Bikeforums.net is a forum about nothing but bikes. Our community can help you find information about hard-to-find and localized information like bicycle tours, specialties like where in your area to have your recumbent bike serviced, or what are the best bicycle tires and seats for the activities you use your bike for.ChezJfrey
10-27-03, 11:36 AM
Although the subject poses a question, I don't really expect an answer - I rather just want some views, opinions or thoughts you might have regarding anything brought up in the remainder of my post. And though this might be a bit lengthy, I'll try to lighten up with a bit of humor at the conclusion.
I was hit by an auto on my commute home Friday evening. I ride 25 miles, round trip, each workday. I have had many close calls over the years, but a recent flurry of collisions within the last few months has gotten me a bit rattled. I have been hit four times within the last four months. These are also the only four times I have been hit.
The first three incidents were relatively minor. I was overtaken twice by vehicles that immediately turned into my path (the infamous right-hook. . . or left-hook for you left-siders). Actually, this has happened many times, but only twice was I unable to avoid actually colliding with the vehicle. Since I can usually react and maneuver quickly enough to avoid people that do this to me, I didn't suffer much damage the two times I was unable to avoid the collision.
I was also side-swiped by a slow-moving bus that I was passing while riding in a painted bike lane. I noticed the bus moving closer to me, but there were no nearby bus-stops. I quickly braked and moved as close to the curb as possible and the last few feet of the bus brushed my left side. Evidently, the bus was making room for vehicles in the next lane over.
In the first right-hook incident and the bus side-swipe, both my bike and I emerged unscathed. The second right-hook left my bike somewhat wrecked, but I received only a scratched knuckle and a bruised elbow. I ride often enough, and have ridden a motorcycle long enough that I can usually sense, judge and react well enough to give myself opportunity to escape. Given the amount of near-misses I (and others) have, these are necessary survival skills.
This recent crash in Friday left me a bit bent out of shape, both physically and mentally. I was travelling in a well-defined, painted bike lane on a wide highway with two lanes for each direction, a center turn lane. Traffic was moderate, visibility was excellent and the sun was shining - In other words, there is no conceivable reason I would not be noticed. I ride a white bike with red trim and two rear panniers. I wear a red helmet and a red/white checked jersey. I have two headlights and two red, blinking tail-lights - one on my helmet and one under my seat and they are lit regardless of day or night. I was literally mowed down in a spot where no auto travelling in my direction should be; I was in the middle of the bike lane. And I wasn't just clipped by the mirror, or brushed aside by the truck. He plowed diagonally right into me. I never saw or heard the thing coming and I was thrown immediately to the pavement. I was lucky that I wasn't run over by the rear wheels.
I'll spare the majority of detail concerning the aftermath - or rather my vocabulary. But in summary, a witness stopped the culprit, and called the police. The driver was issued a citation for failure to yield to a bike lane. I (and all my momentum built from speed and the force of being thrown by a truck) landed squarely on my left hip. I also scraped and bruised my left knee, shoulder, elbow and back. Surprisingly, my shifters, handlebars and stem were twisted up a bit, but looked salvageable if I were inclined to continue cycle-commuting the next week - I bore the brunt of the impact, I guess.
The officer spoke to the man driving and explained that he is not supposed to drive in the bike lane and must yield to anyone travelling in it. The driver commented to me, "Man, I never saw you, man. The sun was in my eyes."
I asked if he had ever been a former Miss America. . . this was lost on both the officer and the driver. At this point, my leg and hip really starting hurting while I was limping around so I found a place to sit.
The officer commented that my muscles must be tightening up and I'd probably feel a bit worse the next day. She then explained that she was not investigating the accident or submitting an accident report to the Department of Motor Vehicles because there was less than $1,000 damage. She issued him his violation and gave us both a copy of a, "Traffic Crash Exchange Report," with contact/witness and insurance information.
I went to a bike shop on Saturday and explained that I wanted them to check the bike out and let me know if I could continue riding it, and that I wanted a damage estimate for insurance. I had this done a month earlier by an affiliated shop for my last ordeal and they agreed. When I later returned to the shop, the mechanic said everything was workable and he had straightened the shifters and stem at no charge. I thanked him for that. He then gave me a copy of the damage report with replacement costs for the pair of shifters, new bar tape and installation labor, and a replacement buckle for my Sidi Genius shoes. He explained that he didn't feel comfortable listing replacement shoes or the other clothing I had brought.
Now I'm a bit incensed, but I thanked him and walked out.
The last shop I took my bike said the same thing about my scratched bars/pedals/shifters. They were "usable" so they didn't feel comfortable issuing a damage report for insurance. I told them to contact the adjuster because she had just taken photos of the very same items just hours before and she agreed that they should be replaced. As an aside, the adjuster told me that her brother was a triathlete and he had been hit by an auto once before. She was quite understanding of my situation as a result.
So what follows are my rants and concerns:
I tried to be fair and reasonable with my last claim. The shop had to order a replacement rear wheel for me, but I wanted to continue riding, so I paid for a temporary wheel they could offer out of stock. The only wheel on the claim was the replacement on order. I only want my bike and gear in the condition it was in at the start of the ride. Why are the shops reluctant to list items that are usable? Why must I compromise? If a car were sideswiped, and the damage was limited to cosmetic, no one questions that the paint should be restored. My Sidi shoes cost nearly $190 and my left one looks like someone held it to a metal grinder. My right one is near perfect. I think I should get a new pair of shoes. And I should also get a new longsleeve jersey because of the holes in the sleeve. Sure, the holes are small, but they'll get bigger and besides, they weren't there until I was thrown to the ground.
Granted, only the shop is reluctant at this point. The insurance in my last case never questioned replacing the damaged components. But I'm starting to rethink my purchase of the temporary wheel as a result of this recent episode because I'm starting to question my position of what is "reasonable." I continue to ask myself why I should compromise anything - I did nothing wrong. If I want to continue riding and a matching wheel must be ordered, then I why shouldn't the party responsible for my plight pay for both?
I'm also upset that the officer didn't chastise the driver in my recent collision when he claimed that he couldn't see because the sun was in his eyes. First, I was going the same way he was, and looking at the same view and I could see fine. But even if this were not so, why is it acceptable to claim this, and how does this absolve fault? Why is it commonly understood that if you can't see, you can just point your vehicle, press the gas and hope for the best? Because, well, if you hit anything, you probably won't get hurt too bad because you're enclosed in your protective box with seatbeltls and an airbag? It's a ridiculous excuse, but it worked for this guy, it worked for Miss America 2001 and it's worked for counless others. I didn't bring it up during the incident because I didn't feel it my place to tell the officer her job, though I probably should have. However, I intend to see if she has an email address at the bureau and tactfully suggest that she might want to condemn the practice of proceeding ahead when drivers can't see.
So, I'm contemplating seeking a lawyer's counsel for this one, and possibly revisiting my incident from last month (I cashed the check, but never signed their waiver). I have seen some comments on this forum that indicate a civil suit may be the only form of justice we can use to "teach" people. I don't necessarily subscribe to this view even now. Partly, because I would have to endure much suffering at this rate to teach every lax driver in the Portland area - I would have to get hit by each and every one. But again, I don't think I should have to endure anymore. Why am I the one that has to, "suck it up?" Why am I expected to be reasonable or compromise in the spirit of fairness? I received a query from the adjuster of my last claim when she left me a message from her last call. She asked if I wanted compensation for the discomfort to my knuckle.
I never called her back because I felt that was ridiculous, I just cashed the check they sent. This time is a bit different. I walk with difficulty. I rode into work today, but it wasn't easy or speedy. . . it just feels better than walking and I'm not going to drive because my wife may need the car; she's pregnant ten months and cares for our 2 year old daughter. I suck it up because it's part of who I am. . . I like to think I'm tough. And really, at this point it's merely some soreness of surrounding muscles that have contracted - I don't think I'm hurting myself any. I visited the ER and nothing is broken - I may experience bursitis, but even that wouldn't be chronic. But again, why should I be expected to, "tough it out?" Why shouldn't I receive some monetary compensation above my medical expenses? I'm not looking for exorbitent sums of cash, but I shouldn't have to limp around for nothing either.
And how am I as an example to those around me? No one I know at work is ever going to ride to work because of the perceived danger (and I nearly convinced one of my peers that lives just down the street from me). And I can't fault them. I have to admit that I am starting to feel some skepticism myself. My wife admitted that she broke down in tears yesterday on the phone with her mother. We've got two children (almost) and she's worried sick. It's hard to convince her that the former episodes were minor and there really wasn't much danger; all she knows is that cars are hitting me and it could be deadly. And she's right - this last one was unforseeable, unavoidable and potentially lethal if I had fallen in the path of his rear wheels.
So that's it - I'm probably going to consult with counsel to discuss some reasonable options, but then again, I may just resort to dealing with the insurance myself again.
And as promised, the small bit of humor:
My wife and I (she really is a good sport about this) came up with the following tactics to hopefully gain me a wider berth on the roads:
Much like the senior high school/college football (American) teams or fighter pilots, I could start mounting auto-shaped stickers on my helmet to represent my "hits".
I could start wearing jerseys emblazoned with the logos of all my insurance company "sponsors" that pay me to ride.
This jersey would also prominantly display my cumulative settlement figure and label it as such, "Settlements to Date."
I was hit by an auto on my commute home Friday evening. I ride 25 miles, round trip, each workday. I have had many close calls over the years, but a recent flurry of collisions within the last few months has gotten me a bit rattled. I have been hit four times within the last four months. These are also the only four times I have been hit.
The first three incidents were relatively minor. I was overtaken twice by vehicles that immediately turned into my path (the infamous right-hook. . . or left-hook for you left-siders). Actually, this has happened many times, but only twice was I unable to avoid actually colliding with the vehicle. Since I can usually react and maneuver quickly enough to avoid people that do this to me, I didn't suffer much damage the two times I was unable to avoid the collision.
I was also side-swiped by a slow-moving bus that I was passing while riding in a painted bike lane. I noticed the bus moving closer to me, but there were no nearby bus-stops. I quickly braked and moved as close to the curb as possible and the last few feet of the bus brushed my left side. Evidently, the bus was making room for vehicles in the next lane over.
In the first right-hook incident and the bus side-swipe, both my bike and I emerged unscathed. The second right-hook left my bike somewhat wrecked, but I received only a scratched knuckle and a bruised elbow. I ride often enough, and have ridden a motorcycle long enough that I can usually sense, judge and react well enough to give myself opportunity to escape. Given the amount of near-misses I (and others) have, these are necessary survival skills.
This recent crash in Friday left me a bit bent out of shape, both physically and mentally. I was travelling in a well-defined, painted bike lane on a wide highway with two lanes for each direction, a center turn lane. Traffic was moderate, visibility was excellent and the sun was shining - In other words, there is no conceivable reason I would not be noticed. I ride a white bike with red trim and two rear panniers. I wear a red helmet and a red/white checked jersey. I have two headlights and two red, blinking tail-lights - one on my helmet and one under my seat and they are lit regardless of day or night. I was literally mowed down in a spot where no auto travelling in my direction should be; I was in the middle of the bike lane. And I wasn't just clipped by the mirror, or brushed aside by the truck. He plowed diagonally right into me. I never saw or heard the thing coming and I was thrown immediately to the pavement. I was lucky that I wasn't run over by the rear wheels.
I'll spare the majority of detail concerning the aftermath - or rather my vocabulary. But in summary, a witness stopped the culprit, and called the police. The driver was issued a citation for failure to yield to a bike lane. I (and all my momentum built from speed and the force of being thrown by a truck) landed squarely on my left hip. I also scraped and bruised my left knee, shoulder, elbow and back. Surprisingly, my shifters, handlebars and stem were twisted up a bit, but looked salvageable if I were inclined to continue cycle-commuting the next week - I bore the brunt of the impact, I guess.
The officer spoke to the man driving and explained that he is not supposed to drive in the bike lane and must yield to anyone travelling in it. The driver commented to me, "Man, I never saw you, man. The sun was in my eyes."
I asked if he had ever been a former Miss America. . . this was lost on both the officer and the driver. At this point, my leg and hip really starting hurting while I was limping around so I found a place to sit.
The officer commented that my muscles must be tightening up and I'd probably feel a bit worse the next day. She then explained that she was not investigating the accident or submitting an accident report to the Department of Motor Vehicles because there was less than $1,000 damage. She issued him his violation and gave us both a copy of a, "Traffic Crash Exchange Report," with contact/witness and insurance information.
I went to a bike shop on Saturday and explained that I wanted them to check the bike out and let me know if I could continue riding it, and that I wanted a damage estimate for insurance. I had this done a month earlier by an affiliated shop for my last ordeal and they agreed. When I later returned to the shop, the mechanic said everything was workable and he had straightened the shifters and stem at no charge. I thanked him for that. He then gave me a copy of the damage report with replacement costs for the pair of shifters, new bar tape and installation labor, and a replacement buckle for my Sidi Genius shoes. He explained that he didn't feel comfortable listing replacement shoes or the other clothing I had brought.
Now I'm a bit incensed, but I thanked him and walked out.
The last shop I took my bike said the same thing about my scratched bars/pedals/shifters. They were "usable" so they didn't feel comfortable issuing a damage report for insurance. I told them to contact the adjuster because she had just taken photos of the very same items just hours before and she agreed that they should be replaced. As an aside, the adjuster told me that her brother was a triathlete and he had been hit by an auto once before. She was quite understanding of my situation as a result.
So what follows are my rants and concerns:
I tried to be fair and reasonable with my last claim. The shop had to order a replacement rear wheel for me, but I wanted to continue riding, so I paid for a temporary wheel they could offer out of stock. The only wheel on the claim was the replacement on order. I only want my bike and gear in the condition it was in at the start of the ride. Why are the shops reluctant to list items that are usable? Why must I compromise? If a car were sideswiped, and the damage was limited to cosmetic, no one questions that the paint should be restored. My Sidi shoes cost nearly $190 and my left one looks like someone held it to a metal grinder. My right one is near perfect. I think I should get a new pair of shoes. And I should also get a new longsleeve jersey because of the holes in the sleeve. Sure, the holes are small, but they'll get bigger and besides, they weren't there until I was thrown to the ground.
Granted, only the shop is reluctant at this point. The insurance in my last case never questioned replacing the damaged components. But I'm starting to rethink my purchase of the temporary wheel as a result of this recent episode because I'm starting to question my position of what is "reasonable." I continue to ask myself why I should compromise anything - I did nothing wrong. If I want to continue riding and a matching wheel must be ordered, then I why shouldn't the party responsible for my plight pay for both?
I'm also upset that the officer didn't chastise the driver in my recent collision when he claimed that he couldn't see because the sun was in his eyes. First, I was going the same way he was, and looking at the same view and I could see fine. But even if this were not so, why is it acceptable to claim this, and how does this absolve fault? Why is it commonly understood that if you can't see, you can just point your vehicle, press the gas and hope for the best? Because, well, if you hit anything, you probably won't get hurt too bad because you're enclosed in your protective box with seatbeltls and an airbag? It's a ridiculous excuse, but it worked for this guy, it worked for Miss America 2001 and it's worked for counless others. I didn't bring it up during the incident because I didn't feel it my place to tell the officer her job, though I probably should have. However, I intend to see if she has an email address at the bureau and tactfully suggest that she might want to condemn the practice of proceeding ahead when drivers can't see.
So, I'm contemplating seeking a lawyer's counsel for this one, and possibly revisiting my incident from last month (I cashed the check, but never signed their waiver). I have seen some comments on this forum that indicate a civil suit may be the only form of justice we can use to "teach" people. I don't necessarily subscribe to this view even now. Partly, because I would have to endure much suffering at this rate to teach every lax driver in the Portland area - I would have to get hit by each and every one. But again, I don't think I should have to endure anymore. Why am I the one that has to, "suck it up?" Why am I expected to be reasonable or compromise in the spirit of fairness? I received a query from the adjuster of my last claim when she left me a message from her last call. She asked if I wanted compensation for the discomfort to my knuckle.
I never called her back because I felt that was ridiculous, I just cashed the check they sent. This time is a bit different. I walk with difficulty. I rode into work today, but it wasn't easy or speedy. . . it just feels better than walking and I'm not going to drive because my wife may need the car; she's pregnant ten months and cares for our 2 year old daughter. I suck it up because it's part of who I am. . . I like to think I'm tough. And really, at this point it's merely some soreness of surrounding muscles that have contracted - I don't think I'm hurting myself any. I visited the ER and nothing is broken - I may experience bursitis, but even that wouldn't be chronic. But again, why should I be expected to, "tough it out?" Why shouldn't I receive some monetary compensation above my medical expenses? I'm not looking for exorbitent sums of cash, but I shouldn't have to limp around for nothing either.
And how am I as an example to those around me? No one I know at work is ever going to ride to work because of the perceived danger (and I nearly convinced one of my peers that lives just down the street from me). And I can't fault them. I have to admit that I am starting to feel some skepticism myself. My wife admitted that she broke down in tears yesterday on the phone with her mother. We've got two children (almost) and she's worried sick. It's hard to convince her that the former episodes were minor and there really wasn't much danger; all she knows is that cars are hitting me and it could be deadly. And she's right - this last one was unforseeable, unavoidable and potentially lethal if I had fallen in the path of his rear wheels.
So that's it - I'm probably going to consult with counsel to discuss some reasonable options, but then again, I may just resort to dealing with the insurance myself again.
And as promised, the small bit of humor:
My wife and I (she really is a good sport about this) came up with the following tactics to hopefully gain me a wider berth on the roads:
Much like the senior high school/college football (American) teams or fighter pilots, I could start mounting auto-shaped stickers on my helmet to represent my "hits".
I could start wearing jerseys emblazoned with the logos of all my insurance company "sponsors" that pay me to ride.
This jersey would also prominantly display my cumulative settlement figure and label it as such, "Settlements to Date."