Whats up guys ok so Ive been riding just shy of 2 years now...


I need some legal advice or suggestions on what to do..

My buddy got a brand new GSXR and hit me up to ride (He rode for 3 years but sold his R6 a few years back) anyways he tells me to lead because he doesn't know the area. I saw ok so we start to cruise...

Anyways long story short were on an off ramp getting off the freeway and both going maybe 35 MPH if not less we aren't killing it just cruising being he hasn't ridden for 2 years..

So were coming onto this on ramp not the cleanest roads ever and Im at about a 45 angle lean and so is he and then mid off ramp it drops off from bridge to street section and is a down ramp of about 2" drop ramped to about 3ft... I see it and know there is no way of holding my tire when the bike upsets from the change...

So I try to straighten up and brake hard and get back into the lean but as soon as I hit the down slope my back tire locks up being there before I let off and held front brake but almost save it then found a fat wide crack my tire just dig in and lost it and it wasn't enough and I went into the wall...

He being behind me luckily say my brake and go down he tried to stop and almost did the same thing and ran me over apparently.. I couldn't see obviously trying not to die..

My brakes nose his the curb and busted pretty decent and I was wearing full gear so I'm straight besides a soar *** and bruised ego..

Anyways there is no way we (I) am at fault being we went back to check for part and debris for other motorists and we went slow as molasses and it was still quite a bump down.. And from the scrapes and marks we werent the only people having trouble with that corner...


Is there any legality I can have with the city or insurance because I'm out some decent bills because the city cant maintain a decent road... I understand its impossible to maintain all roads but this was a very tight on ramp off a busy freeway from decent to straight crap road..


Any advice is much much appreciated.. Thank you!

 

Pictures.. Again this doesnt look half as bad in the pictures being hard to see the depth but it is about a 2" drop in all of 3' mid turn onto unkept road.



Below the crack is about 1" wide and 1/2" drop to begin the transition.



My buddy put his tire in the crack to show size of crack and how it can eat the tire





Yes this cone was in 1/4 of the lane again still mid turn


Again we apparently aren't the only ones with trouble on this turn (There were more but this was on the spot I hit..

 

Bike Damage








Again any help or advice is much appreciated I'm hoping some how this can/will be covered.. On top of it jacket has a small hole and brand new RF 1100 if ruined being made contact with pavement.. So gear is toast as with the bike but my bike is my main concern to get covered my gear I can see covering that my self at fault or not.

 

Picture of bike damage





On top of the bike my helmet did hit the pavement with some brunt so that will also be needing replace and a tear in the shoulder of riding jacket so another $500. I have no issue covering that my self my main issue is the damage to my bike the gear I don't mind covering being at fault or not.

Also not shown foot beg is gone and mirrors are both broken off.

 

Lawyer. Unless someone here is one. No offense to anyone on here (i'm new). But , I would get advice from a lawyer , not people in a forum. I'm not sure I understand exactly how it went down and I'm not trying to **** on you, But:

1) the limit is 20mph, so if you were going faster, which I'm thinking you were......
2) Why would u be at a 45 deg. angle doing 20mph?
3) the crack outside the white solid line is not where your tire should be. Not sure how u got there. You mentioned your rear brake locking up which it shouldn't have.
4) the road looks dirty (lots of debris), otherwise, I've seen worse. Even if that crack is the measurement you say and there is a small drop , I think if I myself was riding it , I would have been fine
Is there a posted sign before it that says "bump" or gives any indication of a bad road coming up? Where is this? I think that crack is your friend though.

 

We don't do legal advice here, we are a CBR forum.

You really should call in to KFI's "handel on the law" radio show on Saturdays and ask. It would be amusing at the very least.

File a claim with the city. It's worth a try, not to mention the starting point for a suit if you go there. IMO you don't have much of a case, but what do I know.

Now, what ramp is it? I want to avoid it next time i'm up there.

 

At least in my area the rule is that you need to notify the city of the problem, if they don't address it in "x" amount of time you can blame them for damages done to your vehicle in the event of an incident. However...documenting that you've contacted them is a pain, and it generally doesn't work. Check your local laws, and get a lawyer.

Also, cchristanis, at least in my area a yellow painted sign with a speed on it is not the limit, but a suggestion. Bikes are capable of taking corners faster than cars, he could legally be going faster than the painted sign as long as he's under the speed limit, which if the last limit sign you saw was on the highway then I would guess since it looks close to a city the limit was 45 or 55, so as long as you were below that speed you were within the legal speeds for that piece of road. HOWEVER, that is in MY area, and what I was taught in Drivers Ed. I am in no way a legal professional and you really should consult a traffic lawyer, some might have free consultations to see if your case is valid.

 

hey guy in maine, Idk y the hell I was thinking that was a speed limit sign. Haven't slept much I guess. I apologize. I can guarantee that the town will treat it as one though if it goes to court!

 

Lawyer is your best bet but more than likely he is going to say No Thanks.

I know you said you were doing 35 or less but the city will probably tell you your speed was too fast for the road conditions, especially if the part if the road you're speaking of is where your friend is parked- outside the lane of travel. And you'll notice the suggested speed is 20mph.

 

Are you fully insured? Have the insurance pay for your loss...your insurance company will handle what is needed with the city.