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Discussion Starter · #1 ·
Hey guys, just wondering what people's thoughts or experiences are about their services or similar attorney services?

my situation:
I got into an accident when a stopped vehicle in the middle of the street (didn't pull over to the curb), and their passenger on the right side opened the door. There was enough room for me to pass on the right side, so I did. Well he opened the door on me while I was moving and I ended up against the parked car to the right. I have some injuries but nothing broken or surgery required. The reporting officer said I was the primary cause for passing on the right, and secondary cause was to the one opening the door. Since this is in a grey area of the law, there isn't room for two cars to pass, but there is room for two VEHICLES to pass. So with that interpretation, I shouldn't be the primary cause, but that's how the police report came up.

So what are my options? Since I'm injured, I can still sue for that right? Is it still possible to overturn the police report and this accident doesn't go against me but against the other party?

I just remembered 1-800-motorcycles from the commercials. Anyone have any exprience with them? or any recomendations? I'm in the L.A. area.


Thanks in advance guys!
 

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As far as I know, passing on the right, unless there is a real lane there, is illegal no matter what. Don't know about the lawyer thing
 

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You are the primary cause, sorry. I am a former police officer, trained in Los Angeles. In that situation you are not to proceed to the right of the stopped car, regardless of it stopping in a throughway and letting a passenger out. The secondary is there because you are not allowed to let a passanger out while in a throughway; I got a ticket for that myself back in high school. It is not possible to overturn the police report. Both you and the driver of the other car are to receive points. The law states that the driver is responsible for the actions of all or any passangers. That is why my buddy who was the asshat who decided to jump out of my car in traffic did not get the ticket and I did as the driver. I told the cop and judge that I did not give him permission to exit the vehicle, but judge said it doesn't matter...I am the responsible party and I need to better know who is in my car and if I can trust their actions. blah blah blah...I fought the ticket, officer showed up...judge turned out to be my best friend's dad...ticket is wiped clean and I'm seen off with a smile and tell your parents hello for me. lol You won't get off as easy as I did obviously. You need to see if you can do traffic school to erase the points. I don't know what else to tell you..it sounds like it was written up correctly.
 

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Discussion Starter · #4 ·
sorry, I should also point out that lane sharing isn't illegal in california, and passing on the right according to the CA VC is legal under certain conditions. That's why when I read it, I don't think I broke the law and that I actually had the right of way. I think if a motorcycle cop showed up instead of a car cop, that it may have gone in my favor instead. I don't know.

but thanks for the input
 

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Discussion Starter · #5 ·
james06cbr, we must've posted closely at the same time.

I don't know how much it really matters, but there was no open door or passenger coming out. Just a stopped car, with another car infront trying to make a left turn that was partially blocking the main lane and partially in the center turn area (I don't know what it's called in the center where there are broken lines for cars to turn or merge into the main lane). The lane looked clear enough for me to pass, with the thought of lane sharing being legal.

I see your point and thanks for the input coming from a former officer. yeah, what luck!!! I really doubt that I will be so fortunate to get off with a smile from a judge.

well, what about the attorney services? anyone?
 

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Best thing you can do is go ask a lawyer. It doesnt necessarily need to be a motorcycle specific attorney either. I am a law student and i have a little bit of insight to this it might help it might not but just to reiterate talk to a lawyer. Anyway... Most states adopt a policy of comparative negligence which basically means if you are more than 49% at fault in some states and 50% at fault in other states you will not be able to recover. This is up to the finder of fact otherwise known as judge or jury depending on the situation. If you are less than 49% at fault in some states or 50% in those others you can recover a percentage based upon how much you were at fault. EX: If you were 10 % at fault you could recover 90% of your damages. Just to reiterate i am not an attorney (yet) and I am from Texas (the laws differ in different states) the best advice i could give you is go talk to an attorney in your area they are in the best situation to tell you if you have a case. To find an attorney do not rely on the TV go with someone you know or referrals from friends. Anyway sorry for the long post hope i was able to help.
 

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Discussion Starter · #7 ·
thanks ack, that was helpful.

sometimes referrals from other people is the same as those tv commercial referrals. just thought the mc specialist would fight a little harder or know the little in and outs better.

anyone else?
 
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