best wishes for a speedy recovery. what is the law in this situation? from CA DMV bicycle rules and safety http://www.dmv.ca.gov/about/bicycle.htm , "Bicycles riders (cyclists) on public streets have the same rights and responsibilities as automobile drivers and are subject to the same rules and regulations as any other vehicle on the road." so it seems like if we are doing something on our bicycle that would not be legal for a car, it may not be legal.
please let us know if there is follow up. thanks, todd olsen On Jan 23, 4:03 pm, Esteban <[email protected]> wrote: > 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.- Hide quoted text - > > - Show quoted text - -- 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.
