jgf310

A week ago, today, I was involved in an accident - I was hit by a truck.

I was lucky - no serious injuries, although I am still in a lot of pain.

I posted a description in the "have you been hit..." thread:
https://www.bikeforums.net/showpost.p...&postcount=125

The driver was ultimately charged with "Failure to exercise due caution to avoid colliding with a pedestrian, or person propelling a human-powered vehicle".

This doesn't seem like much of a charge, for someone who's carelessness could easily have killed me.

It seems like he can't be charged with leaving the scene (which he did) , because he claims he didn't know he hit me, and there isn't enough evidence to show that he knew he hit me.

In the accident report, the driver claims he thought he gave me enough room..., my view is that he didn't even move over an inch. I also think he was driving quite fast for the road - being a huge truck, towing a huge trailer

Anyway, is there some more serious charge that he could be charged with - reckless driving, for example, and is there some way I can cause this to happen?

Or, should I just count my blessings, and move on?

Febs

Where did this take place?

jgf310

Connecticut.

rwp

I vote for count your blessings and move on. I'm assuming his insurance is covering your costs, right?

If he drives professionally then the "Failure to exercise due caution...." charge he's getting IS a big deal. It probably won't end his career by itself but if he's got other charges in the past, he's probably done as a truck driver. If not, then he's got to be VERY careful from this point forward. There's nothing in it for you to push for more since there really doesn't seem to be a lot of evidence to support anything more.

Heal fast and congratulations on that awesome blood pressure.

Speedo

I understand your frustration, but you've already gotten about the best you can hope for.

Speedo

SaladShooter

Are you ok? Or are your injuries being dealt with in a reasonable manner?

No reason to try and nail the guy to the wall as long as you're going to be ok and are being compensated fairly.

jgf310

My sense is also that i should move on..., but i just wanted to see if I had any reasonable options.

I guess I'm a little (maybe more than a little) annoyed that it seems the guy is getting off lightly...

As far as expenses - I haven't looked into it.

I was treated at the emergency room, and there will be a cost for that. I guess I am figuring the drivers insurance will pay it, but I haven't done anything to make that happen.

by a casual inspection, my bike seems ok - the saddle, and handle bar tapes are scuffed. the seat post is twisted, as are the handlebars. but i don't see any other scratches or anything. so i think the bike was upside down when it hit the rocks, and only made contact at the saddle and handlebars.

the bike is a carbon Specialized Roubaix - I am thinking of having the local Specialized dealer look at it.

Is there a way they can tell that the frame is ok ? i guess because it's carbon, i'm a little worried that there might be damage not easily visible to the un-trained eye.

I've been sitting around for a week in quite a bit of pain - I must have landed really hard on my tail bone, and the pain isn't really getting better as fast as i had hoped.

The road rash is healing.

My wife has been spending a lot of time looking at my butt - to change the dressings - I'm sure she feels like she deserves some sort of compensation for that...

billwatson58

Remove your posts and talk to an attorney

f4rrest

^ that's the best advice I've ever seen here.

CB HI

With no broken bones, your likelihood of getting much for pain and suffering is limited, but it is still worth it to do an initial consultation with an attorney.

Get a copy of the police report. Since it was a work truck, check the police report to see who owns the truck. If it is the employer of Mr. Hit&run, have a discussion with the company president about the incident and how lucky they are with a limited pay out; “this time”.

TempeRider

interesting - he claims "he didn't know he hit me" in one breath, and "the driver claims he thought he gave me enough room". On the surface, they sound like contradictory statements. Almost like "i gave him enough room" and "I didn't see him" at the same time. If he truly didn't know he hit you, that's perhaps worse - it indicates a serious lack of awareness of his suroundings.

None the less, he is liable, and has a big ding on his CDL (commercial drivers license) - If any monitary judgement results, he may need to change his line of work. If I was the trucking company owner, I'd be looking for a new driver...

MWPdx

You mean you've never passed someone on a bike, given them enough room, and been fairly sure you didn't hit them?

gcottay

This is not a joke. You really want to sit down and think for a bit and then do exactly as suggested.