Advocacy & Safety - Head-on collision with a car last night.

Link here (http://gresam.blogspot.com/2008/06/head-on-collision.html) to my blog, or read below.

June 11th, 2008
Luna at Northwest Hwy
Exact time unknown

Last night I was riding with the Carrollton Cycling Club on the usual Monday-Wednesday ride. We had already headed south down Luna and turned left onto the service road to go underneath Northwest Highway. I was sitting on the front left and, as we rounded under NW Hwy I was consciously looking through the corner for any possible oncoming traffic. I knew that spot could be bad, and was trying to keep things safe. Suddenly, and I mean truly suddenly, a car appeared. It was traveling quickly, in our lane and at the apex of the corner. I think we were probably traveling at about 18 mph, I have no idea how fast he was going, but it seemed fairly quick.

I reacted by cutting left and braking, but no sooner had I seen the car... he hit me head-on. I was awake throughout, never lost consciousness, and distinctly remember hitting the windshield, rolling and then landing in a heap. I think I might have bounced, I'm not sure. I would like to know if I went up and over the roof or not, as I lost track of my progress in all the commotion. I did an inventory as best I could and was sure not to move in any way. I was pretty certain I had broken my right clavicle, ankle and leg but the inventory process was not going smoothly. I had a lot of pain, but nothing distinct as I have had with broken bones in the past. Within seconds I had several great people at my side talking to me and making certain I was as safe as possible. One gentleman in a CCC jersey, and a woman I never saw (bad angle) were instrumental in keeping me calm and making sure I was in good hands. If either of you see this through the grapevine, thank you! Will S. called my wife, Betty, and filled her in on what happened and that I was being taken to Parkland. A few well-timed, humorous comments later (Will: "Nice, your mouth never touched the bottle!" and Andrew: "I think we should look at that Cervelo Prodigy on CraigsList...") and I was being tended to by Fire Station 43. Nice guys, and they're cyclists! They loaded me onto the backboard, seat belted me in place and into the ambulance I went for a little journey.

Once at Parkland I was tended to by at least six doctors and nurses. X-rays, cat scans and more x-rays later I was left to wait for results. Betty was there and she was great. She's a real trooper and one of her first comments when she walked in the room was, "I knew something like this would happen, but I thought you might wait a little longer!" Her mom and brother dropped by as well and it was good to have some friendly faces. I joked as much as I could with the nurses and doctors but, understandably enough, they were less than enthusiastic about my situation. Slowly, the adrenaline wore off and the pain started to set in at more distinct locations. My left quad was aching along with my right foot, ankle and shoulder. I had a headache but never showed signs of a concussion. Results took forever, but we learned that I had no broken bones, no damage to my spine and no internal injuries. I had, in essence, gotten extremely lucky. I was released at 2 AM and we were soon home for a few photos and a bowl of Cheerios.

This morning we inspected my helmet, which showed surprisingly few signs of impact. The back of the helmet does have some cracks, but I was a bit astonished that I had not taken a larger hit with my head. Of course, the helmet is instantly retired. My jersey had been cut off, but I had managed to talk them into leaving my shorts, gloves, shoes and socks intact. I believe my exact request was, "Those are expensive, can we not use scissors?"

Today has been slow going. I'm feeling pretty decent considering the situation and am still taking inventory of pain, especially in my neck and shoulders. The bike is toast. Actually, the bike is beyond toast, it is more like a crumpet. The front tire is buried in the large chain ring, the top tube having buckled at the head tube and seat tube. The down tube split, at the weld, from the head tube. And, to top it all off, the rear wheel was ejected from the frame on impact. The bars are spun 90 degrees to the fork and the seat and levers are scuffed and marred. Oh, and the Campy carbon crank set is cracked around the spindle. Yeah, that was one hell of a hit.

So, that's the long and short of it. Photos with captions are linked below. They are not too bloody, but a little graphic of my shoulder injury.

Damage to me and the Coppi. (http://good-times.webshots.com/album/563778298CljSzg?vhost=good-times)

I guess the lesson here is to just be safe, watch out for each other and remain aware. Looking back on how it happened I think it should have been a lot worse. I don't know how I got that lucky, but I did.

Another rider was hit as well, but I do not know him. I think he hit the car with his shoulder and split his fork in half, but I think I saw him walking around so I do hope he is OK. If you know him, please tell him I send my best.

Hope you're able to recover quickly.

The picture of the overall bike is quite something -- makes me kind of recoil thinking about what the impact must have been like.

Do you think Coppi (never heard of them) has a frame replacement program?

unreal. glad to hear that you're essentially ok save for some nasty bumps, bruises, and scrapes.
what is the lowdown on the nitwit who struck you? did he flee the scene?

Gino Bartali and the great Fausto Coppi:

http://www.pezcyclingnews.com/photos/races07/giro07/coppi-bartali450.jpg

Get well soon. I think you experienced many road cyclists' worst nightmare. I'm glad you're in good shape considering the force of that collision.

whoa, intense story and very glad that it was no worse than it was. Scary though.

Good reminder of how vulnerable we all are. Heal well. :thumb:

woah. glad you are OK. That could have ended much worse than it did.

Glad you're ok. Are you going to sue?

Yikes! Thanks for sharing.

Hope you feel better soon!

Az

Link here (http://gresam.blogspot.com/2008/06/head-on-collision.html) to my blog, or read below.

June 11th, 2008
Luna at Northwest Hwy
Exact time unknown

Last night I was riding with the Carrollton Cycling Club on the usual Monday-Wednesday ride. We had already headed south down Luna and turned left onto the service road to go underneath Northwest Highway. I was sitting on the front left and, as we rounded under NW Hwy I was consciously looking through the corner for any possible oncoming traffic. I knew that spot could be bad, and was trying to keep things safe. Suddenly, and I mean truly suddenly, a car appeared. It was traveling quickly, in our lane and at the apex of the corner. I think we were probably traveling at about 18 mph, I have no idea how fast he was going, but it seemed fairly quick.



You say the car was in your lane? You were on the proper side of the road? Just trying to get a clearer picture here.

Glad to hear you didn't break anything. You were definitely lucky.

Be sure to get the Police report and check that is matches the accident description correctly. Since you were riding with others it should be easier to ensure that the driver gets ticketed for being on the wrong side of the road. Also you need to find out what rights you have in your state.

In NY state your health insurance will NOT pay if you were in an accident. In our state the car insurance of the driver that hit you is by default required to pay for all physical losses (bike, clothing, helmet, etc), health costs, and 80% of lost wages. If you are not temporarily or long term disabled, broke anything, or are not dead you can not collect anything other what is listed above. Personally I think it is reasonable (except I don't know why you can't get 100% of your lost wages payed). In my case the insurance agent was actually helpful and told me to contact the ER and give them the appropriate billing information so that his company (Hardford) received all the bills and I didn't have to ever deal with those. I also bought a new bike the same day and got the money within 2 weeks for the new bike, clothing and bike accesories that could not tranfer over to the new bike. It took a few weeks to get the few hours of lost wages paid, but that was because there were forms that had to be filled out by my employer.

If you get any problems, then don't hesitate to get a lawyer involved. I always figure its better to keep the lawyers out of it if you can, but if they give you grief then you have no option but to fight. Also I got no grief over the fact that my bike was 28 years old and I bought a new bike. They didn't try to tell me my bike was only worth $25. They paid out $1000 without batting an eye.

Good luck and heal quickly!

André

Thanks all. I'm not going to sue, I think that would be pointless. As long as I'm square, no money out of pocket, I'll be happy. I have spoken with a friend that is a lawyer and he's advised me to just handle it on my own and keep him in the loop. I think it will turn out fine, just a bit of a hassle at this point.

To clarify, I was on the correct side (my right) of the road and was hit -in my lane- by an oncoming car that was driving on the wrong side (his left) of the road.

Glad to hear you didn't break anything. You were definitely lucky.

Be sure to get the Police report and check that is matches the accident description correctly. Since you were riding with others it should be easier to ensure that the driver gets ticketed for being on the wrong side of the road. Also you need to find out what rights you have in your state.

In NY state your health insurance will NOT pay if you were in an accident. In our state the car insurance of the driver that hit you is by default required to pay for all physical losses (bike, clothing, helmet, etc), health costs, and 80% of lost wages. If you are not temporarily or long term disabled, broke anything, or are not dead you can not collect anything other what is listed above. Personally I think it is reasonable (except I don't know why you can't get 100% of your lost wages payed). In my case the insurance agent was actually helpful and told me to contact the ER and give them the appropriate billing information so that his company (Hardford) received all the bills and I didn't have to ever deal with those. I also bought a new bike the same day and got the money within 2 weeks for the new bike, clothing and bike accesories that could not tranfer over to the new bike. It took a few weeks to get the few hours of lost wages paid, but that was because there were forms that had to be filled out by my employer.

If you get any problems, then don't hesitate to get a lawyer involved. I always figure its better to keep the lawyers out of it if you can, but if they give you grief then you have no option but to fight. Also I got no grief over the fact that my bike was 28 years old and I bought a new bike. They didn't try to tell me my bike was only worth $25. They paid out $1000 without batting an eye.

Good luck and heal quickly!

André

This doesn't sound like the kind of wreck where you should be thankful you didn't break something, but rather thankful you're alive another day. Here's hoping you recover quickly and are back in the saddle soon. :thumb:

You should probably consider deleting the details of your post, so that it can't be used by someone else in litigation. Get an attorney ASAP and document all your injuries before they heal.

To clarify, I was on the correct side (my right) of the road and was hit -in my lane- by an oncoming car that was driving on the wrong side (his left) of the road.

I wish you the best for a quick recovery. You sound like your spirits are high considering, keep it up.

I am curious as to this comment: "I was consciously looking through the corner for any possible oncoming traffic. I knew that spot could be bad, and was trying to keep things safe. "

Is this place notorious for wrong side of road driving?

Al

We send the best wishes of our little household for your swift and complete recovery.

you are lucky to be alive, my friend.

heal quickly! we are all wishing our best for you!

Thanks all. I'm not going to sue, I think that would be pointless. As long as I'm square, no money out of pocket, I'll be happy. I have spoken with a friend that is a lawyer and he's advised me to just handle it on my own and keep him in the loop. I think it will turn out fine, just a bit of a hassle at this point.

To clarify, I was on the correct side (my right) of the road and was hit -in my lane- by an oncoming car that was driving on the wrong side (his left) of the road.

I totally agree with your take on this as well. As long as you get all your equipment properly replaced and all your bills payed. It is also nice to have a friend that knows the law that you could talk to... I hope you won't be needing his professional service. If everyone can just pay up fairly than none feels like they got shafted. Obviously the driver should be thrilled that you were not hurt any worse either.

Happy riding,
André

You should probably consider deleting the details of your post, so that it can't be used by someone else in litigation. Get an attorney ASAP and document all your injuries before they heal.

+2 (delete details and arrange Atty) :thumb:

You're not even 2 full days into the aftermath. I take it this is your first wreck (?). You were in a MAJOR accident if you a) hit the windshield and rolled off, and b) were carted off in an ambulance on a backboard... By the looks of your calves you appear to be in good shape and therefore you're going to be more resilient to injury than a fat schlub on a DB Sorrento. Give it 2-3 more days and I'll bet you're feeling like hell when the swelling peaks. Out of shape people swell up faster than lean. I'm just suggesting you protect yourself and your livelihood in the event you are injured and it is true that you often don't know until further down the line. Take care of yourself. At least get free chiropractic from the driver's insurance... You're lucky!

(edit) Regarding it being a major accident I forgot to mention c) the VERKANK! in your frame. Jeezus! You hit hard bro! You're a macho man!

Gald to hear you're still alive gresam.

Out of curiosity, you think your helmet played an important part in your survival? Not trying to start a war here, I just want the oppinion of an accident victim.

Sue the Mo-Fo!!!!

In that kind of scenario, you could expect to receive somewhere around $15-30,000 just for the "pain and suffering and contingencies" part of your accident - and that's without even getting a lawyer involved.

You should also be compensated the cost of a new bike, any bike-related clothing/gear that was messed up, any time off of work you missed, and all your medical bills (for now, and any that may occur over the next year or so).

Please do the following:


Document your injuries, and how they heal over time (take lots of pictures).

Document your bike injuries (it's best if you get a friendly bike shop to declare it "totaled").

Get a copy of the preliminary police report and make sure it matches what you went through.

Solicit written statements from witnesses.

Write up your own statement.

Submit all statements to the police, before their report is final, so your version will be included in the official report.

Don't sign anything without consulting with friends and/or family and/or attorney. Take your time.


Note: you may have injuries you're not yet aware of. For instance, after my accident I came down with a case of Meniere's Disease (ringing in my right ear, and some vertigo). The "pain and suffering and contingencies" settlement is designed to account for that sort of thing.

Once you've signed and accepted a settlement, it's very hard to go back for more...so don't sign anything too soon.

If the driver had insurance, you'll likely be contacted soon by his insurance company. They will try to a) lowball you, and b) pressure you into signing a settlement offer. Take your time and don't sign anything right away.

If the driver didn't have insurance, your "uninsured motorist" coverage may kick in. In that case, you'll deal with them, and they may (at their discretion), sue the driver.


As others have noted...you have just been involved in a major accident. Take your time to heal (both your body and your mind), and don't make any quick decisions.

I'm not a lawyer, but I went through this about a year ago (http://www.bikeforums.net/showthread.php?t=270492)...if you need more info, PM me.

Yes, I think you should sue. You were not at fault. Sometimes drivers need the reality of being sued to help them realize they made a mistake and that they must drive more carefully in the future. I bet this driver is telling everyone the accident was your fault!!!
I bet if you had been a pedestrian and he hit you you'd sue.

What's with all the legal eagles on this forum. The man has graciously stated that he does not intend to sue - I'm guessing he has some good reasoning behind that - there is no mention in his account concerning the driver - I assume the driver stopped, don't know if the OP has had occasion to speak with the driver (since there is no mention, then, it is unlikely that chemical impairment was found to have played a part in this accident), but, if the decision is not to sue, who are we to encourage him to do otherwise? If the facts as related by the OP hold up, the only one who will be hurting if he sues will be the premium-paying public.

Is there something immoral about the decision to accept being made whole without further enrichment?

I would agree that the OP needs to take caution not to short change himself just in case further physical complications develop down the road, but I applaud his decision not to sue.

Caruso

Sue the Mo-Fo!!!!

In that kind of scenario, you could expect to receive somewhere around $15-30,000 just for the "pain and suffering and contingencies" part of your accident - and that's without even getting a lawyer involved.

From my experience of people getting hit in the US, this sounds low. If the guy has insurance and you can prove he was driving on the wrong side of the road, the company won't want to go anywhere near trial. I know you've advice from a friend, but this might not be his area - phone around. And as suggested, consider asking for this thread to be deleted.

SSP is also correct in that you might have some sort of delayed medical problems; don't waive your rights. Find a competent lawyer who is experienced in thsi area of the law - US cyclists associations might be able to suggest someone, otherwise search online.

Gald to hear you're still alive gresam.

Out of curiosity, you think your helmet played an important part in your survival? Not trying to start a war here, I just want the oppinion of an accident victim.

An accident victim who wore a helmet will always believe it helped. So what? I've been through a car windscreen at similar speeds and didn't even need an ambulance - I walked to the emergency room nearby, get some scratches treated, and went shopping for a new bike. Am I supposed to attribute my lesser trauma to being helmetless? There just isn't anything intelligent you can conclude from single incidents like this.

We have seen too many of these accidents and know that the cyclist usually gets screwed. When someone is hit theyre so scared and embarassed they just want to forget it. When talking to people who have been hit it's strange to hear them say they were embarassed and wanted to get away from the scene asap because people were staring at them . When people are hit the adrenaline kicks in and they don't know if they're hurt or not, they just feel lucky to be alive and want to move on.