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  1. #1
    Join Date
    Aug 2008
    Posts
    1

    Default Parking Lot, Motorcycle Wrecked Himself

    My question involves a traffic accident in the State of: Texas

    Diagram for reference:


    This incident occurred about 45 minutes ago, so I am writing this while it is still fresh in my mind.

    My boyfriend and I were in a Blockbuster parking lot. A motorcycle came in going very fast, about 30 mph. My boyfriend saw him entering and stopped immediately, having moved forward about half a foot. The motorcyclist panicked and tipped his bike over. My boyfriend and I pulled the handles on our car doors to open them and see if the man was alright, but as soon as he hit the ground he turned the bike off and jumped up. He ran to my boyfriend's open window and began screaming profanities at him while flailing his arms around.

    The last thing he said to him was, ”Don't you know not to go when a motorcycle pulls in front of you?!”. My boyfriend replied with, “I do, sir...” but the motorcyclist turned and walked away angrily, yelling ”****ing bitch!” This made me mad so I yelled at the motorcyclist, who, upon hearing me yell, turned around and started running back at our car, wielding his helmet over his head. He tried to hit my boyfriend with his helmet, but my boyfriend drove off and out of the parking lot.

    My questions are:

    Are we at fault in any way for the accident? I think the cyclist caused it himself, he panicked and reacted in such an insane way afterwards that it is obvious to me that he is the type of person to freak out. He was not injured in the least, being able to jump up, run at us, and even try to attack us.

    Second, what is the speed limit in parking lots? We didn't see the guy until he pulled in to the parking area.

    Third, are we at fault for pulling away from the accident? There was no way to resolve the issue. The bike didn't seem to have damage and the guy was not injured. He would not let us get a word in edgewise. He was threatening us so we couldn't get out of the car. Furthermore, he tried to attack us, so were we obligated to stay there?

    Lastly, do you think that Blockbuster is the type of place to have video cameras monitoring the parking lot (it was close to the store entrance)? This would help us out in case the guy got our license plate number and tries to take us to court.

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Parking Lot, Motorcycle Wrecked Himself

    Are we at fault in any way for the accident?
    I don't see how you could be. You didn't hit him, after all, and from the sounds of it you were plenty far away from him.

    Second, what is the speed limit in parking lots?
    Depends on the parking lot. They're usually private property.

    Third, are we at fault for pulling away from the accident?
    My gut says no, because you didn't even come close to hitting him. If I go ass over teakettle on my bike because I saw someone move a little in a parking lot, I'd consider it my own fool fault for not being able to control my ride. You may want to consult an attorney, though.

    Lastly, do you think that Blockbuster is the type of place to have video cameras monitoring the parking lot (it was close to the store entrance)?
    Depends on the location. The BB in my neighborhood doesn't have parking lot cameras, but the ones downtown all do. Check with that location.

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