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Wrecked my bike. Need a lawyer.

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Old Sep 21, 2009 | 04:59 PM
  #31  
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Default Re: Wrecked my bike. Need a lawyer.

I also agree go in without a lawyer first.
Old Sep 21, 2009 | 05:25 PM
  #32  
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Default Re: Wrecked my bike. Need a lawyer.

Originally Posted by madsteez
I doubt your weren't riding stupid,every biker I see on the roads rides spirited.
Yup, every person on a bike rides dumb

Exact same thing happened to me, however I didn't get a ticket at all. I expected the failure to maintain control ticket but I got nothing. I have never heard that an officer has to issue a ticket at the scene of an accident, but as others said I have a feeling it will get dismissed.
Old Sep 22, 2009 | 12:35 AM
  #33  
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Default Re: Wrecked my bike. Need a lawyer.

Originally Posted by 99RioRedVert
Wow, thanks for all the info everyone. I will have to reread and digest it later.

As to the cause of the accident, its hard to say. I was taking the 64 to 464 onramp, which curves to the right. I was on my way to work, was not in a hurry, I had all my work stuff in my backpack, was wearing business attire, etc. I am not speeding (the cop agreed this was the case). I was taking the curve, in a regular lean, and the bike suddenly slammed me down to the pavement and I slid about 50 ft, hitting the guard rail. I figured I hit something and lost traction. There was no squirrelly moment. It was immediate. The cop said there was nothing on the road to hit. I couldn't verify, as I was 50 ft away, getting looked at by the paramedics. They thought I locked up my rear brake. I thought this was odd, considering I rarely use my rear brake. Anyone who rides a duc knows the rear brake is almost worthless. However, getting the bike off the trailer at my house I noticed that the rear wheel was not moving freely. When I got it on the stand I noticed that the brake was dragging. I don't know yet how or why it got that way. I was on the brakes before entering the curve but wasn't on them in the curve. I posted this on my ducati monster board and some of the more experienced duc mechs were not surprised, as they have seen rear brakes fail multiple times. There was a woman in a car following me through the turn. She stopped and helped me. Hopefully the cops got her information.
It looked like you locked your rear brake up, or it locked up. There was a skid mark that was obviously left by your rear tire. It wasn't a yawl mark either, straight skid leading your path into the guardrail. Speed didn't appear to be a factor as you didn't slide far after the bike went down. It's not often we work a motorcycle crash and the rider walks away. I was kinda surprised to see all the riding gear hanging on the guardrail. Good for you, it saved you some serious road rash.


I wasn't the Trooper that handled the crash, but we did speak at the scene.

Last edited by SMOKEYBEAR; Sep 22, 2009 at 12:37 AM.
Old Sep 22, 2009 | 04:55 AM
  #34  
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Default Re: Wrecked my bike. Need a lawyer.

Originally Posted by madsteez
I doubt your weren't driving stupid,every honda driverr I see on the roads drives spirited.
fixed.
Old Sep 22, 2009 | 05:59 AM
  #35  
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Default Re: Wrecked my bike. Need a lawyer.

Originally Posted by SMOKEYBEAR
It looked like you locked your rear brake up, or it locked up. There was a skid mark that was obviously left by your rear tire. It wasn't a yawl mark either, straight skid leading your path into the guardrail. Speed didn't appear to be a factor as you didn't slide far after the bike went down. It's not often we work a motorcycle crash and the rider walks away. I was kinda surprised to see all the riding gear hanging on the guardrail. Good for you, it saved you some serious road rash.


I wasn't the Trooper that handled the crash, but we did speak at the scene.
Old Sep 22, 2009 | 11:42 AM
  #36  
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Default Re: Wrecked my bike. Need a lawyer.

Originally Posted by madsteez
How does he know you weren't speeding or riding like a ass hat unless he watched you go down.

I doubt your weren't riding stupid,every biker I see on the roads rides spirited.
Normally I would agree here but after my conversation with him, it was obvious that he was just riding to work. It's not often I see someone wearing full gear minus pants riding their bike to work in dress slacks. The bike went down from the middle of the ramp, it was apparent he wasn't going fast and hitting the apexes of the ramp. If he went down from the inside of the turn ( where the debris gathers) I'd say he was riding spiritedly. Even after looking closer I couldn't see where maybe he leaned to far in and maybe dragged the foot control/ peg on the inside ( that would have left a gouge mark in the pavement). There was one skid mark left by the rear tire that lead right to where he layed the bike down and into the guardrail. It's like God reached out and swacked the bike out from under him.

I really know very little about bikes, but maybe the changes he made to the rear suspension drastically changed the way it handled and braked.

I didn't handle the crash though...
Old Sep 22, 2009 | 12:42 PM
  #37  
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Default Re: Wrecked my bike. Need a lawyer.

Originally Posted by SMOKEYBEAR
Normally I would agree here but after my conversation with him, it was obvious that he was just riding to work. It's not often I see someone wearing full gear minus pants riding their bike to work in dress slacks. The bike went down from the middle of the ramp, it was apparent he wasn't going fast and hitting the apexes of the ramp. If he went down from the inside of the turn ( where the debris gathers) I'd say he was riding spiritedly. Even after looking closer I couldn't see where maybe he leaned to far in and maybe dragged the foot control/ peg on the inside ( that would have left a gouge mark in the pavement). There was one skid mark left by the rear tire that lead right to where he layed the bike down and into the guardrail. It's like God reached out and swacked the bike out from under him.

I really know very little about bikes, but maybe the changes he made to the rear suspension drastically changed the way it handled and braked.

I didn't handle the crash though...

Smokey,

Thanks for posting.

Regarding the rear brake, I believe things happened in this order:
1. the bike fell down [for unknown reason].
2. the fall bent the footpeg/rearset/rear brake assembly causing the brake to engage.
3. the stopped wheel caused the skidmark as I and the bike slid across the ground.

The right side footpeg is severely damaged. I had to unbolt the master cylinder to release the brake pressure. I wish I had examined the bike with you guys there. I feel like that would have shed some light on the situation. However, I was still kinda groggy from the fall and didn't think about everything. I did not lock up the brake myself. In fact, the brake pedal was snapped off. One of the guys at the scene handed it to me.

I wish there was a provision for "shit happens" in the lawbook, as this is certainly a case of it. The officer who gave me the ticket made it sound like he was obligated to write me up for something and this was the only thing that made any sense. Unfortunately, its a pretty stiff ticket and carries all kinds of negative reprocussions.
Old Sep 22, 2009 | 12:46 PM
  #38  
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Default Re: Wrecked my bike. Need a lawyer.

Here is a good pic of the rearset. You can see the brake pedal snapped off and the piston pushing into the master cylinder.

Old Sep 22, 2009 | 12:53 PM
  #39  
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Default Re: Wrecked my bike. Need a lawyer.

Originally Posted by skr00zloose
I'm not going to comment on the legal issues, only the technical ones.

when you raised the rear of the bike, how did you go about doing it?
I did it in the suspension. My rear ride height is controlled by a hoop with adjustable heim joints. Its a popular "mod" on these bikes, as they have heavy steering response. Even the superbikes feel heavier than jap sportbikes. The monster is made even worse with its more relaxed geometry.

I think I already figured out the locking up issue with my previous post, but I will check the brake line for kinks also.
Old Sep 22, 2009 | 02:04 PM
  #40  
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Default Re: Wrecked my bike. Need a lawyer.

Originally Posted by 99RioRedVert
Smokey,

Thanks for posting.

Regarding the rear brake, I believe things happened in this order:
1. the bike fell down [for unknown reason].
2. the fall bent the footpeg/rearset/rear brake assembly causing the brake to engage.
3. the stopped wheel caused the skidmark as I and the bike slid across the ground.

The right side footpeg is severely damaged. I had to unbolt the master cylinder to release the brake pressure. I wish I had examined the bike with you guys there. I feel like that would have shed some light on the situation. However, I was still kinda groggy from the fall and didn't think about everything. I did not lock up the brake myself. In fact, the brake pedal was snapped off. One of the guys at the scene handed it to me.

I wish there was a provision for "shit happens" in the lawbook, as this is certainly a case of it. The officer who gave me the ticket made it sound like he was obligated to write me up for something and this was the only thing that made any sense. Unfortunately, its a pretty stiff ticket and carries all kinds of negative reprocussions.
The only thing I see different than you is the type of skid mark. If the brake locked up when you went down, the rear tire would have left a yawl mark vs the straight type skid that was at the scene. That's why I think the tire locked up before you went down.

As for the "shit happens" provision, the judge holds that not us.

Last edited by SMOKEYBEAR; Sep 22, 2009 at 02:10 PM.



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