I've been told Vlad doesn't have any recollection of the accident.
rant starts here...
HOWEVER - regardless of his situation, imho and fwiw, it was
A. a rear-ender
B. no matter WHAT happens on the road ahead, if you hit someone/something it's your fault - you should be driving in such a way that no matter what happens ahead, you can stop in time. Period. If I have a massive blowout and crash on the freeway, it would be nice to know that the person behind was following at a distance that would allow him to stop safely and NOT run over me. If he did run over me, whose fault is it? Surely not mine!
So no matter whether Vlad was stopped or riding slowly, if he was rear-ended, in my opinion he's not at fault.
Of course the number of mass pileups on the freeway is evidence that people DON'T drive that way, but of course they should be at fault for rear-ending.
OTOH, the standard "it's not my fault because he was doing something he shouldn't have" legal bs and our modern "inability to take responsibility for our own actions and the lawyers delight in that" is probably at play here.
/rant.
I suspect that in the end the problem was that his bike wasn't capable of legal speeds, therefore he shouldn't have been there, and is therefore at least partly at fault. So it ended up a wash.
I'm sure he has been advised adequately, and got nowhere.
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Grant Johnson
Seek, and ye shall find.
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One world, Two wheels.
www.HorizonsUnlimited.com
[This message has been edited by Grant Johnson (edited 27 February 2004).]