Crashed and need advice / legal...

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wiznut

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Sep 30, 2009
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So I went down tonight in town on a corner where a construction crew left sand a couple inches deep across the whole lane. I was going maybe 5mph at the most. No signs, cones, nothing. I feel like this kind of **** should be the citys fault, but the officer that came out said that I have absolutely no chance with getting money out of the city.

My bike now has dented headers, rashed up CRG mirror, CRG lever, frame puck, axle sliders, passenger pegs, and the metal bracket for the belt guard is bent and contacting the tire. Not to mention my oil light came on during the 2 block ride home...

So where am I at with this? Hire a lawyer and go after the city for having the Sahara desert in the middle of the road that couldnt be crossed safely without walking the bike or just deal with a $500 deductible on insruance??

Heres some videos I took of the accident and damage:



 
i don't know how things are at your end, but over here, roadsigns need to be placed for construction and it should be also marked who is responsible for those signals.
that should be the responsible one and thus the people you need to hold responsible.

but as i said, i don't know if it's the same in the u.s.

it's either that or the construction responsible themselves.

and why would you not be able to win from the city? how much work is it to put up a bloody sign to save a man's life?!
 
I agree with LeFox. I would consult a lawyer and go after both the construction co and the town/city. I'm sure that you pae excise tax right. Someone should be heald accountable.
 
Wiznut...Here's my advise.

1) Based on the fact that you said you WOKE UP THIS MORNING WITH LOWER BACK PAIN, I would first make an appointment with your family doctor for Monday.

2) Make an appointment with a chiropractor. It always helps.

3) Go back to the scene of the crime in the daylight and take lots of pictures. Do this ASAP, before the mess gets cleaned up.

4) Hopefully you have Full Tort on your policy. EVERYONE SHOULD HAVE FULL TORT. Without it, you often waive the right to collect for personal injury. That said, call an attorney in your state. Describe what happened, and your LOWER BACK pain, and probably some LEG PAIN too from the fall.

Based on the fact that the City is involved, they very well may settle quickly for their NEGLIGENCE.

Most important is to document everything. The pictures, police report, doctor, chiropractor, etc.

Oh, and by the way, I am an attorney. Even though I practice mainly criminal defense, I know the civil side too. If you have any questions, hit me up. 570 489 0098. Good luck.

- Lance
 
Talk to your insurance company first, I bet they tell you the same thing as the cop. You may be able to get a claim going since there were no signs and it could be negligence in the eyes of the courts.
 
[up][up]pyrat.negligence being the key.your whole body hurts dosnt it.your lucky it wasnt worse.
 
dont forget who the cop works for. talk to an attorney.
Click to expand...

EXACTLY. Do not listen to ANY city worker because they will all tell you the same thing. Of course they want to discourage you from filing suit - that money comes out of their pockets too. Like pyrat said, I heard your back was killing you and you've got a slight limp now.

I don't see any way that this could be anyone else's fault but the city. It may take a while and you might get tired of all the run-arounds and push backs on hearings, but if you stay with it, I guarantee you will end up on top.
 
skydiving attorney?
free legal advice to a fellow rider?

PYRAT ROCKS!
+1 on rep point for you!


I agree that there should have been some sort of notification up about the sand and construction, but it was probably overlooked because people don't often think about bikers. cars would have little to no issues driving through the sand so they didn't give it another thought.

they are doing that a LOT here in Michigan

example:
kitty litter like gravel asphalt mix poured on the roads for the cars to tamp down, its loose, nasty, and stays loose in all the areas that car tires don't normally touch (both sides of the road center and inside the corners)
they are also adding cable barriers in the medians of the highway that I am sure will kill a biker if he happens to hit it, probably cut them in half.
lots of other random construction and road debris with and without signs of loose gravel on road surface
 
So I have been calling lawyers all morning, and only one has actually answered the phone. He said that I do have a case, but he wasn't interested in taking it.

How do I go about finding a lawyer willing to take a case like this? What should I look for?

Thanks for all the help guys. I really appreciate it
 
some states and cities have lawyers that handle motorcycle cases exclusively

I would google search motorcycle attorney + your city or state

write down all the numbers and try calling on Monday because most offices are closed on Saturday anyway
 
Look for one out of your counties jurisdiction no one is going to want to burn bridges within their own county they practice in or live in.
 
Wiznut, your power is not in your ability to litigate, but in your ability to create a big problem for the local government. The truth of the matter is that the government's coffers are virtually endless (at least in comparison to your own), and they will certainly draw out a case should it come to that. You, on the other hand, have the ability to command popular appeal.

Find a lawyer, and pay him to write a letter to the appropriate government body describing what happened. impress upon them their responsibility for the outcome of said event. Include photos. Threaten to go to the nearest media outlet with your story should they not respond appropriately. A story about the city's negligence and its disregard for local citizens is always good work for the local news. You are much more likely to get what you want by applying pressure in the appropriate areas, rather than taking a government body to court. Don't become another problem in the legal system by working with some ******** lawyer on a case, and keeping a judge from addressing more serious problems. You deserve recompense, but that doesn't mean you need to become like any other quick-to-sue American. It should be your last option.
 
To expand on what theocto said, If you went to the media, they will will do a story on it and have their reporters investigate. If aired, it could get a lot of people to write letters to the appropriate parties at the head of state which would push progress faster. Normally they follow cases all the way and they love a chance to pick on the city.
 
Ask around the local biker community, get some names of reputable attorneys and talk to them. It has been my experience that most attorneys will take a case such as yours on a contingency basis. That means he gets no money untill after you either settle or go to court and secure a judgement. The fee is typically between 33-40% of the settlement/judgement. Trust your attorney and do exactly what he says. Most municipalities don't want the hassle of going to court over something like this and will generally offer a decent settlement. If your information is correct, sounds like the municipality screwed the pooch on this one.
 

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