Big question regarding my license.

[bmxfreakrider]

Alright, so last may I was involved in an accident with a motorcycle (was broadsided by him, didn't see him, probably came from behind another car lanesplitting and trying to make the yellow) which totaled my ford explorer. His injuries were fatal, and I was not under the influence of drugs/alcohol, and was not sleep-deprived. It was right before noon and there was ample light, but was a truck blocking the intersection 10s prior to the accident. I had to wait for the truck to clear to make my turn (traffic was backed up on the eastbound lanes, I was heading northbound turning westbound), once the intersection was cleared I checked for traffic, went through a big dip that you can NOT speed through(dip is on south side of road, north side of road into intersection is flat), checked again, and started my turn, made it 1/2 way through staring northbound watching for cars, saw no movement, then commited the rest of my turn. A little more than a second and 1/2 after i looked to where I was going to be, I was broadsided by the 1200cc harley right behind the front tire.

They are claiming its my fault because I didn't yeild to oncoming traffic, but how can you yeild to oncoming traffic if there is no traffic to yeild to? there was no movement what so ever on the other side of the street. (hence, came out of nowhere). There were no signs of stopping (no skidmarks, or grind marks from laying the bike down) and from witnesses, he just went straight on.

Info from the police report say that he has to wear corrective lenses to ride/drive, but all that was found on scene was a pair of sunglasses (non corrective). I had a bloodsample and a fst done on scene and was not under the influence of anything. My license is revoked for 6 months, is there any way I can get even just a restricted license so I can drive myself to work? I had just bought a new car in the beginning of december after the accident, and got locked into a 6month contract with my insurance, that has a hefty early termination fee. January 4th I recieved the letter from the DMV stating that my license would be revoked on the 31st, for 6 months. I called the dmv and set up my hearing, but the soonest date would be the 17th of this month. I can not afford a dmv attorney due to the chopped hours I got from not being able to get to work by my own means (from 35+ a week to barley 20hours a week... at $10/hr after tax, it barley leaves enough to pay for electric, internet, insurance, and food...)

any help? im completely stumped. after countless hours of surfing the web trying to find answers, all I can find is info for drivers who were involved with a DUI. I was sober and coherent, passed all tests clean.

heres a pic of the scene. blue cars are stationary, white is me/bike

[connie corn]

Were you cited for anything or charged with anything? If so, what was it?

Do you have a copy of the civil citation or criminal charging documents?

[bmxfreakrider]

I wasn't charged with anything, and wasn't arrested either. I literally had the accident, car was towed (cause it was totaled, we got it back and put the money into it to get it fixed with a salvage title) and I didn't hear anything on it 8 months. The only action taken against me was the revoked license.

I do however have the copy of files the dmv sent me (accident report, roughly 50 pages or so)

[Mack]

I don't know if it's even possible, but it would be helpful to see the report... perhaps you could post it with your name and other vital information redacted?

[bmxfreakrider]

It is not a digital copy, and I do not have access to a scanner. I can type out parts of the report / take pictures and upload w/info removed (dl#, vin#'s, etc)

"Speed was not a contribuiting factor to this traffic collision. No speed analysis was done."

"Driver #1-******** was still onscene. Driver #2-********* was transported from the scene. While walking through the scene I saw a small gouge mark near Vehicle #2. There were no tire friction marks and no other significant items of evidence."

"COLLISON DESCRIPTION:
On **/**/09, shortly before 1116 hours, Driver #1 ********* was northbound on E Ave. At the same time Driver #2 ******** was southbound on E Avenue. Both drivers came to the intersection of E Avenue and Main Street. It appears both drivers entered the intersection at relatively the same time. Driver #1 turned left directly in front of Driver #2. Vehicle #2 struck the right front fender and wheel of Vehicle #1. Vehicle #2 then traveled along the side of Vehicle #1 and then fell to the ground. Vehicle #2 came to rest in the middle of the intersection. Driver #1 was able to drive Vehicle #1 and park it along the north curb-line of Main Street."

"CAUSE:
Driver #1 caused this collision by violating CVC 21801(a)
CVC 21801(a) requires, 'the driver of a vehicle intending to turn to the left..., shall yield the right of way to all vehicles approaching from the opposite direction which are close enough to constitute a hazard at any tim eduring the turning movement, and shall continue to yield the right-of-way to the approaching vehicles until the left turn or U-turn can be made with reasonable saftey."

"INTOXICATION:
While I was onscene I contacted Driver #1, *********. He did not appear to be under the influence of drugs or alcohol. He provided a blood samle to be tested for both drugs and alcohol. The drug analysis was processed and there were no drugs detected. (SEE ATTACHED Bio-Tox report).

The alcohol results are still pending and will be inclduded with a supplemental report."

"Vehicle #1:
Vehicle #1 is a 2001 Ford Explorer SUV
Engine: 4.0L SOHC V6
Transmission: Automatic, in park.
Fluids: All fluids were at acceptable levels.
Tires: All four tires matching
Brakes: Four wheel disk. All four brakes appeared to have adequate pad and no abnormal wear.
Seatbelts: Functioning properly, appeared to be used regularly.
Airbag: Not Deployed.
Damage: there were dents on the passenger side fender and door. Additionally the passenger side mirror was broken off."

"Vehicle #2:
Vehicle #2 is a 2009 Harley Davidson Motorcycle.
Engine: 1200cc
Transmission: Manual, in 2nd gear
Fuel: Gasoline, 3/4full
Tires: Front: Deflated and damged. Rear: intact and in good condition
Brakes: Front and rear disk, adequate pad no abnormal wear.
Damage: Front fender, rim, forks all bent and crushed. Windshield broken off. Turn signals broken off. Crash bars bent."

***TRAFFIC COLLISION CODING***
(writing down all sections with "x" and what column "x" is under)
Primary collision factor. List number or party at fault.
1, VC Section violated CVC 21801(a), cited "NO"

Weather: Clear
Lighting: Day light
Roadway surface: Dry
Roadway Conditions: No unusual conditions
Traffic Controls: Functioning
Type of collision: Broadside
Pedestrians: No pedestrians involved
**SPECIAL INFO**
Cell Phone Not In Use (two X's under column's 1 and 2)
**movement preceding collision)
1|2|3| : Coding
_|x|_|:Proceeding Straight
x|_|_|:Making Left Turn
x|x|_|:Had not been drinking.

Thats the main bit of info, again sorry for the limited selection of info, but it would simply take to long to try and type the entire thing out.

[edit]BTW the bio-tox report was nowhere to be found in the paperwork. it was never sent.[/edit]