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  1. #1
    Join Date
    Aug 2008

    How to fight a police report?

    What is the name of your state (only U.S. law)? CA

    While bicycling, a truck pulled in front of me. According to my GPS, I had .34 seconds (less than half a second) between the time I started slowing down to the time of impact. I had two broken wrists and a scratch on my leg that required stitches. When I got the police report, it said it was my fault!!! How can this be??? I was driving straight, following the rules of the road, while the truck made an unsafe turn. He didn't even see me until he heard me crash into his truck. When I saw the truck, I immediately braked and there wasn't much else I could do. His insurance just left a message and I'm afraid to call them back for fear of being sued! What can I do?

  2. #2
    Join Date
    Jul 2007
    You need an attorney immediately - a personal injury attorney who has experience in bicycle cases.

    There is a great deal of prejudice against bicyclists (unfortunately brought on in large part by cyclists who regularly flout the rules of the road) and insurance companies know that they are likely to win a liability dispute because almost everyone (including police officers) automatically assumes that the cyclist is at fault.

    Do not speak to the truck driver's insurance carrier. Get a PI attorney. Make sure he or she has handled auto v. bike cases before (and prevailed for the client). Good luck!

  3. #3
    What did the report say?

    The insurance company already knows your name, number, and address so they can send you subrogation papers even if you dont call them.

  4. #4
    Join Date
    Feb 2006
    Philadelphia, PA
    I agree with LAS. Hire a lawyer right away (as soon as you find one worthy).

  5. #5
    Join Date
    Feb 2005
    Elgin, IL USA
    Were you going in the direction of traffic or against traffic (the wrong way)? Did the truck pull out from a stop sign or driveway, a parking spot, or what? I don't see how you could be found at fault if you were going in the proper direction and the truck failed to yield, but there is insufficient data to make a judgment.

  6. #6
    Join Date
    Aug 2008
    I was riding on the right side of the road (with traffic). The truck was in the oncoming direction, and made a left turn in front of me. It was at a stoplight intersection.

    Thanks for the advice, everyone!

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