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It's like bumper cars out there. You have to be so alert on the bike. Did the cop think you just fell of your bike riding down the road? Damn. He needs to get a clue!!! Hospital folks are great !!!
The problem came from the losse asphalt agregate that I did not see when I braked.
Man I hate that stuff. In Washington state they are now required to post signs in any construction area including where they lay the loose asphalt agregate saying "Motorcycles use Extreme Caution" I think the state got sued a couple times over failure to give notice and the company doing the work also got dinged so now they all have to do it.
It's good to see that the officer is reviewing what happened hope it all works out.
Just like it doesn't make sense when somebody rear ends a motorcycle, right? It is never intentional and therefore the driver of the other vehicle should not be cited? That's why they are called "accidents" and not "intentionals". And as far as calling the investigating officer's supervisor, nope. He wasn't there. I wouldn't lean on one of my guys to void a cite based on the info provided. That's why we Americans have a court system. Explain it there, and MAYBE the judge will dismiss it.
Without witnesses, and even when there is physical evidence of skidding by the car in front, it generally remains the responsibility of the driver following to maintain control to avoid a collision. The cite here in AZ would be "speed not reasonable and prudent".
An improper lane change by the car's driver could be a defense or mitigating factor if another traffic statute was broken by that vehicle in making a lane change, entering the roadway from a private drive, etc. But the officer would either have to have seen this infraction or have an independent witness to it to issue a citation to the car's driver.
But...it does suck to get your bike wrecked and get a ticket at the same time. And it might be worthwhile to take it to court. The worst that could happen would be being found responsible.
Glad you're OK to write about it. Post above refers to input that you should call the officer's supervisor to beef the ticket. I'd recommend that the best route would be for you to go to court on this and explain the circumstances. It would be a case of your word against other driver's, and you MIGHT get found "not responsible". The officer probably cannot really say that it didn't happen the way you said it did. Looks like he wrote you based on the evidence (your crash) and not anyone's statements.
That said, sounds like once you were in the bad situation, you kept your head. You hear a lot about "should never have to lay the bike down", but sometimes it happens...even to motorcycle cops. Better to brake effectively, of course, if you were left room to do so.
Heal fast!! Practice that panic braking in a controlled environment. I know lots of very experienced police riders who do it on a pretty regular basis. Of course, ABS on their Hondas and BMW's is really a heck of an advantage. No doubt HD will refine their's for the general public, one of these days, and you'll be able to grab all of the front brake without fear of a front wheel skid or endo!
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