Re: [RBW] I was hit by car - brief request for help - slightly on-topic
James, I read your post with interest and have several comments. I am a long time bicyclist and motorcyclist. This is a very marginal situation you were in. You may have been right but in the case of a bicycle/morotcycle to car accident you can often be DEAD RIGHT. I have been commuting frequently this winter, often in the dark and generally go by the philosophy that I am invisible. There have been several instances this winter where cars would have pulled out in front of me from side streets. I assume that they didn't see my lights or were just not looking for bicycles. I chose to hold back and wait rather than exercising my right-of-way and continuing on. When it is light out I always try to establish eye-contact with a potential vehicle that could pull out or turn in front of me. Even though you may be legally correct you must be aware of your vulnerability. Not too clear about the "lane" you were in when the other two lanes of traffic stopped to let the oncoming car turn left. You may have some legal recourse there. Take it to small claims court and see if you can get your expenses covered. Good luck and ride safe, Steve Hemmelgarn From: James Warren To: rbw-owners-bunch@googlegroups.com Sent: Sat, January 23, 2010 2:54:04 PM Subject: [RBW] I was hit by car - brief request for help - slightly on-topic 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
RE: [RBW] I was hit by car - brief request for help - slightly on-topic
Jim, It's good news that you are ok. I was hit in early December and no ticket was issued to either the driver or myself. I was hit in a crosswalk by a driver making a right on red. I faired much better than you. My rear wheel is shot as that is all he hit. He spun me 180 degrees, but I was able to stay upright and landed feet on the ground straddling the bike. The driver was not issued a ticket, but his insurance company is making good on the bike and injuries. I drove myself to the hospital after my wife picked me up at the scene. If you weren't issued a ticket then in my non-professional opinion his insurance should be dying to make retribution to you. I'm in Chicago so I can't speak for California law, but if you were a pedestrian wouldn't he be at fault? Get a lawyer and make sure you are made whole. I would think it to be an easy case in your favor. John -Original Message- From: rbw-owners-bunch@googlegroups.com [mailto:rbw-owners-bu...@googlegroups.com] On Behalf Of James Warren Sent: Saturday, January 23, 2010 1:54 PM To: rbw-owners-bunch@googlegroups.com Subject: [RBW] I was hit by car - brief request for help - slightly on-topic 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. (H
