Advocacy & Safety - Got hit and runned

Hey everyone,

I'm gonna keep this short for now because I just got home after being questioned by the police and I'll post a more detailed report tomorrow when I feel better. I got hit and runned tonight when riding home from work. I had lights and a helmet on. The cops actually CAUGHT the lady because one guy who saw it chased her down after she sped away got her plates and followed her to her apt complex.

She sped away while I was laying in the street saying "Sorry I gotta go." The cop was kind of pressing me about prosecuting her (I got the vibe he was thinking I should) because it's a felony and I think he kinda didn't want to see her get away w/ it. So I have a police report, witnesses, the perp, and a case number. I told him I wasn't sure about the prosecution because I wasn't in the right state of mind to make legal decisions after getting hit.

He basically said I could either have the case sent to the DA and try for the felony or try to get like a civil agreement (I.E. she pays for my bike/med bills). I don't know what to do, I'll talk to my uncle tomorrow who is a lawyer.

Either way I'm more or less ok, some road rash and I'll probably feel it in the morning but I'll live to ride another day.

Any advice would be useful. Stay safe everyone and keep the rubber side down.

Glad to hear you're ok. Talk to your uncle, any legal advice from a bunch of strangers in the Internet is worth its price, ie not much. :D

That said, if she was the one in the wrong, I'd prosecute, just to show her leaving the scene isn't such a good idea after all.

--J

Glad that you seem to be more or less OK.
I'm no legal expert, but did she not commit a criminal act and become liable for damages?

I don't think an act like this should be dismissed with a slap on the wrist/ insurance premium hike.

Again, the most important thing is that you're OK.

Got it, thanks Metzinger.

Ok I'm gonna hold off on the details of what happened until I talk to my family/lawyer. But just to let everyone know #1 important thing is I'm safe, sound, and at home. :)

Damn-it man you have to press charges otherwise she'll just do it again. Glad to hear you are ok but she needs to be prosecuted.

Even if you were at fault she left the scene of an accident - that is a crime.

Well I looked it up from this law firm in my county:

http://www.expertlawfirm.com/criminal_defense/hit_and_run.html

and this website seems to echo the first:

http://www.shouselaw.com/mishr.html

and here is the exact law in my state as far as I can tell:

http://www.deadlyroads.com/laws/california-hit-and-run-laws.shtml

That is what it says. I'm still going it over in my head and I want to talk to my loved ones and lawyer first. I'll keep you guys updated.

Hey everyone,

I'm gonna keep this short for now because I just got home after being questioned by the police and I'll post a more detailed report tomorrow when I feel better. I got hit and runned tonight when riding home from work. I had lights and a helmet on. The cops actually CAUGHT the lady because one guy who saw it chased her down after she sped away got her plates and followed her to her apt complex.

She sped away while I was laying in the street saying "Sorry I gotta go." The cop was kind of pressing me about prosecuting her (I got the vibe he was thinking I should) because it's a felony and I think he kinda didn't want to see her get away w/ it. So I have a police report, witnesses, the perp, and a case number. I told him I wasn't sure about the prosecution because I wasn't in the right state of mind to make legal decisions after getting hit.

He basically said I could either have the case sent to the DA and try for the felony or try to get like a civil agreement (I.E. she pays for my bike/med bills). I don't know what to do, I'll talk to my uncle tomorrow who is a lawyer.

Either way I'm more or less ok, some road rash and I'll probably feel it in the morning but I'll live to ride another day.

Any advice would be useful. Stay safe everyone and keep the rubber side down.

Take the opportunity to 'nail her hide to the wall'. The police are actually supporting you.

When I was hit last year, both the local and, county police departments, who answered the call, refused to file a report, as a result of my not needing to go to the hospital.

I'd do both. Go for the felony conviction. Then once that's over, go after her for a civil damages suit.

The only problem with that is that it keeps damage $$ away from you for longer. If you can afford it, it's worth it. "People" like this need to be slapped really hard; what the hell are they thinking that they can injure someone (for all she knew, you could have had internal injuries and might have died) and just drive away? Simply indefensible.

It would be a service to all those who are hit and the driver never found, or no witnesses so the driver gets away with it, to make sure that in this case with witnesses and all, to make sure this one goes through ALL the proper channels.

Glad to hear you're ok. Talk to your uncle, any legal advice from a bunch of strangers in the Internet is worth its price, ie not much. :D

That said, if she was the one in the wrong, I'd prosecute, just to show her leaving the scene isn't such a good idea after all.

--J

I second that, if she was at fault pursue it to the fullest extent of the law. If for no other reason then to let motorists know that they can't get away with such behavior.

My first impulse would be to file charges. She sounds wreckless and like a danger to others. But every case needs to be considered independently. Maybe there was an extenuating circumstance. It sure does NOT sound like it, but only you know. Hopefully you will do the RIGHT thing for YOU.

My first impulse would be to file charges. She sounds wreckless and like a danger to others. But every case needs to be considered independently. Maybe there was an extenuating circumstance. It sure does NOT sound like it, but only you know. Hopefully you will do the RIGHT thing for YOU.


Yeah...no. There is no extenuating circumstance for leaving the scene of an accident. Yes, the accident itself may have other circumstances. Leaving the scene, though, is a deliberate and criminal act.

Yeah...no. There is no extenuating circumstance for leaving the scene of an accident. Yes, the accident itself may have other circumstances. Leaving the scene, though, is a deliberate and criminal act.

The point I was attempting to make was that WE (being internet posters here) don't know much about the situation and patently promoting a legal action might be a touch irresponsible on our part.

Yes, PROBABLY, the right course is to file ASSUMING the LIMITED detail provided by the OP.

I would rather let the OP and his lawyer and family decide. Wouldn't you?

I'll talk to my uncle tomorrow who is a lawyer.


There ya go.

I'm glad that you weren't hurt too badly.

Speedo

My first impulse would be to file charges. She sounds reckless and like a danger to others. But every case needs to be considered independently. Maybe there was an extenuating circumstance. It sure does NOT sound like it, but only you know. Hopefully you will do the RIGHT thing for YOU.

Yeah, like maybe she "didn't see him," or maybe "he just popped up out of nowhere," or maybe "he swerved into her lane." Or maybe she thought she hit a deer.

She hit him, and then ran. There's no defending that.

As long as drivers are allowed to get with using the above as "excuses" for why they hit someone then drivers will have a license to kill cyclists and pedestrians. We need to crack down on reckless and distracted driving.

At least the LEO who responded isn't accepting her excuses and is encouraging the OP to press charges. We've heard too many times here where LEO's weren't willing to even file a report because they didn't think that there was enough damage done to warrant a report being filed.

Here we have a case with witnesses and a LEO who is encouraging the OP to press charges.

The point I was attempting to make was that WE (being internet posters here) don't know much about the situation and patently promoting a legal action might be a touch irresponsible on our part.

Yes, PROBABLY, the right course is to file ASSUMING the LIMITED detail provided by the OP.

I would rather let the OP and his lawyer and family decide. Wouldn't you?

Given the very real possibility of whatever details the OP shares being twisted by the woman who hit him lawyer I would advice the OP NOT to post anymore details then he has already posted.

The best thing is to discuss it with his family and lawyer and make the decision together. But in my opinion especially if the OP was doing everything by the book. He should press charges, especially as I noted in my previous post that he has witnesses and a LEO who is encouraging him to do so.

I mean stop and think about it for a minute, how often are the LEO's actually on our side in a car v. bicycle collision? They're usually too quick to side with the motorist. So here we have one who is siding with the cyclist as it were.

If nothing else she needs to face charges for having fled the scene of an "accident" with property damage and injuries.

I do not get it. The LEO has witnesses to a serious crime, why does the LEO need the victims consent to forward the investigation to the DA with a recommendation for prosecution.

But OP, since the LEO expects you to decide, please get the DA the prosecute her on behalf of yourself, all cyclist and good motorist.


OP, see a doctor today and make sure there are no hidden medical problems. Have a LBS check your bike to make sure the wheels are true, the frame is true and hit her insurance up for every bit of damage (torn shirt, chipped paint on the bike, etc.). If you were wearing a helmet make her insurance pay for a new one. Helmet manufacturers insist, and I agree, that any helmet in an accident can have hidden damage and is no longer safe to use and must be replaced.

You will be a witness for the prosecution, so be sure to ask for mileage (even if you ride the bike) and standard time compensation that witnesses get from the court for each time you have to go to court.

Good luck with everything, and look at it as a good opportunity to see our legal system in action.

THE LEO isn't a fool. If the victim isn't interesting in pursuing the case it would be a waste of time and money for the cop to push it.

But, if you don't have the cop pursue it, it will make it nearly impossible to get any $$ out of her.File the complaint with the cops asap, if you don't she won't pay for your bike etc

Charlie

She left you lying in the street? Are you kidding? File charges.
Glad that you are ok, did you have a Dr. check for any head injury?

She left you lying in the street? Are you kidding?

My thoughts as well......F-her

THE LEO isn't a fool. If the victim isn't interesting in pursuing the case it would be a waste of time and money for the cop to push it.

But, if you don't have the cop pursue it, it will make it nearly impossible to get any $$ out of her.File the complaint with the cops asap, if you don't she won't pay for your bike etc

Charlie

What does the OP being interesting or not, have to do with the LEO being a fool.

Plus, who exactly claimed the LEO was a Fool?

Also interesting, is the change in laws which force LEOs to make an arrest in domestic violence, regardless of the victims desires.

What does the OP being interesting or not, have to do with the LEO being a fool.

Good question, given that there is at least one witness that should be enough for the LEO to file charges on their own.


Plus, who exactly claimed the LEO was a Fool?

Another good question.


Also interesting, is the change in laws which force LEOs to make an arrest in domestic violence, regardless of the victims desires.

And in some of those domestic violence cases how do we know that the "victim" didn't inflict the injuries on themselves in order to get their partner in trouble? There a lot of weird and strange people out there who would do something like that.

I say file charges.

RVD.

No one said the LEO was a fool.I said, in effect, he proved he wasn't a fool by not pursuing a case without a willing victim. The cop needs the victim-in this case- to say "I want to file charges."
The "fool" was just a figure of speech,"my momma didn't raise any fool."-the cops momma didn't raise any fool.
So, just to make it clear,
1)I said the LEO wasn't a fool.
2) He proved that by doing what he was trained to do.
3)Just a figure of speech.
4)No I wasn't calling CB HI a fool.There isn't any reason he would know that-unless he is a LEO, or lawyer.

The OP will have a hard time getting any $$$ from the hitter if he doesn't file charges.She hit him and left him in the street.

Charlie

Hey guys,

Ok so I went to the doctors office today and got checked out. I'm fine except some minor scrapes. That is the #1 important thing in my mind.

I also talked to my Uncle and he said basically not to talk about the details so I'm sorry I'm gonna have to leave you all in the dark but thanks for the well wishes. He also said what many of you said that the cop misrepresented my role in the whole thing. He said prosecution is up to the DA and I don't really have a choice in it even though I was kinda lead to believe that.

Either way thanks for all your advice and concerns. Ultimately like I said my health is my #1 concern and that has checked out so I'm happy :thumb:. I'll see you all out on the road.

Just hit us back when it's all resolved legally. Good luck with it.

My opinion, if your're not going to pursue prosecution on the offender who got caught, don't bother telling your story here. I've got a sympathetic ear but if you don't want to stand up for yourself in court keep it to yourself.

Hey guys,

Ok so I went to the doctors office today and got checked out. I'm fine except some minor scrapes. That is the #1 important thing in my mind. I actually feel good enough that I'll be riding my bike to work again on Wed. on my cyclocross bike since my road bike is now out of commission.

Sorry to hear about your road bike, but am glad to hear that you're okay.


I also talked to my Uncle and he said basically not to talk about the details so I'm sorry I'm gonna have to leave you all in the dark but thanks for the well wishes. He also said what many of you said that the cop misrepresented my role in the whole thing. He said prosecution is up to the DA and I don't really have a choice in it even though I was kinda lead to believe that.

Your uncle's advice not to discuss the details here (or anywhere either online or IRL where could be overheard) is the best advice, and too many hurt their cases by discussing the details of their collisions. I would recommend following up with the DA and pressure them to file charges against the woman who hit you.


Either way thanks for all your advice and concerns. Ultimately like I said my health is my #1 concern and that has checked out so I'm happy :thumb:. I'll see you all out on the road.

I'm sure that your uncle has already told you this as well, but it doesn't hurt to repeat it. Make sure that you get a copy of the incident report to use to file a claim against the woman who hit you. Also I would recommend that you go back in a couple of weeks to be re-examined to make sure that nothing has developed between now and then. As not all injuries are going to present themselves right away.

Oh man.... Definitely lawyer up and file charges. This woman left the scene of an accident where personal injury (albeit, not serious, according to your description) was involved. Is there anyplace in this country where this is not a serious crime?

Glad you are ok.

My opinion, if your're not going to pursue prosecution on the offender who got caught, don't bother telling your story here. I've got a sympathetic ear but if you don't want to stand up for yourself in court keep it to yourself.

I haven't said what I am or am not going to do. And like I said at the advice of my lawyer unfortunately I'm not going to talk about this. If you don't want to read my story there are plenty of other areas of the internet for you to read. Also I didn't come here to tell a story anyways, I came here to get advice on how to best handle it thinking maybe someone has been in a similar situation.

You sound like a smart guy because you didn't want to make decisions while under the influence of the crash. Do yourself a big favor and ask around and find a good lawyer to consult with instead of asking a bunch of cyclists. :) What do they know about legal decisions?

when a policeman asks a citizen "do you want to press charges?" is generally implying 'if you say "yes" the accused is going te be handcuffed, arrested, hauled off and booked into jail.

keep this in mind the next time a policeman asks.

If the policeman did his job and filed the report as he should have, in this case of an injury accident involving a pedestrian/bicyclist and motorist leaving scene, the case likely is NOT over for the lady regardless of the OP's actions now.

In my experience he was being asked if he wanted her to get hauled off to jail.

when a policeman asks a citizen "do you want to press charges?" is generally implying 'if you say "yes" the accused is going te be handcuffed, arrested, hauled off and booked into jail.

keep this in mind the next time a policeman asks.

If the policeman did his job and filed the report as he should have, in this case of an injury accident involving a pedestrian/bicyclist and motorist leaving scene, the case likely is NOT over for the lady regardless of the OP's actions now.

In my experience he was being asked if he wanted her to get hauled off to jail.

Utter nonsense in your State of Washington, Bek. In any criminal case in Washington, the victim does not 'press charges,' the State or City does. Police in Washington State do not ask, 'Do you want to press charges,' unless they are totally ignorant of the law. Therefore, Bek, when you say 'In my experience' you are lying in reference to the State where you live. You are simply making this up.

Good luck. Hope you try to hold them accountable. Something similar to your accident happened in my neck of the woods this week, too. (http://bike-pgh.org/bbpress/topic/hit-and-run-on-greenfield-ave#post-23030)

OP, do get a copy of the police report with your statement in it. Use it for the insurance claim and reread it just before you take the stand if the case does go to trial. That way, the defense has less chance of making you sound like you are inconsistent and implying that you are a liar.

Take photos of your bike and road rash. Take photos of the collision area both in best light and in similar light as when the collision occurred. Be ready with the photos and a copy of bicycling laws in your state to prove you were in the right when the defense tries to make the collision seem like your fault. Even though who was at fault should be irrelevant for a fleeing the scene case, the defense will still try this tact.

If there was no bike lane, make sure your photos show that. If the police report does not indicate how wide the traffic lanes are, then have that info available.

We know you should not post any facts/info now, we do hope that you will come back after the case and insurance claim are settled and update us with the details.

A couple of points. First, the state or city is the entity that "presses charges" in a criminal case. In many cases, the state proceeds without the consent, and sometimes even against the wishes of the victim. However, it's much easier and more productive if the victim wants to proceed. Prosecuting cases with a recalcitrant victim is frustrating (once, after spending a week tracking down my victims and getting them court on the day of trial, they left while I was giving my opening. It's embarrassing to call your first witness, and the bailiff comes in and tell you they're not there.) As a practical matter, it's always better if the victim wants to proceed. It's not unusual or improper for the officer to ask the victim if he wants to proceed. The answer, if an officer asks, usually should be "yes" - it's much easier to drop a case down the road than to get the state to start it up once the police do not proceed.

Second, the act of leaving the scene is a separate and different matter than the accident itself. The OP might have been at fault in causing the accident - that probably is a civil matter and he got good advice in being told not to discuss it here. Whether he was at fault is irrelevant in deciding the separate matter of whether the driver left the scene. Regardless of whose fault it is, a driver must stay at the scene to render aid and give information.

Finally, because they are separate matters, the decision whether to prosecute is unconnected to any civil compensation the OP might be entitled to. Whether the driver stayed or left usually doesn't matter for civil purposes because the damage was done by the time the driver made the decision. The only time it matters is if, by leaving, the driver increased the victim's injuries, by, say, delaying treatment. Also, leaving might be evidence of consciousness of guilt if there is a dispute about whose fault the accident was.

What was the cop asking/telling the OP? The OP interpreted it as "do you want to make a complaint?" or do you just want to sue her" ?
Was the cop actually leading the OP to not push it because he-the cop-thought it was a waste of time??No injury, no damage,-maybe he "just fell" ???
Oh well
Charlie

Utter nonsense in your State of Washington, Bek. In any criminal case in Washington, the victim does not 'press charges,' the State or City does. Police in Washington State do not ask, 'Do you want to press charges,' unless they are totally ignorant of the law. Therefore, Bek, when you say 'In my experience' you are lying in reference to the State where you live. You are simply making this up.

excuse me? you think police never ask citizens if they want to 'press charges?' That's terribly naive.

I understand how the legal system works, I'm not describing the process by which charges are formally brought up in a courtroom (where no one rides a bike either ;) ) I'm talking about a cop pulling a citizen aside and saying something to the extent of "If you're willing to press charges we can haul him down to the station right now. if you don't wish to file a complaint at this time, there's little we can do..."

these types of conversations likely take place dozens of times a night in Washington state.

I'm sorry, dude. this is real world stuff here. When a policeman asks a citizen, in the context of a dispute, 'do you want to press charges' and talk to that extent, the policeman is generally implying that the policeman is perfectly willing to take the other person into jail and book them on these 'pressed charges'.

ask a cop. they'll tell you that's what they mean, when its a civil dispute, or this type of altercation.

seriously, dude. lose the hate. some of us operate in the real world.

It's true that the state has to be the one to prosecute in the case of criminal charges; an individual can't bring criminal charges. However, getting a conviction requires having evidence, and if the wronged party doesn't want to be involved with a prosecution, there's not much point in bringing charges, it's just a waste of time and money.

Bek is totally right here. The officer is implying that there's ample evidence for an easy conviction here, but they want to make sure that the OP is willing to cooperate with the case.

She hit you and couldn't give a F##K if you were dead, she just left you lying on the street like a dog. A felony hit-run charge is the least she deserves. :mad:

And once she's a convicted felon I'd be seeking out a pit bull of a lawyer to screw her as hard as possible in civil court as well. :mad:

OP - don't listen to posters on here. follow the advice of your attorney 100 %.

This lady left you lying in the street injured and you're conflicted about prosectuing? Hang the
bi%ch.

#1 -- listen to your lawyer.

#2 -- see #1, but consider that defending against felony charges is very expensive even if you win, and if you lose it can really screw your life up.

Now, she deserves to have her life screwed up, but if the prosecution really is up to you, and she's got some money, you may be able to come to a good arrangement here. For example, it may very well be worth $50,000 pain and suffering damages to her (plus medical bills and the cost of your bike) for you not to prosecute her. If so, how much is your satisfaction of possibly seeing her in jail worth?

I'm not saying that you should do this -- and in general the people who run aren't the people with money, but it's something to consider, and something your lawyer ought to bring up if it's an option.

I'm guessing the OP was kind of rattled, and that is why he didn't do what we figure is obvious and say "yes, I will cooperate in her being charged."

Instead he felt a bit befuddled while talking to the LEO, so when he got home he wrote to us "I didn't want to make a legal decision while foggy." He probably already knew that "Yes, charge her" was what he should have said, but he didn't, so saying "not making decision while befuddled" sounded better than "I was jumped up on adrenalin, so I just wasn't thinking straight, and I screwed up."

Tough to act correctly when you are kinda jacked up after an accident.

I wonder if she got any sort of a ticket-reckless driving etc-that indicated she was a fault in the accident??? If not, then it would be tough to squeeze any $$ out of her or her insurance company.

Curious how this will turn out.

The OP said nothing about who was actually at fault in the accident, did he?

Charlie

excuse me? you think police never ask citizens if they want to 'press charges?' That's terribly naive.

I understand how the legal system works, I'm not describing the process by which charges are formally brought up in a courtroom (where no one rides a bike either ;) ) I'm talking about a cop pulling a citizen aside and saying something to the extent of "If you're willing to press charges we can haul him down to the station right now. if you don't wish to file a complaint at this time, there's little we can do..."

these types of conversations likely take place dozens of times a night in Washington state.

I'm sorry, dude. this is real world stuff here. When a policeman asks a citizen, in the context of a dispute, 'do you want to press charges' and talk to that extent, the policeman is generally implying that the policeman is perfectly willing to take the other person into jail and book them on these 'pressed charges'.

ask a cop. they'll tell you that's what they mean, when its a civil dispute, or this type of altercation.

seriously, dude. lose the hate. some of us operate in the real world.

I'm going to back up Bek. I witnessed a cyclist get hit by a car this spring. After all statements were taken and cops were finishing up, they very clearly asked the cyclist who was hit if he "wanted to press charges." He declined and everyone left.

Oh ... and for the original poster ...

If you do get some money out of her, give some of it to the guy who chased her down. 5-10% perhaps, I dunno. If it wasn't for him, she would have likely gotten off scott free, so he does deserve a reward of some sort. (He may refuse it, but you should make the offer.)

And if you don't get any money out of her, at least offer to buy him dinner or some beer or something. Just let him know how much you appreciate his help.

when a policeman asks a citizen "do you want to press charges?" is generally implying 'if you say "yes" the accused is going te be handcuffed, arrested, hauled off and booked into jail.

keep this in mind the next time a policeman asks.

If the policeman did his job and filed the report as he should have, in this case of an injury accident involving a pedestrian/bicyclist and motorist leaving scene, the case likely is NOT over for the lady regardless of the OP's actions now.

In my experience he was being asked if he wanted her to get hauled off to jail.

I think you are right, but missing one other side of things. The cop is also asking are you willing to participate in the prosecution. Having a willing witness can make a difference and will get factored in to a prosecutors decision, the OPs willingness along with that of any other witnesses does make a difference.

To the OP, your first post said she sped away. To me that makes a huge difference. That makes the run in hit and run exactly what we first think of when we hear the term. I'm generally a forgiving type (I was hit from behind and asked for nothing more than the cost of rebuilding a wheel, but the guy stopped and at least got me home with my bike unridable). This driver might just have well left you to bleed out when with just a phone call you could have been fine.

Yes, but before she said "I gotta go" she said "Sorry." Surely that counts for something!

Joking of course.This is funny since the OP wasn't hurt much-just the usual road rash we all occasionally get..

What sort of shape is the bike in??

I wouldn't prosecute.

Felonies take alot of things away from people.

I wouldn't prosecute.

Felonies take alot of things away from people.If they do not want to have a lot of things taken away, then they can simply not commit the felony.

Is that such a hard concept to understand?