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Advocacy & Safety Cyclists should expect and demand safe accommodation on every public road, just as do all other users. Discuss your bicycle advocacy and safety concerns here.

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Old 07-13-10, 09:16 AM   #1
Buffybike
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Hit by a car last Friday--

I got hit by a car last Friday. The driver, an 87 year old woman who'd lost her license due to poor vision, rear ended me at around 30 mph. And she only got a ticket. I, on the other hand, got a ride to the ER with mulitiple contusions, a wrecked bike and a cracked helmet. She DID get a misdemeanor charge for riding with a revoked license--which apparently is more serious than actually hitting someone in FL.
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Old 07-13-10, 09:29 AM   #2
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Be glad that's all you ended up with. I was hit last month and I have a fractured ankle, three fractured vertabrae, severe concussion and tons of road rash.

The thing is, they (state of Florida) only consider the incident an accident if the person stops and renders aid, and can only give a ticket. The driver that hit us continued on, so he is facing felony charges.

Sucks that you got hit, hope you are able to continue riding.
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Old 07-13-10, 09:56 AM   #3
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Dont hate Grandma. Its not her fault you were riding in her blind spot.


Too soon for jokes? If so Im sorry.
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Old 07-13-10, 10:33 AM   #4
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I hope you make a complete recovery.

Were you rolling or stopped when you were hit? Did you see it coming?
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Old 07-13-10, 12:16 PM   #5
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Unless she's got a whole stack of DWR, she's probably just going to get a fine for that. $500-$1000 would be my guess.

Be back out on the road soon enough I'd wager.
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Old 07-13-10, 12:27 PM   #6
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She should also get charged with reckless driving, which is clearly the case if her vision is inadequate for safe driving, and she knew it.

Sue her for her car.
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Old 07-13-10, 12:45 PM   #7
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But we dont believe in driving cars here. We also dont believe in wasting them either. So we can melt it down and build a cycling structure across the ocean to connect continents.
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Old 07-13-10, 02:41 PM   #8
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Buffybike, sorry about your injuries. Your best course of action is with her insurance company. She did get charged with a criminal act and got charged with a major traffic ticket on top of that. What more would you expect?

However, as far as her rear-ending you, a jury would never convict her of anything more than reckless driving. Even that charge might be hard to stick in a court of law, a jury would feel sympathy for her and not you.
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Old 07-13-10, 03:19 PM   #9
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Buffybike, sorry about your injuries. Your best course of action is with her insurance company. She did get charged with a criminal act and got charged with a major traffic ticket on top of that. What more would you expect?

However, as far as her rear-ending you, a jury would never convict her of anything more than reckless driving. Even that charge might be hard to stick in a court of law, a jury would feel sympathy for her and not you.
She had no license, its likely he didnt renew her insurance. hes screwed, likely going to be fronted with all the bills because she probably has no money in the first place.

this is exactly what happened to me when I was hit about 7 months ago. And so far I've recieved 120 dollars in compensation. and I am slowly paying off all the bills because she didnt pay her premiums.
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Old 07-13-10, 10:55 PM   #10
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If her license were revoked, she wouldn't have insurance (if she can't drive legally, the insurance company and the state won't cover illegal drivers).

With no insurance, yes, you're out of luck financially. (If your only injuries at 30mph are contusions, this actually sound like good luck).

I'd sue her anyway; you have a small chance of collecting, and you may be able to sue at minimal cost (probably small claims court). If she was driving without a license it will be hard for even small claims courts to award her damages because you blocked her way.
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Old 07-14-10, 02:18 AM   #11
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Originally Posted by Buffybike View Post
I got hit by a car last Friday. The driver, an 87 year old woman who'd lost her license due to poor vision, rear ended me at around 30 mph. And she only got a ticket. I, on the other hand, got a ride to the ER with mulitiple contusions, a wrecked bike and a cracked helmet. She DID get a misdemeanor charge for riding with a revoked license--which apparently is more serious than actually hitting someone in FL.
Was it her "old" car, a family members car, or a friends car? How long ago did she lose her license? If it wasn't her car it is reasonable to presume that the person who let her drive theirs knew that she was no longer a licensed driver and they too should be held accountable for her actions behind the wheel. I'd go after their insurance as well.
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Old 07-14-10, 02:25 AM   #12
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She should also get charged with reckless driving, which is clearly the case if her vision is inadequate for safe driving, and she knew it.

Sue her for her car.
Given that that is why she lost her license in the first place it is safe to say that she knows it.
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Old 07-14-10, 02:29 AM   #13
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Originally Posted by gpsblake View Post
Buffybike, sorry about your injuries. Your best course of action is with her insurance company. She did get charged with a criminal act and got charged with a major traffic ticket on top of that. What more would you expect?

However, as far as her rear-ending you, a jury would never convict her of anything more than reckless driving. Even that charge might be hard to stick in a court of law, a jury would feel sympathy for her and not you.
No license, so no insurance. If the car wasn't her's I'd sue the insurance of whoever car it was.

Sadly you might be right about that. Unless there are people on the jury with small children who recognize an 87-yr old legally blind woman as a threat to their children's safety.
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Old 07-14-10, 02:32 AM   #14
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If her license were revoked, she wouldn't have insurance (if she can't drive legally, the insurance company and the state won't cover illegal drivers).

With no insurance, yes, you're out of luck financially. (If your only injuries at 30mph are contusions, this actually sound like good luck).

I'd sue her anyway; you have a small chance of collecting, and you may be able to sue at minimal cost (probably small claims court). If she was driving without a license it will be hard for even small claims courts to award her damages because you blocked her way.
I'd sue her and given her age I'd be paying attention to the obits and when she passes make sure the executor of her estate knows about her outstanding financial obligation to you. As sadly you may have to wait until she dies in order to collect.

To anyone who has been hit by an unlicensed, un or underinsured motorist file a claim in small claims court, and if you have to scan the obits on a regular basis and when they pass present the bill to their estate. As even if the person dies that doesn't wipe out the debt.

Last edited by Digital_Cowboy; 07-14-10 at 03:03 AM.
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Old 07-14-10, 07:07 AM   #15
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This isn't going to be a small claims court case. The hospital bills are going to be quite high, and if they're covered by your insurer, your insurer will be pursuing an action for recoupment from her or her insurer. Stop talking about it with us and talk to your insurer or, especially if you don't have insurance, a good personal injury attorney (preferably not one on a billboard).
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Old 07-14-10, 04:03 PM   #16
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Buffybike, sorry about your injuries. Your best course of action is with her insurance company. She did get charged with a criminal act and got charged with a major traffic ticket on top of that. What more would you expect?

However, as far as her rear-ending you, a jury would never convict her of anything more than reckless driving. Even that charge might be hard to stick in a court of law, a jury would feel sympathy for her and not you.

Assuming she still has an insurance company considering her licence has been yanked.
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Old 07-14-10, 06:36 PM   #17
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Please contact your insurance company. In Florida, your PIP coverage will pay. Also, if you have UIM coverage, you may get compensated from that as well.
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