How my incident happened

[MoeDog]

Well guys I am very stressed and upset right now. I went to CHP to obtain a police report for my accident and it's stating I did an unsafe manuver and em at fult. I am going to do a quick summery of how it happened as I am still going to fight it. And wouldn't want this to byte me in the ass later.

I was traveling on hwy 132 behind a pick up truck when a kids inflatable pool flies out my reaction was to swerve to my left if memory serves me correctly. Well the pool was hovering low in the air, when the wind decided to move it in my direction of travel. By this time it was too late but to hope to for the best. The driver of the pick up pulls over and just wached as the scene unfolded. I left the scene with my sister in the ambulance and a chp got my statement at the hospital. CHP got to the seen late after everybody was gone just the tow truck with with my bike on it with no pool in between the tires.

I also got a call from my INS stating that his insurance is not taking Fult. That the pool was already on the road and got kicked up by the trucks tires. I am trying to stay calm but this is getting me very upset I can't think straight

I will post pictures later to see for your self

 

[granda080]

Wow good luck with all that. Glad you are ok! People suck.

 

[Captain not sure]

this post has convinced me to buy a helmet cam ... that would shut anyone up in a case like this . thank you for the post.
you have the right to be upset . I'm pissed just reading it !!
best of luck ...

 

[craig007]

glad you are OK. How can the CHP just make stuff up? Yes you have to fight this. My blood is boiling too.

 

[MoeDog]

Here are some pics, look very closely at this pic you can see my skid mark right before the red truck by the yellow line

View attachment 38183

the pool got stuck in my rear wheel and i high sided, so my right side is the only one that got damage.

View attachment 38184
View attachment 38185

here is the truck it came from

View attachment 38187

here is MR. I am not at Fault

View attachment 38186

He Told me he was sorry for what happened and I said it was fine as long as he had insurance and he said yes. Now he is changing his story and saying that it never came from his truck.

 

[MoeDog]

This is what the police report stated

I am not sure if i can Post these so please advise

View attachment 38188

View attachment 38189

 

[Goop]

Moedog:

Glad you are OK! I would get some legal advice on this. At least see what options you have. I wouldn't talk to the other party or their insurance company at this point so they can't use your words against you.

Try to see if you can find a lawyer who specializes in this sort of thing...maybe start here:

LawTigers.com, Motorcycle Accident Attorneys

 

[mrphotoman]

sue the crap out of that scumbag, you will win. it was his pool that caused the accident period. get a lawyer, you will come out of it with some nice $. do not talk to his insurance company they will use it against you.

 

[FinalImpact]

I don't care what your answer to this question is: but from a logical point of view lets say all the traffic was flowing as it should and no one braked and nothing happened as the police report kinda says.

Lets also say you've been riding for 3 years and have 8 to 10,000 miles of experience. Why would an experienced rider react to nothing and crash and fall risking life.

It makes no sense. Get a lawyer. One cops opinion is about to make things ugly. As for the insurance, do you not have full coverage to replace the bike and cover medical costs??? You may be going after you're own co.

Sorry!

 

[VEGASRIDER]

Obviously you swerved to avoid an obstacle, as the obstacle that you were trying to avoid is lodged against your tire and bike. No argument there, as the picture shows it.

The question is, where did the pool come from? The party accused could deny it. Were there any other witnesses that could substantiate this?

I don't know how the CHP can write up a report claiming that you swerved for no reason.

In my opinion, I think Officer Petersen from the Borrango Springs CHP sub station needs to review this.

 

[granda080]

How does that report state that they see no evidence of why you needed to swerve?...there is a POOL UNDER YOUR BIKE WTF

 

[Motogiro]

Be calm...Be focused....Use your energy wisely...You will beat them....

Did your sister see the pool? Were there other vehicles/people that witnessed it?

 

[McLovin]

Dude that really sucks. Like everyone else, it makes my blood boil just reading it. But Cliff is so right. You gotta stay calm and keep pushing consistently until you get justice. I am looking forward hearing something that will nudge this in the right direction.

 

[DefyInertia]

Be calm...Be focused....Use your energy wisely...You will beat them....

+ 1 ! ! !

And I agree that you should talk to legal counsel.

 

[Kaisersoze]

Stay strong man! Glad that you and sister are okay, considering what happened. Dont give up the fight! You are 100% in the right and the truth WILL come out. Good luck!

 

[mrphotoman]

if he failed to secure his property to his truck and his property caused you to wreck then it is 100% his fault

 

[Wavex]

I'd get a Lawyer's advice.

 

[red06]

Well guys I am very stressed and upset right now. I went to CHP to obtain a police report for my accident and it's stating I did an unsafe manuver and em at fult. I am going to do a quick summery of how it happened as I am still going to fight it. And wouldn't want this to byte me in the ass later.

I was traveling on hwy 132 behind a pick up truck when a kids inflatable pool flies out my reaction was to swerve to my left if memory serves me correctly. Well the pool was hovering low in the air, when the wind decided to move it in my direction of travel. By this time it was too late but to hope to for the best. The driver of the pick up pulls over and just wached as the scene unfolded. I left the scene with my sister in the ambulance and a chp got my statement at the hospital. CHP got to the seen late after everybody was gone just the tow truck with with my bike on it with no pool in between the tires.

I also got a call from my INS stating that his insurance is not taking Fult. That the pool was already on the road and got kicked up by the trucks tires. I am trying to stay calm but this is getting me very upset I can't think straight

I will post pictures later to see for your self

any injuries ? witnesses besides you and the truck driver?

 

[MoeDog]

Well thanks guys i was already talking to an attorney before i got the police report and he advise me not to make any statements to the other insurance and to get a hold of the police report. I don't know why did the CHP wrote the report the way they did. I am thinking because i was bugging for the report for the last 3 days because I called and was told it would be ready by the afternoon and continue like that for 3 days.

idk about witnesses from what i can recall just the oncoming car that helped us. I will have to go through my phone records to see if they saw something.

I know what happened i know it came from his truck not from under it. If you look at the pics it tells a lot, why would you pull over and hoover around the scene if you had nothing involve? the couple that helped me left after helped arrived but he stayed. Why was he taking pictures of my bike?

on top of that he admitted to me that it was his pool and that he was sorry

 

[MoeDog]

any injuries ? witnesses besides you and the truck driver?

yes some bodily injuries