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Old 08-11-09, 12:08 AM   #1
roca rule
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recent accident in los angeles county.

well recently i was involved in a collision with a car. my scott cr1 was broken in two and rendered useless. my question is what are the steps of dealing with it. the driver was behaving and even called the paramedics but i was unharmed with the exceptions of a few scratches. all of it changed as soon as chp arrived to the scene and the guy who i suspect was persian started making a big deal of me trying to sue him, when in reality i had been really quiet for the hour that we were waiting for. the officer took my declaration and went on to take his. the guy left pretty infuriated and told me to deal with his insurance. there are some witness that although did not see the accident heard him say it was my fault but also heard him say that he was looking for an adress and that he did not even saw me and i guess that should count to my favor. after i get the print out of the report what step should i take. i only want payment for my bike nad my bike retailed for 5,000. should i contact a lawyer or try to deal with the insurance myself what tips could you give me if i decide to go thru a without a lawyer. there was no physical damage to me and i only want to get compensation for my bike.
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Old 08-11-09, 12:17 AM   #2
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Old 08-11-09, 01:04 AM   #3
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I suggest getting a lawyer.

That is the one thing I regret not doing when I was in an accident.

Sorry about your bike and hope you can get a replacement.

Glad you're OK though.
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Old 08-11-09, 04:54 AM   #4
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Did he back into you or did you run into him?
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Old 08-11-09, 07:42 AM   #5
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Did he back into you or did you run into him?
Look at the bent-down bars and broken frame. I suspect he rear-ended the car at significant speed, and his bars hit the trunk before the frame broke. (A car backing up at slow speed would mangle the front wheel and fork but probably not do that to the bars.) Could still be the car driver's fault if the car driver cut him off.

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Old 08-11-09, 08:26 AM   #6
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who i suspect was persian
Thank you for not calling him an Arab.


Did the officer cite the driver?
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Old 08-11-09, 08:49 AM   #7
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I'm assuming Roca didn't simply rear end the car, in which case he'd be at fault.

The most likely scenario where you'd hit the rear of a car and it would be the driver's fault is if they sped past you, jumped into your lane, then braked for a turn or driveway.

Happens to me all the time. They don't realize how fast bicycles are and how much they have to slow down to make their turn. If I think someone is going to do it I move to the left of the lane.

p.s. Anyone driving a Prowler with the top down is an idiot - your visibility is ZERO
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Old 08-11-09, 09:45 AM   #8
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welll he was in front of me but stopped suddently in a 35mph zonee right on a corner. I was going 20mph and was aware and that's why only thie bike was trashed. and although he says he is not at fault there are witness thhat heard him state that he was not aware of the road.
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Old 08-11-09, 09:49 AM   #9
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Thank you for not calling him an Arab.

Did the officer cite the driver?
I am not really sure . after he took his version of the story the guy left pretty infuriated.
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Old 08-11-09, 10:18 AM   #10
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welll he was in front of me but stopped suddently in a 35mph zonee right on a corner. I was going 20mph and was aware and that's why only thie bike was trashed. and although he says he is not at fault there are witness thhat heard him state that he was not aware of the road.
That's a tough call. In a rear-end collision, fault is normally assigned to the rear-ending vehicle (yours), unless it is a clear case of "swoop and squat," a popular whiplash insurance fraud gambit. The motorist may argue that one should always leave a long enough following distance to facilitate a safe emergency stop. (I wonder if he always does. )
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Old 08-11-09, 11:44 AM   #11
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So it seems that I am going to need a lawyer any recomendation. I live in pico rivera in the san gabriel area and I need a free consultation to see if the case is winable.
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Old 08-11-09, 12:29 PM   #12
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...the guy who i suspect was persian...
Sorry, but what does his ethnicity have to do with it?
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Old 08-11-09, 12:42 PM   #13
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That doesn't look like a "swoop and squat" car to me.He doesn't have to be aware on the road,he didn't hit anybody.There's no law that says you can't slow down for whatever reason.

Pearl paint is almost impossible to match....

Good look on this one.
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Old 08-11-09, 12:53 PM   #14
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I think you're going to have a hard time assigning blame to him. You hit him. That indicates to me that you were following too closely or at an unsafe speed or not paying enough attention.

Consider an analogous situation on the freeway: you're behind Mr. Plymouth when suddenly he hits the brakes because someone tossed a sofa off their truck (I'm in the LA area, so I know this can happen). If you rear-end Mr. Plymouth, it's your fault, because you are supposed to leave sufficient stopping distance. In fact, it's lucky that the CHP didn't try to cite you in your crash.

It sucks to be sure, but from what you said and from the pictures, looks to me like you're on the hook for this one.
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Old 08-11-09, 01:20 PM   #15
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I think you're going to have a hard time assigning blame to him. You hit him. That indicates to me that you were following too closely or at an unsafe speed or not paying enough attention.
It sucks to be sure, but from what you said and from the pictures, looks to me like you're on the hook for this one.
I have to agree with this. Unless something else happened, sounds like it's your fault. I can also see why the guy would be upset.
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Old 08-11-09, 02:17 PM   #16
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Who drives a Prowler?
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Old 08-11-09, 03:12 PM   #17
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There are no skid marks in the picture you posted. The car may have been moved before you took the picture so when the car stopped were there skid marks? If not then a judge (if this goes to court) is not going to think that the car stopped suddenly. His insurance is going to be looking for you to pay for the damage to his car. You hit him. He did not hit you.
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Old 08-11-09, 03:19 PM   #18
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forget armchair quarterbacks. The simple fact you rear ended a car means nothing in itself.

I hope you got witness phone numbers or hope it's in the police report.
for the bike, you are most likely looking at small claims. You need witnesses to really overcome a deadlock.

consult a lawyer, they will tell you everything in 10 minutes.
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Old 08-11-09, 07:43 PM   #19
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There are no skid marks in the picture you posted. The car may have been moved before you took the picture so when the car stopped were there skid marks? If not then a judge (if this goes to court) is not going to think that the car stopped suddenly. His insurance is going to be looking for you to pay for the damage to his car. You hit him. He did not hit you.
It annoys me to no end to see people conclude anything because there "are no skid marks." The lack of skid marks means abolutely nothing. A car with anti-lock brakes that work will not skid no matter how hard you brake.

That said, from the brief facts the OP states, he might be able to get his bike paid for, but no more, with a well-written letter from a lawyer. Rearend collisions are tough to win.
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Old 08-11-09, 08:12 PM   #20
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Rearend collisions are tough to win.

This.
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Old 08-11-09, 08:42 PM   #21
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well to be honest i do not have visual witnesses as this happen all to quick the person that heard everything was a bussiness owner that rents tuxedos and he was the first one to come out and offer both of us water. it all seem pretty unfavorable to me. it seems by the way that he was driving i could add to the story but i really want to be honest ( "you know do unto others... "). as i mention the only damages i want to have covered are my frame and components. i do not want t cause too many problems to the guy and i am suspecting that if a lawyer gets involved the truth might get a little twisted because i do not think that a no injury accident brings him any money.
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Old 08-11-09, 08:52 PM   #22
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Sorry, but what does his ethnicity have to do with it?
nothing really. on the other hand they are really stubborn and argue even when they are wrong. well at least the one that i deal with in my line of work. this is a good point as i am hispanic and this happen in a hispanic area and he might have felt treathen. as soon as the officer got there he gott really loud an almost insulted me but behave politely when the owner of the shop was there. probably the way that he acted was due to his age and how he viewed me. he looked to be in his mid 40's to early 50's and although i am 26 people often mistake me for a minor when i shave.
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Old 08-11-09, 09:01 PM   #23
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I think you're going to have a hard time assigning blame to him. You hit him. That indicates to me that you were following too closely or at an unsafe speed or not paying enough attention.

Consider an analogous situation on the freeway: you're behind Mr. Plymouth when suddenly he hits the brakes because someone tossed a sofa off their truck (I'm in the LA area, so I know this can happen). If you rear-end Mr. Plymouth, it's your fault, because you are supposed to leave sufficient stopping distance. In fact, it's lucky that the CHP didn't try to cite you in your crash.

It sucks to be sure, but from what you said and from the pictures, looks to me like you're on the hook for this one.
the problem is there was no sofa. he was driving accelerated and then stop. believe me i have been commuting for almost two years now and my coach taught me that even when looking at the car in front of you always have to be aware of what is infront of him. as i mentioned he was not even looking at the road infront of him because he was looking for and adress when he saw the street stop at the last minute. i did get to deccelerate a bit if not the hit might have been that much worst.
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Old 08-11-09, 09:26 PM   #24
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nothing really. on the other hand they are really stubborn and argue even when they are wrong.
The guy you rear ended was saying the same thing about you to his wife.
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Old 08-11-09, 09:32 PM   #25
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well again i did not even open my mouth and just stay quiet until the cop arrived and even then he was the first one to make alegations.
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