I am a 23 year old cyclist in Rhode Island. This afternoon while biking to work I was hit by an automobile. It was the first accident I've ever been a part of and I have ridden nearly every day for 6 years. I am vigilant, was wearing a helmet and gloves. I have insurance.
I was biking with traffic on a busy single lane road. I was safely in the shoulder to the right of the road.
I was approaching a light that had turned green, and cars were accelerating. Im not sure whether or not the car that hit me was intending to take a right, or if they swerved into the right-hand turning lane to get around a left-turning vehicle in front of them, but either way I had only a few feet to react and nowhere to go. I seemed to have bounced off the passenger side of the SUV, and skidded on the sidewalk. I felt my helmet take a minor knock but nothing serious, and my instincts seemed to have served me well. No bruising, no concussion, only two minor scrapes. It seems my gloves took the brunt of the fall.
The issue becomes more complicated because the driver immediately sped off. I have no doubt he knew an accident occurred.
I was lucky, and bounced right back up, immediately asked witnesses if anyone got the plates. they hadn't, so intuitively, I hopped on my bike and began to pursue the vehicle. A half-mile sprint later, I caught up to the car at a stop light, after watching it attempt to loose me by speeding. It was clearly the car, with a big dent in the driver side door. I got the plates and called the police.
I spoke with the police, told them what happened, and had them ID the license.
I asked the police if I could file a report later, and they said yes, but soon. and because I was late to teach (work) , and not injured, I went to work.
My issue is not with the fact that an accident occurred. My problem is that the driver fled the scene.
There should be a penalty for this. If I had been seriously hurt and the driver had sped off, this would be a very different story.
I've never dealt with police reports, insurance, any of this stuff, I have parents who's advice I value greatly but I am hoping for a certain degree of objectivity from this message-board. I will be telling them soon, but I fear my father will 1) just want the worst for this driver and 2) be really worked up about me. I also would like any facts, or relevant experiences anyone here has had.
What would you do? What should I expect? How much do lawyers cost? any helpful information will be appreciated.
oh yeah, lastly, my steel bike is a-ok, too.
sorry for the wordy post. It is healthy for me to write this account down, and this just ended up being the place I did it.
Wahooligan
05-15-08, 08:04 PM
Hit and run is a felony in most places. Don't wait to file the report. Do it now.
cc_rider
05-15-08, 08:12 PM
If you're not trying to recover money from the guy (you don't have any medical expenses and don't need to have your bike repaired) then there is no reason for you to hire a lawyer.
File the report ASAP. Then let the police and courts sort it out.
twahl
05-15-08, 08:55 PM
cc_rider said what I was going to say pretty much verbatim.
derath
05-15-08, 09:05 PM
File the report asap. The driver will likely plead ignorance (I didn't notice) but it will be on record and maybe justice will be served.
-D
fholt
05-15-08, 09:12 PM
This guy (or gal) basically ran you down and ran away. Go Get 'Em. File the report! Hitting cyclists ain't free!
bikesafer
05-15-08, 09:27 PM
Glad to hear you're not too badly injured.
File a report immediately or as soon as possible. You may feel fine now and begin to ache later. You could have serious injuries that take a while to notice after the adrenaline has worn off. You also have other damages. If your helmet got hit at all during this incident it needs to be replaced. If it were me I would pursue criminal charges against the driver as well as civil action against him if he/she does not agree to pay your damages.
Good luck and keep us posted.
jayz
05-15-08, 09:40 PM
Thank you everyone for the sound advice.
I will be showing up bright and early tomorrow morning at the public safety complex to file a report.
randya
05-15-08, 11:51 PM
the cops should have been all over this like flies on poop
maddmaxx
05-16-08, 04:13 AM
Could the OP clarify. Did the car hit you while moving to the right, or did the car move to the right and you hit it. I realize that either way you didn't have enough time to react but there may be a legal difference if you persue this in court.
jayz
05-16-08, 05:00 AM
Car moved to the right and I hit it.
Maddmax, today I'm going to check out a book on cycling and the law. I understand that who's fault it is might be contested, and that could turn into a problem.
However, it's the fact that the guy left that really bothers me, and what I want to seek a penalty for. Leaving the scene is the real problem, plus it implies a certain degree of guilt.
I-Like-To-Bike
05-16-08, 05:16 AM
Car moved to the right and I hit it.
Maddmax, today I'm going to check out a book on cycling and the law. I understand that who's fault it is might be contested, and that could turn into a problem.
However, it's the fact that the guy left that really bothers me, and what I want to seek a penalty for. Leaving the scene is the real problem, plus it implies a certain degree of guilt.
Leaving the scene implies a certain degree of guilt of the crime of leaving the scene, but that act implies nothing about fault/responsibility for the collision itself.
maddyfish
05-16-08, 05:29 AM
.
I was biking with traffic on a busy single lane road. I was safely in the shoulder to the right of the road.
.
1. Mybe in the future, take up more space to keep people from squeezing you?
2.Pursue this to the ends of the earth. You were hit by a car and left on the road like you don't matter. Push hard. make sure charges are filed.
bikesafer
05-16-08, 06:02 AM
Car moved to the right and I hit it.
Maddmax, today I'm going to check out a book on cycling and the law. I understand that who's fault it is might be contested, and that could turn into a problem.
However, it's the fact that the guy left that really bothers me, and what I want to seek a penalty for. Leaving the scene is the real problem, plus it implies a certain degree of guilt.
If the car moved toward you and left no room for you to go, unless you actually reached out and struck the car on purpose, he hit you. most traffic laws state that the passing vehicle has the responisibility to pass you at a safe distance. If he was passing you, and made contact, he had the responsibility to maintain a safe distance, then the way I see it, he hit you.
I had a similar situation happen to me and when I told the cops what happened they threatened to cite ME for disorderly conduct for "striking" the car. If the same thing happened to me again, I'd report it that the car hit me as it went past.
Of course I'm not a lawyer and I don't know exactly what happened in your case, so your mileage may vary.
Good luck,
Jeff (http://www.bikesafer.blogspot.com)
st0ut
05-16-08, 08:34 AM
let us know the follow up.
sauerwald
05-16-08, 08:46 AM
Once the police have cited the driver, and you are able to get his information, I would file a claim with his insurance company, even if it is minor, to make sure that his insurance company knows that he is dangerous.
TuckertonRR
05-16-08, 09:41 AM
Thank you everyone for the sound advice.
I will be showing up bright and early tomorrow morning at the public safety complex to file a report.
Excellent. Do it ASAP!!! every hour/day that goes by, will be that much more reason for someone to ask why did you wait X hours, X days etc to file a report. The longer the time, the more it looks like you're being sneaky or trying to file a false report.
Also, SEE A DOCTOR to make sure you're ok. Just because you feel well now doesn't mean you wont a week/a month/a year from now _due to_ injuries you didn't know about at this time. Then, who will pay your medical expenses _then_ ?
Also, I personally (I know others disagree with me) would also see a qualified attorney. Yea, it's $50 or whatever, but I'd rather _make sure_ everything that I'm doing will benefit me and not the other party. And police do not give legal advice.
Just my 2 c.
mconlonx
05-16-08, 09:50 AM
Cops sometimes get more motivated if you mention that an attorney will be involved...
avmanansala
05-16-08, 10:15 AM
Here's what I would do...
1) File a police report and get a copy of it.
2) Get his automobile insurance information and file a claim against him.
3) See a doctor and get checked out.
4) Consider retaining an attorney that specialized in bike claims
5) Replace your helmet.
I probably would have called in to work and said I'm not coming in or I'll be late, I was involved in an accident and have to deal with this now.
The number one person to consider is YOU. If the vehicle was damaged, it may be boderline repairable, but it would be evidence that it was involved in an accident. If it got fixed out of pocket, then the evidence is gone:n "No officer, I don't know what he's talking about, my car is fine, I was near that area but I wasn't involved in an accident...maybe it was a car that looked like mine." or it could go "No officer, I was there, are you sure you got the right car? I wasn't even driving that day, I was at (insert location at the other side of town) at that time." Don't delay. get it done.
noisebeam
05-16-08, 10:31 AM
Did you see the driver at all? Make sure you remember and write down now their description as best as you can. The vehicle owner can claim they were not driving at the time and are not required to identify who might have been.
Al
Ajenkins
05-16-08, 12:26 PM
You should see a doctor. I can't tell you how many patients I've seen who have been injured like this, but the pain didn't show up until a week later.
Camilo
05-16-08, 12:43 PM
I'm wondering who is really at fault. There was no designated cycling lane. Heres's an alternative viewpoint:
The cyclist was passing cars on the right, riding on the shoulder, not the lane. I think this would be a similar situation to when a cyclist is passing cars on the right near and at an intersection, and a car makes a legal right hand turn and the cyclist T-bones the car. In that case, I believe the cyclist is at fault because it is not legal for any vehicle - including cyclist - to pass on the right at an intersection where right turns are legal.
The car, I believe, is not obliged to yield to any vehicle approaching from behind on the shoulder, because that passing vehicle is not operating legally. I also believe it is probably legal for the car to go around a left turning car by using part of the shoulder. At any rate, I doubt if it is any more illegal than the cyclist passing on the right in this situation.
In addition, it could very well be that the driver could not have seen the cyclist even if he/she exercised reasonable diligence in looking. If the cyclist is that close, it could have easily been in the blind spot. And reasonable diligence in this case would not necessarily require stopping and making sure nobody was passing on the right - because that is not a legal maneuver, and should not be expected.
Do cyclists have the right to pass cars on the right without exercising due care to avoid colliding with cars making legal maneuvers in front of them?
Regardless, based on my own personal experience riding for many years in traffic, this situation is entirely predictable and it is up to the cyclist to avoid it. If you're coming to an intersection passing cars on the shoulder you have to expect, and be prepared for legal right hand turns as well as normal traffic maneuvers such as cars encroaching on the shoulder to go around left turners. If a cyclist is using the shoulder to pass through an intersection it is totally up to him/her to avoid these things. I wouldn't be at all surprised if when all the facts come out, the cyclist is cited and/or asked to pay damages.
Just another way of looking at the situation. I am making no comment on the driver taking off. That's just plain wrong, no matter who's at fault.
Rex G
05-16-08, 12:44 PM
Being the "striking vehicle" should not imply fault; the operator of the vehicle who failed to yield right-of-way should be the one at fault. Do not be afraid to pursue this because you or your bike struck the side of the motor vehicle.
Camilo
05-16-08, 12:48 PM
Being the "striking vehicle" should not imply fault; the operator of the vehicle who failed to yield right-of-way should be the one at fault. Do not be afraid to pursue this because you or your bike struck the side of the motor vehicle.
I do not believe the cyclist had the right of way if he was passing cars at an intersection using the right hand shoulder.
ianjk
05-16-08, 12:55 PM
I do not believe the cyclist had the right of way if he was passing cars at an intersection using the right hand shoulder.
Even if the driver wasn't at fault, you still have a hit and run. If they don't get a slap on the wrist, they will do it again.
I can't believe the op hasn't called the police.
(I have a special hate for hit and run drivers after a buddy lost his leg to some *$&#%# ##*& *#^# ####5%$ street racer).
Camilo
05-16-08, 01:21 PM
Even if the driver wasn't at fault, you still have a hit and run. If they don't get a slap on the wrist, they will do it again.
I can't believe the op hasn't called the police.
(I have a special hate for hit and run drivers after a buddy lost his leg to some *$&#%# ##*& *#^# ####5%$ street racer).
I'm in total agreement with the hit and run thing. My earlier comments were just wondering about the issue of who's at fault, right of way, etc. I'm not confident I have the correct answer, but I think there's room for wondering in this particular situation. I know that I NEVER pass cars on the right - shoulder or no shoulder - in or near an intersection without being extremely careful and making sure I can stop if any car suddenly gets in front of me for any reason.
maddyfish
05-16-08, 01:41 PM
Truth is, it doesn't matter whose fault is was. What kind of animal hits a person and doesn't stop? Fry them!
bikesafer
05-16-08, 04:47 PM
I'm wondering who is really at fault. There was no designated cycling lane. Heres's an alternative viewpoint:
The cyclist was passing cars on the right, riding on the shoulder, not the lane. I think this would be a similar situation to when a cyclist is passing cars on the right near and at an intersection, and a car makes a legal right hand turn and the cyclist T-bones the car. In that case, I believe the cyclist is at fault because it is not legal for any vehicle - including cyclist - to pass on the right at an intersection where right turns are legal.
The car, I believe, is not obliged to yield to any vehicle approaching from behind on the shoulder, because that passing vehicle is not operating legally. I also believe it is probably legal for the car to go around a left turning car by using part of the shoulder. At any rate, I doubt if it is any more illegal than the cyclist passing on the right in this situation.
In addition, it could very well be that the driver could not have seen the cyclist even if he/she exercised reasonable diligence in looking. If the cyclist is that close, it could have easily been in the blind spot. And reasonable diligence in this case would not necessarily require stopping and making sure nobody was passing on the right - because that is not a legal maneuver, and should not be expected.
Do cyclists have the right to pass cars on the right without exercising due care to avoid colliding with cars making legal maneuvers in front of them?
I'm just going by the laws of my state which I know pretty well. Here cyclists are allowed to ride on the shoulder and cars must yield to cyclists operating on the shoulder in a situation like this, whether the cyclist is turning or not. So at least where I am the driver would definitely be at fault for the crash and the hit and run.
ghettocruiser
05-16-08, 08:52 PM
I was lucky, and bounced right back up, immediately asked witnesses if anyone got the plates. they hadn't, so intuitively, I hopped on my bike and began to pursue the vehicle. A half-mile sprint later, I caught up to the car at a stop light, after watching it attempt to loose me by speeding. It was clearly the car, with a big dent in the driver side door. I got the plates and called the police.
:thumb:
Camilo
05-18-08, 06:04 PM
I'm just going by the laws of my state which I know pretty well. Here cyclists are allowed to ride on the shoulder and cars must yield to cyclists operating on the shoulder in a situation like this, whether the cyclist is turning or not. So at least where I am the driver would definitely be at fault for the crash and the hit and run.
I believe my state laws say that cyclists riding on the road have to follow the same rules of the road as cars, which means no passing on the right using either the right side of the lane or the shoulder. Obviously, in traffic, many bikes do pass on the right, but - at least in my state, according to my understanding of the laws - if your'e doing that while approaching an intersection, you'd better be careful because cars don't expect (nor should they) being overtaken on the right. They may swerve onto the shoulder or make a legal right hand turn.
Again, I am not speaking at all about the hit and run. That is obviously wrong no matter how you look at the right of way question.
The main reason I brought up the right of way issue is a matter of technical interest to me, and obviously it's not a cut and dried situation. Also because, I believe OP was a little uncertain about filing a report. Also, regardless of whether it is technically legal to pass cars on the right using a shoulder, a cyclist doing that has to be very, very, very careful, because it is a very dangerous situation at an intersection in the best case.
E-Bell
05-20-08, 02:52 PM
OP, if you haven't already done so, please follow up with the police.
Fault is irrelevant to the crime of leaving the scene of an accident, so don't worry about that. Report it to the cops and let "the system" do the rest. If the driver gets prosecuted (and he should), cooperate with the DA and be ready to testify if you have to.
metzenberg
05-21-08, 01:03 AM
The hit-and-run charge is much more serious than the issue of who is at fault. It has been said here already. Forget about who is at fault. Hit-and-run is a felony. A criminal is on the loose.
Howard
TuckertonRR
05-21-08, 07:08 AM
Haven't heard from OP in a while......
jfmckenna
05-21-08, 07:49 AM
Jayz do you have witness contact information? That would be very helpful. I hate our litigious society but in the case of this hit and run scumbag I would try to take his house. Good luck...
evan_phi
05-21-08, 08:14 AM
The hit-and-run charge is much more serious than the issue of who is at fault. It has been said here already. Forget about who is at fault. Hit-and-run is a felony. A criminal is on the loose.
+1.
File the police report ASAP.
Pat
05-21-08, 12:24 PM
Here is something that most people do not appreciate.
Your autoinsurance will cover you when you are riding a bicycle (at least it does in Florida). There are a couple of riders that make a whole bunch of sense that add very little to the cost of the insurance but greatly increases the coverage. One is an increase on the medical injuries covered. The insurance company pays them out no questions asked. The other is uninsured motorist coverage. That way your insurance will cover you even if the other motorist does not have insurance. The cool thing is that hit and run drivers are considered "uninsured".
RKThunder
05-21-08, 04:43 PM
If you have not already consulted with a lawyer by now, I would urge that you do.
Every personal injury attorney I know charges on a contingency. That means, if he/she agrees to accept the case, you do not pay unless your case prevails. The attorneys fees are taken out of the award - usually 30-40%. That is a lot, but statistics generally show that people with an attorney receive a higher net recovery than those who try to settle with the insurance company on their own. I agree with those statistics because I used to be an insurance defense attorney. Also, you may have to pay costs, but the attorney can discuss arrangements about that.
Good Luck!