James - I have no advice... but I'm sorry to hear you've had to go through this. An SUV, of course!
Just glad you're OK. See you soon. -esteban On Jan 23, 3:35 pm, Seth <[email protected]> wrote: > James, > > It's good the accident was not more serious. > > You should definitely file a claim through your insurance company, in > addition to consulting an attorney. > > Hope to see you on a SoCal ride in the spring! > > Seth Ely > > On Jan 23, 11:54 am, James Warren <[email protected]> wrote: > > > > > First of all, I am ok, and that's what I consider the biggest thing. I was > > lucky in terms of injuries. I was able to go home from the hospital after > > 24 hours. They kept me to observe me, because in the first 10 to 15 minutes > > after the accident, I didn't really know things like my name. But then it > > came back before I got to the hospital. I left the hospital with 4 broken > > ribs and cuts and bruises and the aftermath of a concussion. > > > The following might not be on-topic, but it closely matches Maynard > > Hershon's first essay in RR42. It happened about a week ago, less than 48 > > hours after I read Maynard's essay. If you are not interested in hearing > > about the accident, I completely understand if you don't read it. But it > > does include one relevant safety lesson for bicyclists, and I am also > > asking for help from anyone, especially Southern CA list members, who might > > have a recommendation for a great lawyer who knows how to get fairness for > > bike-riders in traffic collisions with automobiles. I ask this, because I > > feel I've been unfairly treated by the law so far. The police officer's > > report concludes with a determination that I am the party at fault. > > > I was riding straight ahead in an area that fills up with traffic near a > > shopping center. I had no stop sign or red lights to stop me. I was riding > > under the speed limit. There were two lanes of car traffic going in my > > direction, and I was riding just to the right of them, effectively in a > > third lane. There was no bike lane marked, and it's possible that one is > > supposed to be there, but was not because the road had recently been > > resurfaced but not painted yet. Cyclists ride along this from time-to-time, > > but only out of necessity. > > > An SUV coming the opposite direction was in a left-turn lane. It turned > > left and drove across my path. What I remember was that upon reaching this > > intersection (that required no stop from me and requires the turner to turn > > only when oncoming traffic is clear), I was shocked to see an SUV turning > > left in front of me. I had no time to think. I braked and turned and > > skidded all at once, all the while knowing that I would hit the car. I hit > > the side of the car, but I don't remember the pain of impact. For the next > > 10 to 15 minutes, I don't know from first-hand experience what happened. I > > couldn't say my own name at first. Details of the accident were discussed > > without me but included the driver, at least one witness was referenced by > > the police report, and the deputy ended up deciding I was at fault; at > > least his report says that. Meanwhile, in the care of paramedics, I > > eventually knew my situation and regained my self-awareness. While I was in > > the ambulance, I was happy when I could tell them that I could now remember > > the specific accident where the car turned left in front of me. I was very > > relieved when they told me that my responses were good and my extremities > > seemed ok, and that I was going to the emergency room, because they do that > > for anyone who lost consciousness. (I had been unconscious for the first 30 > > to 60 seconds, and my helmet is cracked. I am so glad I wore it.) I haven't > > had a chance to have the bike frame professionally inspected yet (QB), and > > it might be undamaged, but the rear wheel is ruined. It must have hit the > > side of the car, but I don't know for sure due to my impaired mental state. > > > So how was I determined to be at fault? Drivers moving in the same > > direction as I had decided to stop and yield to the driver who was turning > > left from the opposite direction. They did this, because there was a > > back-up caused by a red light up ahead of us. They yielded to allow the SUV > > driver to turn. He took the right-of-way that they yielded, but he did not > > see me who was still coming through. (He later referred to me as "a blur".) > > I had no way of knowing that this yielding to him was happening. > > > I by no means request that we discuss traffic laws or this accident on this > > list. I include this story for the following reasons: > > > -To say to please be aware of this dangerous situation when you ride in > > gridlock. > > -To share a first-hand example of what Hershon writes about: that a > > one-sided account of the accident is often written down on the scene, > > because often the bike-rider is incapacitated. > > -To share that there were apparently other witnesses (according to > > paramedics), but only one witness made it into the police report, and this > > witness sounds unsympathetic to me. Days later, when I tried to ask the > > officer for information about the existence of other witnesses, he refused > > to answer my question, simply saying that his report is all he has to say, > > and he will not respond. The other witnesses remain hidden from me, because > > I was not fully conscious. > > -To ask for any references that list-members have for a great lawyer or any > > other resource who can help me get fair treatment in this case. Thank you > > for reading this. > > > And please ride carefully. > > > -Jim W. -- You received this message because you are subscribed to the Google Groups "RBW Owners Bunch" group. To post to this group, send email to [email protected]. To unsubscribe from this group, send email to [email protected]. For more options, visit this group at http://groups.google.com/group/rbw-owners-bunch?hl=en.
