motorcycle accident

[PFactorDave]

This process will take longer than you realize.

That's putting it mildly.

It took me 7 years to get my day in court when I was injured while working.  The guy who was responsible even admitted that he screwed up under oath during a discovery deposition, but the insurance company refused to settle and dragged it out as long as they could.

[PFactorDave]

Get an attorney; there are plenty of attorneys out there that specialize in motorcycle accidents, particularly when it isn't the riders fault.

Good advice.  Do this immediately. 

[Belial]

Yea my main concern is getting my bike back in running order but the cop told me as i was in the ER that he was goin to cite me with reckless driving but obviously didnt have the evidence because it never happened ive got to go meet with my lawyer soon maybe he will be able to come up with something

Thats not good don't worry about your bike that's the least of your concern it will get fixed if you had full coverage on it.

You better lawyer up ASAP if your being cited as it wasn't your fault. 

I didn't know how badly my back was hurt till about 4 days after the accident, I was laid up for 6 months...be careful for a few days you might have taken more damage then you know.

If it does start hurting get a MRI.

I'm sorry this happened to you but you can plan on dealing with it for a long time.

I was alot nicer person never thought I'd ever sue someone till it happened to me.

if you have any questions PM me I know all about what your going through.

[Jayhawk]

Curious where you were going.  If this was a regular route you make frequently, than it doesn't make sense for you to make a last minute veer off your regular course.  Makes sense to me, but I'm not sure it's something you can prove or even matters if it comes to that.

[mcboi]

Curious where you were going.  If this was a regular route you make frequently, than it doesn't make sense for you to make a last minute veer off your regular course.  Makes sense to me, but I'm not sure it's something you can prove or even matters if it comes to that.

i was on my way to work which is the same route i take 5 days a week for the last 4 years

[Belial]

So you were going straight and getting ready to turn left?  And the oncoming car hit you that was traveling in the left lane?
 In that scenario it does sound more like you turned in front of him.

Or did you start to turn and get rear ended?  In which case it's easy to prove it was his fault.

[mcboi]

So you were going straight and getting ready to turn left?  And the oncoming car hit you that was traveling in the left lane?
 In that scenario it does sound more like you turned in front of him.

Or did you start to turn and get rear ended?  In which case it's easy to prove it was his fault.

I was traveling eastbound in the left lane about to make a left-turn when the car that was behind me in the same eastbound lane rear-ended me

[Belial]

Then it is 100% his fault he was the one driving distracted if he didn't notice your turn...IE he was following to close

You win

[SIK1]

First off I'm glad you weren't seriously injured.
Second like others have said, get an attorney. Don't talk to his insurance company, or their attorneys at all before you get an attorney. Most accident injury lawyers will work on a contingency basis, (at least in my AO) so it won't cost you anything up front. The property damage should be taken care of fairly quick, but the injury part can take several years.

Make sure the police take your statement. When they see that the two don't match they should investigate the accident more closely due to injury being involved, but don't count on it. Most police forces are spread thin right now and investigating an accident where no one was seriously injured won't be high priority. 

[Shuffler]

Your bike damage should show you were rear ended and not hit in the side.

[zippo]

Then it is 100% his fault he was the one driving distracted if he didn't notice your turn...IE he was following to close

You win

  Yeah, that.
   I thought any time you rear ended someone it was your fault.  Get checked out good at the doctor..document everything..and someone suggested putting an ad in the paper for witnesses to the accident to come forward.  Couldn't hurt to try it. 
  The police in this area(northern Ar. hills and twisties), seem to expect the worst from crotch rocket jocks cause there are a few around who seem to think that the public roads are their own personal race track.  People don't remember the many bikers who ride responsibly.
  Good luck in the healing process. 

[mcboi]

Your bike damage should show you were rear ended and not hit in the side.

problem is is that my bike has an extended swingarm so the impact was on the wheel/tire. I havent spun the wheel yet to see if the rim is bent but if there isnt a bend in the wheel then i dont know how im going to prove that he hit me from behind other than the fact that the front of his car is pretty messed up

[PFactorDave]

problem is is that my bike has an extended swingarm so the impact was on the wheel/tire. I havent spun the wheel yet to see if the rim is bent but if there isnt a bend in the wheel then i dont know how im going to prove that he hit me from behind other than the fact that the front of his car is pretty messed up

Let your attorney worry about proving it.  It's important that you get the lawyer going on it sooner rather then later though.   First thing he will do is pay a licensed investigator to inspect both vehicles and take tons of photographs.  It's important that this gets done before the other guy's body shop gets to work on the car, and before you have anything done to the bike.

[MaSonZ]

You, mentioned the officer said he was going to write you a citation while you were in the hospital he said this...at least in MA the officer legally has to write the citation at the scene of the accident while he is there. If the patient is unable to receive it due to injury it is to be mailed. Assuming your state has the same laws and I read that post correctly... you have the officer by the testicles if you should go to court and he should appear to testify your guilt. Proving your innocence will be a challenge unless your rim is bent. It is hard to tell to tell whose at fault when its front end damage to car, don't ya know? *sarcasm off*. Unless someone somehow can prove you were driving recklessly, you should be innocent un all ways..
This is all going off MA laws, check your state laws and get your lawyer sooner then later


Glad to hear you aren't banged up too bad, to a speedy recovery!

[AHTbolt]

Glad your ok one reason I stoped riding. Are there any gas stations on the corners friend of mine tboned a car that turned in front of him. The car driver said  my friend was speeding but they got the security cam video and it showed the whole accident and showed the car was at fault, there is a video that shows almost the same thing and ATMs take pics every couple of seconds. And if you were in Texas its automatic if you hit someone in the rear your at fault no matter what they did. Good luck.