The real facts in the matter are sufficient to show that the three above statements are incorrect, “[1] your failure to maintain a proper lookout, [2] to keep your kickbike under control, [3] and traveling too fast while approaching the intersection.”

First, I did not fail to maintain a proper lookout. In fact, according to the police report, the driver was cited for improper lookout. I received no such citation. I find it ironic that I have been accused of the very act of negligence performed by the driver that has caused all of my pain and loss. On the contrary, I had a very good lookout on the entire accident and was helpless to protect myself due to the careless actions of the driver. To accuse me of improper lookout is slanderous and unfounded.

Second, I did not fail to keep my kickbike under control. I had complete control over my kickbike at the time of the accident, but I was unfortunately at the mercy of the negligence of the driver. Again, the police report clearly states that the driver’s failure to maintain a proper lookout was the cause of the accident. There is no supporting evidence in my statement or from the police report to sustain an accusation that I was in any measure out of control.

Third, I was not traveling too fast while approaching the intersection. The police report indicates that I was traveling 15mph—far below the posted limit of 35mph. There are no facts of any kind to establish that I was traveling too fast.