What is the name of your state? Colorado
In late August, I was riding my motorcycle on a deserted country road (Sweet Road) to the Air Force Academy to pickup medication. Approximately 5 miles from home I had a one vehicle accident. I broke 5 ribs, suffered a dislocated shoulder, skier's thumb, and a stage-3 concussion.
I have a 1-second video clip in my head of the accident. That clip has me fighting for control of the bike with both hands and the front end wobbling (likely loose head bearings but the insurance company didn't want to have it checked out). There is a skid mark that starts just inside my lane next to the yellow center line and moves to the outside of my lane before going off into a ditch (about 30-40').
While I was in the hospital, the officer came and cited me for "failed to drive in designated lane (42-4-1007(1)(c)". There were no witnesses to the accident and no other vehicles on the road. A driver who later came passing by saw my hi-viz yellow Aerostitch Darien jacket and stopped. He called 911 and my wife.
I went to court yesterday and refused to plea bargain this down - I want to see the evidence. I'm assuming the officer took pictures and is using the skid mark to validate the offense. My argument is they don't know what happened (neither do I). An animal could have darted into my path and, after seeing no traffic coming (I would have known this well before the accident) swerved into the other lane to avoid hitting the animal. On the other hand, looking at the skid mark that starts in my lane, the bike might never have left my lane. Since there's only one skid mark, only one tire was locked. Since my hands were busy trying to bring the bike under control it's not likely that the front brakes were used, only the rear. Thus, the bike could have ridden on the inside of my lane (2-lane country road, 55 speed limit), swerved back to the right then left with the skid beginning just after the first swerve. These are two possibilities.
My question is this - without witnesses, no traffic, and the possibility that the action I took (if I went into the other, vacant, lane) could have been an evasive maneuver does this citation make sense? And if so, how should I proceed?
Thanks,
Nick.
Elbert, Colorado
In late August, I was riding my motorcycle on a deserted country road (Sweet Road) to the Air Force Academy to pickup medication. Approximately 5 miles from home I had a one vehicle accident. I broke 5 ribs, suffered a dislocated shoulder, skier's thumb, and a stage-3 concussion.
I have a 1-second video clip in my head of the accident. That clip has me fighting for control of the bike with both hands and the front end wobbling (likely loose head bearings but the insurance company didn't want to have it checked out). There is a skid mark that starts just inside my lane next to the yellow center line and moves to the outside of my lane before going off into a ditch (about 30-40').
While I was in the hospital, the officer came and cited me for "failed to drive in designated lane (42-4-1007(1)(c)". There were no witnesses to the accident and no other vehicles on the road. A driver who later came passing by saw my hi-viz yellow Aerostitch Darien jacket and stopped. He called 911 and my wife.
I went to court yesterday and refused to plea bargain this down - I want to see the evidence. I'm assuming the officer took pictures and is using the skid mark to validate the offense. My argument is they don't know what happened (neither do I). An animal could have darted into my path and, after seeing no traffic coming (I would have known this well before the accident) swerved into the other lane to avoid hitting the animal. On the other hand, looking at the skid mark that starts in my lane, the bike might never have left my lane. Since there's only one skid mark, only one tire was locked. Since my hands were busy trying to bring the bike under control it's not likely that the front brakes were used, only the rear. Thus, the bike could have ridden on the inside of my lane (2-lane country road, 55 speed limit), swerved back to the right then left with the skid beginning just after the first swerve. These are two possibilities.
My question is this - without witnesses, no traffic, and the possibility that the action I took (if I went into the other, vacant, lane) could have been an evasive maneuver does this citation make sense? And if so, how should I proceed?
Thanks,
Nick.
Elbert, Colorado