Advocacy & Safety - Hit and Run

My husband was getting in his ride before we left for vacation last Sat. the 1st. of Aug. when a policeman showed up on my porch with my husbands bike in the trunk of his car! I had a sinking feeling as he proceded to tell me that he was hit by a car while on his bike. He was being taken by medic to the trama portion of the hospital. He did assure me that he was contious.
When I got to the hospital he was in a great amount of pain and could not get comfortable enough to get any pain relief. After running some tests and a CAT scan, he was told that he suffered 3 broken ribs and a colapsed lung and tons of contusion and hematomas!
It was a quite Sat. morning, still early enough to get the ride in with out much traffic. He was riding on the ride side of a 4 lane rd. ( 2 in each direction) close to the curb so people could pass around him comfortably. He passed a police officer waiting for speeding traffic and felt safe that people would be slowed down by his presents.
A couple of hundered yards up the road, he felt the impact of the car, to his left cheek, before he knew it he was airbourne. As he landed he turned to see what hit him, only to see the car keep driving away!
His attempt to get up failed and he fell back down just to see his cell phone in the middle of the road!
Lucky for him there were 2 witness that saw the whole accident transpire. One of them caught the car down the road about 1/4 of a mile with a blown tire and a missing side view mirror!
Shortly after the police showed up and then the medic.
After getting the poice report, we learned that the driver of the car was never issued a summons????
I don't understand!
The driver of the car said he didn't know he hit him! His bike is totally recked! The driver is 82 yrs. old!
There was no other car in the left lane.........tracffic was very light! Why did he have to ride so close???
I would welcome any input and advice anyone would have!
After 4 day stay in the hospital, he is now home recovering!

I'm really glad your husband is home and recovering. That much is a good thing.

82 years old, it is possible that he did not see him. It is completely possible that he does not see much of anything.

Rearview mirror and get into the middle of the lane. But as the previous poster said, lane position might not have mattered considering the age. However, when I'm in the middle of the lane, it's very rare for a car to do a close pass. The majority jump into the other lane vs riding on the curb where just about every car tries for a close pass in the inside lane. Hope this accident doesn't dampen his desire to cycle.

Rearview mirror and get into the middle of the lane.

I agree. If I saw someone in my mirror approaching me with no indication of slowing down and changing lanes then I would immeadiately keep my eye on them. The fact that traffic was light is even greater cause for alarm.

After getting the poice report, we learned that the driver of the car was never issued a summons????
I don't understand!
The driver of the car said he didn't know he hit him!

My sympathy for your husband and yourself. He's got a long road ahead of him to recovery, and it will make life hard for you as well.

I would make a complaint to the police and to the district attorney. It was this driver's responsibility to see your husband and avoid him. Not seeing him is no excuse.

Speedo

And also take the police report to DMV and demand they evaluate the drivers competence to continue to have a license.

I had a driver almost put me in the hospital. A helmet mirror saved me. The old guy still got me with his side mirror and left a bruise, but nothing more. I am convinced the guy had macular degeneration (Likely the same with the guy that hit your husband).
http://en.wikipedia.org/wiki/Macular_degeneration

I called 911 and made a police report, but the cop did not even file the report. I did find out that two weeks later the same driver side swiped a car and drove off. The cops arrested him for that.

It is sad that many cops will not do more to protect cyclist and pedestrians. Hope your husband completely heals and keeps riding.

Get a good lawyer.

...

Rearview mirror and get into the middle of the lane.
+1

Best wishes for a speedy recovery.

Get well, soon.

cachechic (http://www.bikeforums.net/member.php?u=173352), the police did the right thing by not writing a ticket right away.

"After getting the poice report, we learned that the driver of the car was never issued a summons????
I don't understand!"

If the police had given the driver a traffic ticket at the scene of the accident he could have gone right away to the courthouse and paid the fine. If your husband would have been injured more than he was and ended up dead in the hospital a few hours latter how would you feel if you found out that because the police gave a ticket to the guy and he paid it already that he could not be charged with your husbands death. When you pay a ticket what you are doing is pleading guilty and the court by accepting your payment of the fine accepts your plea. The driver can still be charged with what ever charge the police feel is right.

Get a good lawyer.

I hope he heals quickly and gets back on the bike also +1 on the lawyer. It is unfortunate that you need one but it's the only way his insurance company will treat you fairly.

cachechic (http://www.bikeforums.net/member.php?u=173352), the police did the right thing by not writing a ticket right away.

"After getting the poice report, we learned that the driver of the car was never issued a summons????
I don't understand!"

If the police had given the driver a traffic ticket at the scene of the accident he could have gone right away to the courthouse and paid the fine. If your husband would have been injured more than he was and ended up dead in the hospital a few hours latter how would you feel if you found out that because the police gave a ticket to the guy and he paid it already that he could not be charged with your husbands death. When you pay a ticket what you are doing is pleading guilty and the court by accepting your payment of the fine accepts your plea. The driver can still be charged with what ever charge the police feel is right.
I've seen this argument before but don't really understand it. It certainly seems that the driver in this case was guilty of leaving the scene of an injury accident, so I'd think he could be charged with that. If it later turned out (hopefully not) that he was also guilty of vehicular manslaughter then a separate charge could be filed for that offense. They are two distinct actions - one because he left the scene and the other because he would have negligently caused a death by his driving.

It's also not at all uncommon to read of charges being upgraded because an injured victim later passes away. For example:
http://www.reality-check.ca/showthread.php?t=184958
http://www.deridderdailynews.com/news/x135722192/Toddler-dies-charges-upgraded-for-caregiver-accused-of-beating
http://www.kxii.com/news/headlines/25949664.html

And my understanding of just paying the fine rather than waiting for the court date and making a formal plea is that you're technically forfeiting the bail amount set for that offense. So there has been no acceptance by the court of any plea just as a result of quickly mailing in the ticket and payment - that would only come in the later court appearance.

To the OP: Best wishes for your husband's speedy recovery.

I've seen this argument before but don't really understand it. It certainly seems that the driver in this case was guilty of leaving the scene of an injury accident, so I'd think he could be charged with that. If it later turned out (hopefully not) that he was also guilty of vehicular manslaughter then a separate charge could be filed for that offense. They are two distinct actions - one because he left the scene and the other because he would have negligently caused a death by his driving.

It's also not at all uncommon to read of charges being upgraded because an injured victim later passes away. For example:
http://www.reality-check.ca/showthread.php?t=184958
http://www.deridderdailynews.com/news/x135722192/Toddler-dies-charges-upgraded-for-caregiver-accused-of-beating
http://www.kxii.com/news/headlines/25949664.html

And my understanding of just paying the fine rather than waiting for the court date and making a formal plea is that you're technically forfeiting the bail amount set for that offense. So there has been no acceptance by the court of any plea just as a result of quickly mailing in the ticket and payment - that would only come in the later court appearance.

To the OP: Best wishes for your husband's speedy recovery.

The answer to this question depends on the law of your state. In some states under some circumstances, the poster is correct that paying the ticket could prevent a later charge because a second or upgraded charge would constitute double jeopardy. In Florida, there is a difference between a criminal and a non-criminal traffic citation. If the police issue a criminal trafic citation (say, for reckless driving) there typically is a mandatory court hearing so the person could not simply pay the ticket and avoid a later, greater charge. If the police issue a non-criminal citation (careless driving, for example) and the driver pays it, a subsequent crimnal charge is not double jeopardy.

The answer to this question depends on the law of your state. In some states under some circumstances, the poster is correct that paying the ticket could prevent a later charge because a second or upgraded charge would constitute double jeopardy.
Sure, but in this case I don't see how the double jeopardy situation could apply. Leaving the scene of an injury accident is a separate action and a charge for that shouldn't have any bearing on other charges being filed later that are based on causing the initial collision and subsequent damage/injury.

The blown tire, if it was on the right, suggests he drifted right, hit the victim and then hit the curb.