Wrecked my bike. Need a lawyer.

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.
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.
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.
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.
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.
I wasn't the Trooper that handled the crash, but we did speak at the scene.
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...
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...
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.
I think I already figured out the locking up issue with my previous post, but I will check the brake line for kinks also.
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.
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.
As for the "shit happens" provision, the judge holds that not us.
Last edited by SMOKEYBEAR; Sep 22, 2009 at 02:10 PM.




