motorcycle accident

[VonMessa]

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.

^^^^^  THIS!!!!

[shocker]

Hey Monte Carlo glad you're ok bro!

[smoe]

Scope out that spot at the same time. Maybe the BMW driver will drive by again then write his license#. Maybe a lawyer could contact the guy.

[Tec]

This thread is TL;DR so sorry if this has been covered, but did the accident happen in an area with lots of businesses, maybe a gas station on one of the corners?  If so maybe there is a surveillance camera that caught the accident you could track down.  Seems like that would get you off the hook liability wise, and prove any falsifying of police reports by the other driver.

[Flipperk]

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!

You do not have to prove innocence...you are innocent until PROVEN guilty. They have to prove that he was distracted and veered into the other lane in front of the car.

[RichardDarkwood]

So much for innocent until proven guilty theory.

Does that county have camera's @ every intersection?

[MaSonZ]

You do not have to prove innocence...you are innocent until PROVEN guilty. They have to prove that he was distracted and veered into the other lane in front of the car.

I understand this, but my point in my original post is that (at least in MA), you must be issued a citation at the scene of the accident if you are mentally/physically competent to do so. If the officer does not issue you a citation at the scene and you are mentally/physically competent to receive it you have Hom by the testicles if he is putting the blame on you. It appears that is what happened in mcboi's case, he was mentally/physicakky competent to receive it but the officer didn't issue it until he was at the hospital.if the officer is saying he's guilty of the accident for whatever reason he could fight it and have an easier fight in court because the officer failed to issue the citation at the scene. It was also put a bad impression on the crown/city/state police (whichever agency deals with MVA's) and of course the officer (I would hope) would get some sort of punishment for his actions.

[Sonicblu]

but if you think about it from the cop's point of view.  no evidence whatsoever, so who is he supposed to believe

 

the cop doesn't get a point of view if he has no evidence... It's called a no fault accident. The only reason they cite for BS stuff Now is to make money. They can't charge you money if your not cited. It is no longer to protect and serve. They are revenue generators.

I used to always give cops and the justice system the benefit of the doubt,  not anymore. Justice is no longer the goal of most.

Btw glad your ok physically, but your about to get sent through the meat grinder. Nothing makes me madder than an officer that justifies bad judgement with circular reasoning.