Motorcycle Accident in Milwaukee

Well, here's what happened.

was on my cycle following a car about 25 feet behind her for at least 1/4 of a mile, car decides to pull into parking lane and stop. I start to slow down, then I decide to pass her, because my lane is now open. This is on a 2 way residental street, w/ parking lanes on both sides. As I pass her she pulls across my lane of traffic, the on coming lane of traffic and trys to pull into her driveway on other side of street. As she is doing this, she leaves me no where to go but stay with her on the side of her car, when she is 90 degrees my bike and her car meet about where the front fender and drivers side door are on her car. The police show up and give me a ticket for following too close. The way the police report shows it is that I went into the oncoming traffic lane to pass her, but thats not what happened! DO I have a case? do they have a case?

I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

Sounds as if she did an illegal lane change. Were you in a bike path but had to move out of the way to pass her. Generally speaking, pedestrians have the right of way and people on bicycles must adhere to the same safe driving rules as drivers.

Now, it sounds as if you attempted to prevent the accident. Did she have a blinker on? Could you have just stopped and waited for her to do what she had to do on the left or right hand of the street?

In Wisconsin, you will find a couple of sites below to help you.

[url]http://www.bfw.org/[/url]

[url]http://www.legis.state.wi.us/rsb/Statutes.html[/url]

84.02(4)(f)
(f) The department shall adopt a manual establishing a uniform system of signs, signals, markings and devices for the purpose of regulating, warning or guiding bicycle traffic on highways, streets and bikeways, as defined in s. 84.60 (1) (a). The system, shall be consistent with and shall conform to the system established under par. (e).

85.07(4)
(4) Bicycle rules. The department shall publish literature setting forth the state rules governing bicycles and their operation and shall distribute and make such literature available without charge to local enforcement agencies, safety organizations, and schools and to any other person upon request.


(5e) "Bicycle lane" means that portion of a roadway set aside by the governing body of any city, town, village or county for the exclusive use of bicycles or other modes of travel where permitted under s. 349.23 (2) (a), and so designated by appropriate signs and markings.


340.01(5m)
(5m) "Bike route" means any bicycle lane, bicycle way or highway which has been duly designated by the governing body of any city, town, village or county and which is identified by appropriate signs and markings.

340.01(5s)
(5s) "Bicycle way" means any path or sidewalk or portion thereof designated for the use of bicycles by the governing body of any city, town, village or county.

Sounds as if she did an illegal lane change. Were you in a bike path but had to move out of the way to pass her. Generally speaking, pedestrians have the right of way and people on bicycles must adhere to the same safe driving rules as drivers.

Now, it sounds as if you attempted to prevent the accident. Did she have a blinker on? Could you have just stopped and waited for her to do what she had to do on the left or right hand of the street?

Yes, She did do an illegal lane change, I was not on a bicycle Iwas on a motorcycle!! a 1997 CBR F3 600. I did attempt to prevent the accident by trying to get out of the way. No I couldn't stop, I was trying to pass her ( I was speeding up as she was turning into me)