Singlespeed & Fixed Gear - HELP, friend had accident, is on phone with me

So she got into an accident. She isn't hurt, but her bike is F'ed. The taxi driver does not want to talk to her, she called the cops and they are both waiting for the police to get there. What should she do?

Get the cops to get her the insurance information from the taxi driver. Get his tag number just in case. If she has a camera phone, take pictures. If she is hurt, have her go to an ER.

yeah get his tag number in case he wants to leave. wait for the police, they should know what to do (write up a report, etc)

^^+1. tag # is most important.

is she ok?

dude sounds like a prick

Watch the cops write up their notes for the report and then
get a copy of the police report for the subsequent battle with the Taxi
Co's insurer.

Get bystander's contact info to corroborate the **** later.

Get names and contact info for witnesses!

Man this sucks. She was biking and already was in the intersection, but didn't have the light. The taxi was going really fast. I just read that the most she can do is take it to small claims court. Can someone tell me how this works and how long the process is?

tell her not to run lights.

Man this sucks. She was biking and already was in the intersection, but didn't have the light. The taxi was going really fast. I just read that the most she can do is take it to small claims court. Can someone tell me how this works and how long the process is?

She should talk to a lawyer directly or look up the small claims court procedures
herself for your jurisdiction. Many small claims courts don't allow the parties
to be represented by attorneys. Having us tell you information which you then
relay over the phone to her could result in disinformation--assuming we know
anything to begin with, which has been the subject of debate.

Where did this all go down anyway?

62nd and 2nd in NYC

Well good news is the cops are going to be there so no wiggling out of this one for either party.

http://www.nycourts.gov/courts/nyc/smallclaims/index.shtml

enjoy

If she blew the red light, she has no right to a claim, regardless of the speed of the taxi driver.

Think of if you did this in a car.

62nd and 2nd in NYC

in that case, she ain't getting ***** and the cops don't care. sorry.

^^Are you up on NY law RS? I'm not--so I can't
say whether New York's take on
on assumption of the risk and comparative negligence
would allow her to recover something given the limited
facts we have. A plaintiff's own negligence is not
a complete bar to recovery in many situations. Especially
if the taxi was going way to fast. Safe to say none of us
on a public board could ascertain the likely outcome
unless they happen to be an att'y in NY.

tell her to get her story straight and figure out her angle. the cab is going to try to place blame on her, make sure she knows exactly what she did and can describe perfectly and convincingly why he is at fault. cops aren't the smartest individuals in the world, so it's likely that they'll be more persuaded by the most convincing story. sucks, but it works out that way every day.

if you're not hurt, the nyc cops couldn't care less. earlier this month a cyclist was hit in a hit and run. he called the cops to report it and the cop showed up and gave him a ticket for no bell.

but good luck anyway.

^^Are you up on NY law RS? I'm not--so I can't
say whether New York's take on
on assumption of the risk and comparative negligence
would allow her to recover something given the limited
facts we have. A plaintiff's own negligence is not
a complete bar to recovery in many situations. Especially
if the taxi was going way to fast. Safe to say none of us
on a public board could ascertain the likely outcome
unless they happen to be an att'y in NY.

No, but realisticly you're a ****ing ****** if you try to place the blame on a taxi that hit you WHILE you were running a red light. Semantics, nitpicking law aside.

A NYC taxi driver....shoot, we have a hard time when we collect from them when they hit a CAR. Anyways good luck.

No, but realisticly you're a ****ing ****** if you try to place the blame on a taxi that hit you WHILE you were running a red light. Semantics, nitpicking law aside.

um, yeah--right.

Actually, if the cyclist was (hypothetically) 60% at fault and
taxi driver was 40% at fault for driving like a maniac--and he
suffered no damage but her bike was trashed how would it
be unfair for her to recover 40% of the cost of a replacement--
oh wait, this is bfssfg where reason has been suspended--
never mind.

um, yeah--right.

Actually, if the cyclist was (hypothetically) 60% at fault and
taxi driver was 40% at fault for driving like a maniac--and he
suffered no damage but her bike was trashed how would it
be unfair for her to recover 40% of the cost of a replacement--
oh wait, this is bfssfg where reason has been suspended--
never mind.

I got a fender bender with a car a long time ago. I was making a U-turn and didn't see a car behind me until it was too late. The cop said the car could have been going 100 miles per hour and it still would have been my fault since he had the right of way. Percentages of fault won't matter.

I got a fender bender with a car a long time ago. I was making a U-turn and didn't see a car behind me until it was too late. The cop said the car could have been going 100 miles per hour and it still would have been my fault since he had the right of way. Percentages of fault won't matter.

Were you in NY? Did it ever occur to you that different jurisdictions have different laws?
NY had a pure comparative negligence rule for a time--may still. Plaintiff can recover
no matter what her fault, her recovery is just reduced in proportion to her fault.
And since when is a cop a final authority on the law--they are the last people I would
trust in this matter.

Trying to get cash out of a giant insurance company regardless of fault isn't being a ******bag
it is just having a good hustle as far as I'm concerned. You all can speculate as to what you think
the outcome should be--I hope this chick gets some cash however unlikely it may be. Maybe
some folks would roll over for a taxi but I would hope a NYer wouldn't--

This is mostly unrelated to the thread - sorry - but I hear in some foreign countries the driver is ALWAYS at fault when in a collision with a cyclist, no matter what the circumstances. It's a good idea if you think about it - because while a cyclist will usually get hurt pretty bad, fault or no fault, it sure as hell encourages the driver to watch the F out for us maniacs on two wheels.

I hope this chick gets some cash however unlikely it may be. Maybe
some folks would roll over for a taxi but I would hope a NYer wouldn't--

i think you mean a nyer knows it's pointless to bother. you either walk away from the accident (if you can walk) with petty cash on hand, or file a police report that never amounts to anything and forget about it. unless the driver is overwhelmingly in the wrong (under the influence, forcing traffic, burning lights), that's just the way it is in the city.

can i run a red light, and throw myself across your hood? When ur riding can i run a red light and push my cart full of cement into your path? Would i get 40% from you?

really now...lets think about this.

Regardless I hope your friend is ok, tell her to get brakes for 'oh ****' moments, and make sure she starts wearing a helmet if she isnt already.

And tell her what red means.

EDIT: And hustling from a large insurance company can add up to rates going up for all cyclists. just putting that out there.

Hopefully this bike chick will at least have to pay for the damage she caused.

Were you in NY? Did it ever occur to you that different jurisdictions have different laws?
NY had a pure comparative negligence rule for a time--may still. Plaintiff can recover
no matter what her fault, her recovery is just reduced in proportion to her fault.
And since when is a cop a final authority on the law--they are the last people I would
trust in this matter.

Trying to get cash out of a giant insurance company regardless of fault isn't being a ******bag
it is just having a good hustle as far as I'm concerned. You all can speculate as to what you think
the outcome should be--I hope this chick gets some cash however unlikely it may be. Maybe
some folks would roll over for a taxi but I would hope a NYer wouldn't--

and the next time the cab driver hits a cyclist he'll run, whether it's his fault or not.

FYI this thread could be used in court.

FYI this thread could be used in court.

in that case, let's all start posting links to ******, 2girls1cup, and lemonparty :beer:

in that case, let's all start posting links to ******, 2girls1cup, and lemonparty :beer:

http://smiliesftw.com/x/2girls.gif

if this is gonna be in court, then let me take this opportunity to inform the court that WHITEY AINT GONNA KEEP ME DOWN

Exactly how do we determine the cab drivers fault? Bike Chick can protest all she wants that he was going "wicked fast" but where is the evidence?

The only fact present are that she, by admission, had run a red light. I'd say case closed.

A valuable, yet unfortunate lesson.

This is mostly unrelated to the thread - sorry - but I hear in some foreign countries the driver is ALWAYS at fault when in a collision with a cyclist, no matter what the circumstances. It's a good idea if you think about it - because while a cyclist will usually get hurt pretty bad, fault or no fault, it sure as hell encourages the driver to watch the F out for us maniacs on two wheels.

foriegn countries like pennsylvania,this is true. :) at least i remember reading that when i took drivers ed in high school...we have rule of the road here.

I'm assuming this isnt the same in NY?

. . . You all can speculate as to what you think
the outcome should be--I hope this chick gets some cash however unlikely it may be. Maybe
some folks would roll over for a taxi but I would hope a NYer wouldn't--

Baseless tribalism.

Exactly how do we determine the cab drivers fault? Bike Chick can protest all she wants that he was going "wicked fast" but where is the evidence?

The only fact present are that she, by admission, had run a red light. I'd say case closed.

A valuable, yet unfortunate lesson.

Exactly.

The level of immaturity, personal irresponsibility, and sense of entitlement on BFSSFG is simply shocking. It's time for you kids to grow up and realize that you are responsible for your actions and there are actually consequences to those actions.

sorry dad

sorry dad

If you act like a child don't b!tch when people treat you like one, plain and simple.

Maybe
some folks would roll over for a taxi but I would hope a NYer wouldn't--

No matter how much you hate someone, if it's not their fault then they shouldn't shoulder the blame. Probably the greatest mark of maturity is when you can acknowledge when your enemies are at fault and when they aren't. Otherwise, what's to stop justice from being further subjective and open to personal interpretation?

you're right,dad, now can i have the car keys?

I am glad your friend is ok. It sounds like she got out of this one cheap, IMO. If all you loose in a car-cyclist collision is a bike, I would count myself lucky.

you're right,dad, now can i have the car keys?

Why are you being an immature little prick?

Why are you being an immature little prick?

lol, pops, lighten up. I agree with you. I was just making a tongue in cheek joke about the general population on this board, and where they hear these kinds of things from. Im sorry i didnt let you know i was joking, i guess it wouldve ruined it for me.

to let my serious opinion be known: OP's friend made a no no running a sketchy light. She doesnt deserve to have a new bike paid for, unless her state has some law set up for cyclist liability as previously discussed. BAD OP's friend. You should be more cautious!!

Oh, and if you dont like me, just put me on ignore and forget me. big deal. i dont even see how what i said was insulting to you at all. so, whatever.

lol, pops, lighten up. I agree with you. I was just making a tongue in cheek joke about the general population on this board, and where they hear these kinds of things from. Im sorry i didnt let you know i was joking, i guess it wouldve ruined it for me.

to let my serious opinion be known: OP's friend made a no no running a sketchy light. She doesnt deserve to have a new bike paid for, unless her state has some law set up for cyclist liability as previously discussed. BAD OP's friend. You should be more cautious!!

Oh, and if you dont like me, just put me on ignore and forget me. big deal. i dont even see how what i said was insulting to you at all. so, whatever.

Wow, that was really cleaver of you. Your wit is boundless. :rolleyes:

Seriously, why be a troll?

seriously, why lecture people on the internet? like they're gonna listen...

truff!

She should try her best to get what she can. No one can compare their situation to her's as the out come of every situation is different, and on the "moral" side of this discussion do you think the cabby would be acting any differently if she had the green light and he flew through the red? hell no, he'd be the same ****ing prick he is today. I also think what she could have done is no longer the issue as it's already done ;) kaiju-velo has the right idea, just tell her to try to do what she can and no matter what she not only came out of this alive and uninjured but she also learned a lesson, she knows what it is so I wont mention it :) cough! stop at red lights! cough! cough! ;)

seriously, why lecture people on the internet? like they're gonna listen...

Because the OP asked for opinions, and I gave mine. Must have hit a nerve.

I guess I'm confused here. Did she actually blow through a red light, or did she start going through on a green that had changed to red by the time she got hit?

I've been in too many situations where the light doesn't last long enough for me to get even halfway across the intersection before the light's turned red for me to automatically assume that the OP's friend did not start off having the right of way.

East Hill

I guess I'm confused here. Did she actually blow through a red light, or did she start going through on a green that had changed to red by the time she got hit?


Yeah completely ignoring the fact that there is Yellow in between green and red? Anyways.

yeah, what exactly was the situation with the light? It could be anything.

I know I've had one close call where I saw the other light was yellow and so mine was gonna turn green, so I was going full speed just entering the intersection as it turned green, and it just so happened that a car going the other direction didn't stop for the yellow/red and I almost got into a crash.