Hi, my name is Tim and my state is California. Here is my situation.
I was involve in an motorcycle accident. This is what I believe happened. I was splitting the 4/5 lane (the two right lane) when the other vehicle attempted to change lane infront of me. He only grazed my front tire but it was enough to cause my bike to swing around and throw me about 7-10 feet in front of his car. The area of impact was the right of my front tire and the left rear quarter of his truck. The lane the truck was in was an exit only lane. My speed was approx. 30 mph. I honestly don't know my exact speed, but I do not believe its far from 30. I heard the other party tell the CHP officer they were going about 20 mph. Speeds could not be that fast because we were on the 10 east right before the 605 @ 5:40pm, The freeway is near stop and go at this time. Here are some pictures of the accident. The photos of the bike on the freeway were taken by me immediately after the accident.
http://picasaweb.google.com/trulynutso/Accident
My problem is that the police report is not in my favor. Under cause they put I'm at fault because i was driving in violation of section 22350 cvc - unsafe speed. The summary in the police report is: P1 was driving V1 (the truck) eastbound I-10 east of baldwin ave in the #5 lane at approximately 40 mph in stop and go traffic. P-2 was driving V-1 (me) east bound I-10 east of baldwin ave in the #5 lane while splitting traffic at an approximate speed greater than 40mph to the left rear of V1. P2 attempted to unsafely pass V1 on the left side while V1 was still occupying the #5 lane. Consequently the front tire of v2 collided with the left rear of v1. After the collision both p1 and p2 merged their vehicles to the right shoulder and exchanged information.
The CHP didn't not see where the truck stop like in the photos. Also in the statement he has the other party's statement going 40 mph when I heard them tell the police they were not going faster than 20. Also in the other party statement he said it was cleared and they began merging from the 5 to the 4 lane. Under my statement he put me going 35mph and under lighting he put daylight when it was dark. The other party said they used their turn signals, but I am a newbie rider and I would have notice turn signals. If he did used the turnsignals, he must have just flicked it and turned his car at the same time.
Any advise would be greatly appreciated. RIght now I'm stuck with an ER room bill and lawyer just turn me away once they see the cause in the police report. I will also upload the last pages of the police report that includes the statements, summary, and cause to the link above. Once again, any help would be greatly appreciated. Thank you.What is the name of your state?
I was involve in an motorcycle accident. This is what I believe happened. I was splitting the 4/5 lane (the two right lane) when the other vehicle attempted to change lane infront of me. He only grazed my front tire but it was enough to cause my bike to swing around and throw me about 7-10 feet in front of his car. The area of impact was the right of my front tire and the left rear quarter of his truck. The lane the truck was in was an exit only lane. My speed was approx. 30 mph. I honestly don't know my exact speed, but I do not believe its far from 30. I heard the other party tell the CHP officer they were going about 20 mph. Speeds could not be that fast because we were on the 10 east right before the 605 @ 5:40pm, The freeway is near stop and go at this time. Here are some pictures of the accident. The photos of the bike on the freeway were taken by me immediately after the accident.
http://picasaweb.google.com/trulynutso/Accident
My problem is that the police report is not in my favor. Under cause they put I'm at fault because i was driving in violation of section 22350 cvc - unsafe speed. The summary in the police report is: P1 was driving V1 (the truck) eastbound I-10 east of baldwin ave in the #5 lane at approximately 40 mph in stop and go traffic. P-2 was driving V-1 (me) east bound I-10 east of baldwin ave in the #5 lane while splitting traffic at an approximate speed greater than 40mph to the left rear of V1. P2 attempted to unsafely pass V1 on the left side while V1 was still occupying the #5 lane. Consequently the front tire of v2 collided with the left rear of v1. After the collision both p1 and p2 merged their vehicles to the right shoulder and exchanged information.
The CHP didn't not see where the truck stop like in the photos. Also in the statement he has the other party's statement going 40 mph when I heard them tell the police they were not going faster than 20. Also in the other party statement he said it was cleared and they began merging from the 5 to the 4 lane. Under my statement he put me going 35mph and under lighting he put daylight when it was dark. The other party said they used their turn signals, but I am a newbie rider and I would have notice turn signals. If he did used the turnsignals, he must have just flicked it and turned his car at the same time.
Any advise would be greatly appreciated. RIght now I'm stuck with an ER room bill and lawyer just turn me away once they see the cause in the police report. I will also upload the last pages of the police report that includes the statements, summary, and cause to the link above. Once again, any help would be greatly appreciated. Thank you.What is the name of your state?