Road Bike Racing - Got hit by a car last night...

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I was finishing up a ride, and already strategizing about the crit I was registered to race this morning. I was one block from my apartment.
I was on the shoulder of the right lane of a three lane one way. She pulled up alongside me and then TURNED RIGHT in front of me. Initially I thought I hit her front quarter panel, but actually, I think she hit me with the right front of her car. I remember her squeezing up next to me, and her headlights lighting up my front wheel, before I flew over her car. I was doing about 19-20, and she was probably doing 15. I went over her hood and landed on the street. I've got road rash and a lump on my head. The police took the bike away. The Toupe was torn free of the rails, the rear wheel is bent and the right brifter is pushed over.
The only way I could get the cops to come was if I asked for ambulance, so I did. Having heard the horror stories of people driving away without even a license number, and no established fault, I knew I had to get the fuzz. They took a report, and hopefully she's at fault. I had lights on my bike, and I can't imagine how I'd be culpable for what happened.
Here's the rub. The ambulance has to take you in if you've been involved in a Car vs. Bike accident at over 5 mph. They put me on the back board and the whole nine. I was at the hospital for 4 hours. I just hope that her insurance pays for bike and all the medical bills. My thumb feels like it's broken, but according to the x-rays it's not. I guess, when I comes to possible broken bones/head injuries, better safe than f**ked up.
Do I now call the police or her insurance first?
GuitarWizard
06-16-07, 04:02 PM
Get a police report, and then go to her insurance company and discuss the matter.
I'd get the process started by calling the police, getting the report on the incident, and making sure it listed her as being at fault. Of course, you're going to want to get the info on where to collect your bike. Once you see the report, and can say for certain that it's her fault, then call the insurance co, and get the process started. If they give you the runaround, call a lawyer, and let them sort it out.
jfmckenna
06-17-07, 09:32 AM
The only way I could get the cops to come was if I asked for ambulance, so I did.
Whaaaaa???? Thats crazy! Hope you heal up fast and get what you deserve back. You got the classic right hook, almost happened to me a few times. You had front and rear light right? Was it totally dark?
blonduathlongrl
06-17-07, 09:38 AM
definitly police first, Im very sorry to hear that, AND Im mad:mad:
happy to hear there is no serious injury and I really hope she pays for everything!
transplant
06-17-07, 11:38 AM
i was involved in a wreck at the track on thursday and am out for a week. it sucks to be siting around doing nothing. heal fast dude.
ElJamoquio
06-17-07, 11:43 AM
Good luck to both of you.
Whaaaaa???? Thats crazy! Hope you heal up fast and get what you deserve back. You got the classic right hook, almost happened to me a few times. You had front and rear light right? Was it totally dark?
I did have front and rear lights, and it was dark. Yeah, the dispatcher said that they don't send an officer if there's no ambulance called. Crazy.
serpico7
06-17-07, 12:27 PM
I was on the shoulder of the right lane of a three lane one way. She pulled up alongside me and then TURNED RIGHT in front of me. Initially I thought I hit her front quarter panel, but actually, I think she hit me with the right front of her car. I remember her squeezing up next to me, and her headlights lighting up my front wheel, before I flew over her car. I was doing about 19-20, and she was probably doing 15. I went over her hood and landed on the street.
I'm trying to visualize what happened. She pulled alongside you, and then slowed down 5mph and still managed to hit you even though she was going 7 per second slower than you. I don't expect your speed estimates to be very accurate, but if the driver pulled up alongside you and then slowed down just before the intersection, wouldn't you expect that the driver might be turning? And if she had dropped off a lot, she couldn't have hit you, unless you slowed down a lot, but that doesn't sound consistent with your description. So she must have been close to alongside you when she turned into you - but that's also inconsistent with your description.
I guess I'm confused as to exactly how this happened. Maybe she was behind you the entire time and then sped up (going faster than you) just before the intersection and then slowed down a lot to take the turn? But in that case, you wouldn't have seen her car at all until maybe 1 second before she actually hit you - does that sound about right?
schnabler1
06-17-07, 06:22 PM
Police reports are not what determine liability ultimately. The claims investigators do. Report it to her insurance company. If they don't accept liability, report it to your own insurance. Or do the attorney thing if you don't want to bother with all that. He'll take about 30% of your settlement.
asmallsol
06-17-07, 07:03 PM
Get a detailed police report ASAP. When I was in HS, a lady ran threw a red light turning right and hit me as I was crossing the street at the light (light said walk for me) and hit me. I was on my BMX of the time and a peg was lodged from under her bumper. Some passer by asked if I was alright, the lady got out checked her car first. So I ripped my bike out as hard as I could and crack her bumper in the process. Ambulance came real fast and they put me in before the police arrived. The police interviewed the woman and the woman swears the light was green for her. No one else out of one of the busy streets in the city saw anything so it was my word against hers. So they didn't know who to assign blame to and wrote the thing up as no fault. That means I was stuck with a $500 1 mile ambulance ride.
merlinextraligh
06-18-07, 06:14 AM
I'm trying to visualize what happened.
It sounds pretty much like a classic right turn squeeze. Car passes, either pays no attention,or totally misjudges your speed, and turns in front of you without sufficient clearence.
It's definitely something to be aware of at intersections, but I don't think you can say the failure to anticipate someone turning illegally in front of you constitutes fault on the rider's part.
serpico7
06-18-07, 08:53 AM
It sounds pretty much like a classic right turn squeeze. Car passes, either pays no attention,or totally misjudges your speed, and turns in front of you without sufficient clearence.
It's definitely something to be aware of at intersections, but I don't think you can say the failure to anticipate someone turning illegally in front of you constitutes fault on the rider's part.
The OP's description makes it pretty clear that he had the right of way, so I'm not suggesting that he was at fault and the driver was not. I'm no cager-lover - in fact, I think the hurdles to obtaining and maintaining a driver's license are far too low, and is a large part of the reason why drivers are so inattentive - if X number of moving violations, etc., would result in a suspended/revoked license, they would cut back on cell phone calls, applying makeup, eating, etc., while driving.
What I'm getting at is whether or not the accident was avoidable. If the driver had pulled up just ahead of the OP and then decelerated just before the intersection, that might indicate to a cyclist that this cager is about to turn right and may or may not have seen the cyclist. We've all been in situations similar to this (and I grant that slight differences in various similar situations are the difference between a close call and an accident), and most of us would either try to make eye contact with the driver or slow enough to see if the driver is indeed preparing to make that turn.
jyossarian
06-18-07, 11:46 AM
All traffic accidents are avoidable if you don't leave the house. Sounds like the driver just plain forgot about you as soon as you were out of their field of vision. Even being next to her doesn't mean she'd see you or register what she saw.
serpico7
06-18-07, 02:11 PM
All traffic accidents are avoidable if you don't leave the house. Sounds like the driver just plain forgot about you as soon as you were out of their field of vision. Even being next to her doesn't mean she'd see you or register what she saw.
Correct, but I wasn't wondering whether the cager could have avoided the accident.
I don't think the driver saw me until I was flying over her hood.
2Tired2Shift
06-18-07, 07:36 PM
I was finishing up a ride, and already strategizing about the crit I was registered to race this morning. I was one block from my apartment.
I was on the shoulder of the right lane of a three lane one way. She pulled up alongside me and then TURNED RIGHT in front of me. Initially I thought I hit her front quarter panel, but actually, I think she hit me with the right front of her car. I remember her squeezing up next to me, and her headlights lighting up my front wheel, before I flew over her car. I was doing about 19-20, and she was probably doing 15. I went over her hood and landed on the street. I've got road rash and a lump on my head. The police took the bike away. The Toupe was torn free of the rails, the rear wheel is bent and the right brifter is pushed over.
The only way I could get the cops to come was if I asked for ambulance, so I did. Having heard the horror stories of people driving away without even a license number, and no established fault, I knew I had to get the fuzz. They took a report, and hopefully she's at fault. I had lights on my bike, and I can't imagine how I'd be culpable for what happened.
Here's the rub. The ambulance has to take you in if you've been involved in a Car vs. Bike accident at over 5 mph. They put me on the back board and the whole nine. I was at the hospital for 4 hours. I just hope that her insurance pays for bike and all the medical bills. My thumb feels like it's broken, but according to the x-rays it's not. I guess, when I comes to possible broken bones/head injuries, better safe than f**ked up.
Do I now call the police or her insurance first?
The ambulance (personell) don't HAVE to take you anywhere. You can always decline medical treatment, as long as you are mentally competent to do so.
serpico7
06-19-07, 06:00 PM
I don't think the driver saw me until I was flying over her hood.
Did you see the driver before she hit you? If so, how far before the intersection?
CHIROMED0
06-21-07, 01:53 PM
Oh no, H377 no. You call Bob Mionske (http://www.bicyclelaw.com/html/index.html)... or find a cyclist/ PI lawyer. That hospital ride is $1K, your bike $2K-4K, ER visit $2K - $10K, Ortho visit $1K (first visit) and if you need surgery $6-12K....give me a break. You think "her" insurance company wants to pay YOU anything? Most of the time, unless she admits fault then they don't even care what she said the automatic answer is no You're at least partially responsible. Call the lawyer...sometimes just a nice friendly letter to remind them that litigation raises the tab ALOT will be enough for them to wise up. However, they will quit talking to you as soon as you have representation...and it will take a year to get paid.
P.S. Watch what you admit to on this forum.....
massimo
06-21-07, 02:20 PM
I hope you called 911. If getting hit by a car is not an emergency I don't know what is.
Sucks, Yep. Where was this? Was it in town?
VT Biker
06-21-07, 02:38 PM
I was finishing up a ride, and already strategizing about the crit I was registered to race this morning. I was one block from my apartment.
I was on the shoulder of the right lane of a three lane one way. She pulled up alongside me and then TURNED RIGHT in front of me. Initially I thought I hit her front quarter panel, but actually, I think she hit me with the right front of her car. I remember her squeezing up next to me, and her headlights lighting up my front wheel, before I flew over her car. I was doing about 19-20, and she was probably doing 15. I went over her hood and landed on the street. I've got road rash and a lump on my head. The police took the bike away. The Toupe was torn free of the rails, the rear wheel is bent and the right brifter is pushed over.
The only way I could get the cops to come was if I asked for ambulance, so I did. Having heard the horror stories of people driving away without even a license number, and no established fault, I knew I had to get the fuzz. They took a report, and hopefully she's at fault. I had lights on my bike, and I can't imagine how I'd be culpable for what happened.
Here's the rub. The ambulance has to take you in if you've been involved in a Car vs. Bike accident at over 5 mph. They put me on the back board and the whole nine. I was at the hospital for 4 hours. I just hope that her insurance pays for bike and all the medical bills. My thumb feels like it's broken, but according to the x-rays it's not. I guess, when I comes to possible broken bones/head injuries, better safe than f**ked up.
Do I now call the police or her insurance first?
Also - sue her a$$ for mental anguish caused by both the incidence, the injury, the loss of a cherished bike and the fact that you could not ride (denying you of the one thing that kept you from teetering over into massive depression). Make her pay.
orcanova
06-22-07, 06:54 AM
Her insurance will probably calling you to try and settle and pre-empt you getting a lawyer. One you're lawyered up, they can't negotiate a settlement with you directly....they have to talk to your lawyer...
Usually a driver has to treat you like any other vehicle, so if she pinched you she is at fault. Also, some states treat cyclists as pedestrians, in terms of insurance, so the drivers insurance, by law, pays all medical bills regardless of fault. I had a collision with a car in NY state and that's how it went down with me.
Even though I was partially at fault, the day after the accident her insurance called, told me they were responsible for all my medical bills (I was hauled away in an ambulance and was now on crutches for a torn quad muscle), talked me out of getting lawyered up, and promised full settlement on my bike to my satisfaction. My custom built TT frame was pretzeled...it cost me $3200 to build originally, and the woman's insurance gave me $4500. All was good.
Good luck.
orcanova
06-22-07, 06:57 AM
Oh no, H377 no. You call Bob Mionske (http://www.bicyclelaw.com/html/index.html)... or find a cyclist/ PI lawyer. That hospital ride is $1K, your bike $2K-4K, ER visit $2K - $10K, Ortho visit $1K (first visit) and if you need surgery $6-12K....give me a break. You think "her" insurance company wants to pay YOU anything? Most of the time, unless she admits fault then they don't even care what she said the automatic answer is no You're at least partially responsible. Call the lawyer...sometimes just a nice friendly letter to remind them that litigation raises the tab ALOT will be enough for them to wise up. However, they will quit talking to you as soon as you have representation...and it will take a year to get paid.
P.S. Watch what you admit to on this forum.....
I disagree. If you play hard ball from the get go so will they. Wait and see if they try to settle in your favor from the start. If they start acting all ass, then you get the lawyer.
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