scenario just to prove a point.

With respect to the options of throwing ball bearings, hitting the other car with a gauntlet, or chasing them down and beating them up, come on; you will either go to jail, or get hit by the cager who is now the victim of an assault and battery or attempted murder. Why would you want to do something so stupid? Do you really want to either give up your life, or your freedom, for some idiot cager who was tailgating you? No way! Chasing a tailgater could also result in an accident where an innocent victim is hurt or killed in an accident. Is it worth it? No! In the above scenario, you now become a criminal and not a victim. I am not willing to give up one day in jail for a stupid tailgater.

With respect to flipping the cager off, why would you want to potentially provoke an incident where the cager in a road rage, decides to take you out with their car on a spur of the moment impulse, or even worse, pull a gun and shoot your ass. It happens! Remember; car v. motorcycle = motorcycle loses. Let your ego go, and just enjoy your motorcycle ride.

With respect to the turning your head to get their attention and/or stare them down option; what if there is something in the road ahead of you? Imagine turning your head back around to discover the horrible scenario of stopped traffic in front of you, or an obstacle in the road ahead of you that you cannot avoid. It takes much more room for a motorcycle to stop than a car. We only have two wheels on a motorcycle. Turning your head would be a stupid thing to do. When you turn your head all the way around on a motorcycle you are putting yourself in extreme danger. This is not recommended because there is a significant chance that you will end up becoming an accident victim. You could also provoke a road rage incident with the tailgater. This is all common sense folks.

With respect to the throwing pink confetti option; come on, you could potentially get dinged for a 2 thousand dollar littering fine, or worse, a criminal charge for assault and battery on the tailgater. You could even provoke the tailgater into hitting you in a road rage incident.

Remember, the tailgater is either not paying attention, or intentionally tailgating you, and is in a rush to get to where they are going. In either case, your best move is to get the hell out of the way as fast and safely as possible, and to let the incident go. This way you are safe, and not yourself facing criminal charges for doing something stupid.

If you are riding your motorcycle and you yourself experience road rage, pull off of the side of the road, take a deep breath, and chill out. Road rage and riding your motorcycle are not compatible! You already have enough problems just riding your motorcycle on the road. The last thing you want to do is to have anger cloud your judgment.

If you are really upset and pissed off try saying this prayer to yourself:

“God, grant me the serenity to accept the things I cannot change, the courage to change the things that I can, and the wisdom to know the difference.”

This prayer works for me everytime!

By Norman Gregory Fernandez, Esq., © 2007

You can read more of Norm's excellent down to earth writings at

www.bikerlawblog.com





Anthony Castelli motorcycle attorney www.castellilaw.com/motorcycle-accidents.html

Eleven Top Reasons For Hiring A Motorcycle Accident Attorney

 

July 18, 2007


The decision to hire an attorney should not be taken likely. This article is intended to give you the ten top reasons to hire a motorcycle accident injury attorney if you are injured in a motorcycle accident.


1. By hiring an experienced motorcycle attorney, especially a lawyer that is a biker, will help the rappport and confidence level you feel about an attorney. Face it, most people want help from someone that they have a common bond with. Someone they feel comfortable talking to.

2. A lawyers that has ridden motorcycles is likely to understand the aspect of how you manuevered your bike and why even with the best riding you could not have avoided the accident.

3. A biker attorney is not going to criticize you for not wearing a helmet if the law does not require it. In fact he can mount defenses for you when the insurance company tries to lowball you because you were not wearing a helmet

4. A good lawyer brings with him a multitude of skills and a depth of knowledge. He's likely dealt with hundreds, if not thousands of personal injury cases and therefore what needs to be done. A lawyer has experience in gathering evidence and negotiating with insurance companies. He will advise you on how much you can expect to get for your settlement (you probably have no idea, do you?). Knowing what your case is worth is essential to negotiating.

5 Your motorcycle injury lawyer will do all the legwork involved in gathering evidence for your case (obtaining medical records, doctor's notes and narratives, police reports, etc.).

6.Your personal injury lawyer will also negotiate with the insurance company. If you don't know how to play the negotiating game then you'll get eaten alive by the adjuster (the person working for the insurance company trying to get you to take the lowest settlement possible). The lawyer will have tons of experience negotiating and will not be intimidated by the adjuster. He knows how to handle them.

7. A good lawyer takes the time to explain the process to you so you will know what to expect.

8. A good motorcycle attorney will advise you on what you should or should not do as you injury unwinds.

9. A good biker attorney will advance expenses of litigation so your case can be fully prepared.

10. A real motorcycle attorney will be willing to file suit and go to trial if necessary so you don't have to take their lowball offer. The truth is you surely would not want to try your own case. If you try negotiating by yourself, what incentive does the insurance company have to pay you a fair dollar when they know that you pretty much have to take what they offer since you are in no position to try your own case.

11. By hiring a motorcycle lawyer you have time to take care of your injuries and attend to your daily activities , secure in the fact that you have a motorcycle attorney fighting your battle and leveling the playing field.

Cincinnati Motorcycle Attorney Presents Nine Safety Items Car Drivers Should Know About Motocyclists

Nine Things All Car Drivers Should Know About Motorcyclists

1. Some drivers don't "recognize" a motorcycle; they ignore it (usually unintentionally). Look for motorcycles, especially when checking traffic at an intersection.

2. Because of its small size, a motorcycle may look farther away than it is. It may also be difficult to judge a motorcycle’s speed. When checking traffic to turn at an intersection or into (or out of) a driveway, predict a motorcycle is closer than it looks.

3. Because of its small size, a motorcycle can be easily hidden in a car’s blind spots (door/roof pillars) or masked by objects or backgrounds outside a car (bushes, fences, bridges, etc). Take an extra moment to thoroughly check traffic, whether you're changing lanes or turning at intersections.

4. Because of its small size a motorcycle may seem to be moving faster than it really is. Don't assume all motorcyclists are speed demons.

5. Motorcyclists often slow by downshifting or merely rolling off the throttle, thus not activating the brake light. Allow more following distance, say 3 or 4 seconds. At intersections, predict a motorcyclist may slow down without visual warning.

6. Turn signals on a motorcycle usually are not self-canceling, thus some riders, (especially beginners) sometimes forget to turn them off after a turn or lane change. Make sure a motorcycle's signal is for real. ( Even for cars, never ever assume that a driver is going to turn into the street you are pulling out from. The turn signal may be meant for a turn down the road . So don't pull out in front of an oncoming vehicle based on he assumption its going to turn into the street you are waiting to pull out from)

7. Motorcyclists often adjust position within a lane to be seen more easily and to minimize the effects of road debris, passing vehicles, and wind. Understand that motorcyclists adjust lane position for a purpose, not to be reckless or show off or to allow you to share the lane with them.

8. Maneuverability is one of a motorcycle's better characteristics, especially at slower speeds and with good road conditions, but don't expect a motorcyclist to always be able to dodge out of the way.

9. Stopping distance for motorcycles is nearly the same as for cars, but slippery pavement makes stopping quickly difficult. Allow more following distance behind a motorcycle because it can't always stop "on a dime."

Remember, its not just a motorcycle, its a person.

14 Tips for Motorcycle Passenger Safety

Cincinnati Motorcycle Attorney Gives 14 tips For Motorcycle Passenger Safety

Riding with a passenger changes the characteristics of riding a motorcycle. Here are 14 tips to help you be a safe operator with a passenger on board.


General Safety Considerations
1. You need to be experienced in the motorcycle’s operation and have a safety-oriented attitude before taking on the added responsibility of carrying a passenger.
2. Practice low-speed clutch/throttle control as well as normal and emergency braking in a low-risk area like an open parking lot, with a passenger.
3. Use caution in cornering and develop cornering skills over time to ensure passenger comfort and safety.
4. Use caution in corners as clearance may be affected.
5. Use a Search, Evaluate, Execute (S.E.E.) strategy to increase time and space safety margins.
6. Allow time for a passenger to adjust to the sense of speed and the sensation of leaning; speeds should conservatively safe and reasonable until a passenger acclimates to the proper riding techniques.
7. Ensure passengers follow safety procedures:
a. Complete personal protective gear is properly in use.
b. Hold operator’s waist or hips, or motorcycle’s passenger hand-holds provided.
c. Keep feet on footrests at all times, including while stopped.
d. Keep hands and feet away from hot or moving parts.
e. When in a corner, look over the operator’s shoulder in the direction of the corner.
f. Avoid turning around or making sudden moves that might affect operation.
g. If crossing an obstacle, stand on the pegs with the knees slightly bent and allow the legs to absorb the shock upon impact.
8. Allow more time for passing.
9. Be ready to counter the effects of wind.
10. Avoid extreme speeds and dramatic lean angles.
11. Be ready for a passenger “bump” with their helmet when stopping quickly.
12. Start the motorcycle before the passenger mounts.
13. Have the passenger mount after the motorcycle’s stand is raised and the motorcycle is securely braced.
14. Annually complete an ERC Skills Plus RiderCourseSM with a passenger.