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Old 10-01-2007, 05:20 AM   #1 (permalink)
Bob Lob Law
 
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Default do i have a case?

ok, so i low-sided couple nights ago, here's ,what happened, and now that i've given it some thought i've pieced together what happened.

the dirt i slipped on is there from the high way patrol vehicles. the on ramp i lowsided on has 2 lanes, one for normal traffic and one for carpool. most mornings the highway patrol will sit on top of the on ramp to catch people using the carpool entrance with just 1 person in the car. their car is on the side of the road where there is a dirt shoulder and when they catch someone, they take off and leave a trail of dirt on the road. repeat this process several times a day, 3-4 days a week and...well u get the point.

what i'm wondering is since they left the dirt i slipped on, does the CHP have any responsibility to what happened? after all, i wasnt going recklessly fast BUT i was approaching freeway speeds which means there was serious potential that i could've gotten hurt.

i realize my safety on my motorcycle is based on my judgement and it's my responsibility but as far as i know i wasnt doing anything wrong.
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Last edited by pokerface : 10-01-2007 at 05:26 AM.
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Old 10-01-2007, 09:50 AM   #2 (permalink)
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^probably not. they will just laugh at you and tell you that it is your responsibility to control your motorcycle properly. Dont meant to be harsh by this but its bullshit, and would be a bullshit suit. Call a lawyer for a consultation anyways.
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Old 10-01-2007, 11:15 AM   #3 (permalink)
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I was in small claims court several years back... and I ironically, the case before mine was also a m/c crash.

Almost identical to yours - except the claim was that construction people left the dirt on the road.
The judge dismissed the case saying it's the rider's responsibility to monitor conditions, etc, etc....

Sorry dude... look at the damage to your bike and seriously ask yourself if it's worh it to go through that hassle.

I was in small claims b/c I let this asshat sit on my bike (wrongfully thinking that just b/c he was bigger than me, and also had a sportbike, that there was no harm in letting him sit on it.... )
This guy didn't put it back on the kick stand properly and it fell over.

The whole ordeal was stressful and a major pain in the ass. On top of that the asshat didn't even pay me all that was owed.... The judge found him only half at fault - me the other half b/c of where I parked it.

If you want to bring it to their attention. Go to the CHP and file a complaint or write a letter. Let them know that their practice in that area is placing m/c in danger to the excessive road debris.

You may not have enough to make them pay for it, but it sure couldn't hurt to lodge a complaint.
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