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Discussion Starter #1
So I was in an accident last year commuting to work here in Southern California. Typical slow and go traffic. I'm travelling along in the #2 lane at about 40 mph. Car in the #1 lane travelling about 20 mph changes lanes into my #2 lane. I could avoid the car and collided, taking off the passenger mirror. CHP is on the scene, takes the report. 10 days later when the report was issued my jaw hits the ground when I'm found at fault for causing the accident. CHP officer states my speed was unsafe for conditions.

I'm on a 4 lane in each direction highway with a 65 mph speed limit. I was in my own lane. I've tried to fight this report going to sgt and the LT to no avail.

1, does anyone else find this B.S. and 2, any suggestions.
 

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1. Yes, it is BS.

2. Hire a good lawyer. They should be able to take apart the method of determining speed without a radar gun, and show that the cop is prejudiced against bikers.

3. Know that you can still lose in court, if the judge is an asshole.
 

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Too many variables not given (did the car have turn signal on, was the car ahead of you, was traffic in such condition that one could expect the car to change lanes, what was traffic in your lane doing and how congested, etc, etc) so yes I can validity in the officers judgement.

The only way I could call it the cars fault without a doubt is if the two of you were traveling neck and neck next to each other and the car just merged into your bike/lane but then your speeds would have to have been equal.

What you can do is hire a lawyer and basically pay to fight it.

Also this happened last year and NOW you want to do something about it???
 

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1. Yes, it is BS.

2. Hire a good lawyer. They should be able to take apart the method of determining speed without a radar gun, and show that the cop is prejudiced against bikers.

3. Know that you can still lose in court, if the judge is an asshole.
this happened last year>?
you might loose in the first hearing, because that particular magistrate is local with that particular LEO , and they see each other frequently, that's how they both make a living...

you can appeal to a county court after the first rodeo goes badly.

at the appeal it will be a higher up decision maker, that isn't familiar with the LEO that cited you.
 

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First of all glad you are ok.

Sad that you could not avoid the accident but it sounded like a bit of inexpirience? I had drivers flat out try to knock me out of the bike and they have failed out of quick evasive maneuvers.

I was not there so I don't know what your options were and if you had a chance but...

Like everyone else said, hire a lawyer and see,
 

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Discussion Starter #6 (Edited)
Too many variables not given (did the car have turn signal on, was the car ahead of you, was traffic in such condition that one could expect the car to change lanes, what was traffic in your lane doing and how congested, etc, etc) so yes I can validity in the officers judgement.

The only way I could call it the cars fault without a doubt is if the two of you were traveling neck and neck next to each other and the car just merged into your bike/lane but then your speeds would have to have been equal.

What you can do is hire a lawyer and basically pay to fight it.

Also this happened last year and NOW you want to do something about it???
I was riding in the left portion of my lane (lane 2). Lane 2 traffic conditions was moving faster approx 40 mph, the speed at which i was travelling. Lane 1 was similar for a while but slowed to about 20 mph. The car ahead of me in lane 2 was some distance away (at least 4 - 5 car lengths). I did not notice a turn signal. But driver claims to CHP officer she signaled looked over her shoulder for clearing and proceeded to change lanes. I was next to her rear quarter panel when she started the lane change. I ultimately took out her passenger mirror. Point of impact was passenger door. Just because someone signals a lane change doesn't automatically give them to right to.

My insurance company denied the driver's claim and found me not at fault regardless of the CHP report. The insurance companies go to arbitration and a year later, finds me at fault. This is B.S.

By the way. Driver's father is retired LE. He was on the scene speaking with the CHP officer. He was call out after the accident. He was not a witness nor a party to the accident. (kinda sucks huh......)

From now on I ride with a camera to avoid the he said she said nonsense. But this is total BS. I'm out of pocket medical, towing etc.

Most lawyers don't want to touch this being the CHP report found me at fault.
 

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As said before, I'm really glad you are ok. a cam wouldn't have helped, or maybe a little, b/c you would have had to turn and filmed the jackass coming into your lane.

But having a cam is better than none at all.

Keeping fighting it. that's what the system is for.
 

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Yep, sounds like conflict of interest/foul play/favors that they got her father there and let him say anything at all just because he used to be LE.
 

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Unless you can appeal it out of the local system like said, and that is your only hope, you probably wont get out of it.

You did screw up a little with how you worded what happened though. The woman cut you off plane and simple, you should have been using the phrase "cut me off" from the start instead of "merged in front of me". Maybe if you get it bumped out of the local system and find a way to emphasize the cutting you off fact without it sounding like you are changing your story then maybe you will have a chance.
 
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