Fifty Plus (50+) - N-1, death of a french girl

Today was a sad day for me. I had a great 50 miles ride and made it back to the group starting place feeling better than I have in a ver long time. On the ride home I turned down a street specifically because it had a bike lane and I was still pushing 18 miles and hour heading for home. when about 1 block and a half before me turn a car past me, suddenly pulled over the solid white line and stopped right in front of me. I never had a chance to even grab the brake. Flew over the trunk and smashed into the back window. I got the wind knocked out of me. Stuck my hand up to protect my face and head and must have put it between my helmet and the window. Anyway I smashed through the window and fell behind the car, engine still running, I could the exhaust puffing off of my face. Some people stopped to call 911 and the Paramedics came to check me out. All that hurt was my hand. The woman driver said all she wanted to do was pull over to make a phone call. And these are her exact words, When I passed you I thought you had plenty of room to stop. I asked why the bike lane? She didn't know there was any rules about parking in a bike lane.

Yes I am filing a claim but I haven't a clue howmit will go. The police said they were too busy to came make a report. My Lapierre is toast.:mad:


http://i538.photobucket.com/albums/ff346/Boaz47/2321.jpg

http://i538.photobucket.com/albums/ff346/Boaz47/7321.jpg

1) G e t a l a w y e r. Preferably one that has experience with bicycle accidents.

2) As the lawyer will tell you, get checked out medically. The lawyer will probably make a referral.

I wish we had some sort of knowledge and skills testing before we handed out licenses to use tools that can, and all to often do, maim and kill people. The level of ignorance of even basic traffic laws is utterly amazing.

You came out better than many would have in this encounter. Heal well and be sure to upgrade when you replace the bike.

I would write her a letter describing the incident and itemizing your cost plus loss. Tell her you would like to be fully compensated, either by her, or her insurance company. Say you would like a reply within two weeks. Send the letter registered.

If two weeks goes by and you hear nothing, get a lawyer.

I wish we had some sort of knowledge and skills testing before we handed out licenses to use tools that can, and all to often do, maim and kill people. The level of ignorance of even basic traffic laws is utterly amazing.

You came out better than many would have in this encounter. Heal well and be sure to upgrade when you replace the bike.

Thanks for the concern. I will feel better in a few days I think. I only hope it isn't a big fight to get the bike replaced. I am pretty sure the law is on my side even if the police wouldn't come to the site. If it is a solid line cars are supposed to stay clear. Now we will see how this turns out. I only hope it gets easier on my wife as I continue to ride around town rather than drive.

The police said they were too busy to came make a report.

Unreal!

Very sorry about the bike. Glad you are OK. Lawyer up.

I would write her a letter describing the incident and itemizing your cost plus loss. Tell her you would like to be fully compensated, either by her, or her insurance company. Say you would like a reply within two weeks. Send the letter registered.

If two weeks goes by and you hear nothing, get a lawyer.

No, get a lawyer immediately. Don't even correspond with her until you have one to guide you. She's already weaseling, and since California makes the presumption that if you run into someone from behind, that you were not paying enough attention, and the accident is your fault, the burden will be on you to prove that you are in the right.

First, thank heavens you got your hand up in time to protect your face. So sorry it happened to you.

I have to agree with others. Get a lawyer. Do not wait. The woman was negligent. It's her job to know the laws and rules of the road the minute she gets behind the wheel of a car.

A couple of observations:

1. That solid white line is solid for a reason. Legally, it's considered a curb.
2. You can call now and still file a report with the police. Especially if you claim injuries, a report MUST usually be filed.
3. Unless you're going to claim punitive damages for pain and suffering, a lawyer will probably cost more than the settlement.
4. That California doctor went to jail for pulling in front of a cyclist and slamming on the brakes.

Whoa!!! At least you weren't injured worse. She needs to be drawn and quartered for that bone headed move. As said, don't talk or correspond with her, get a lawyer before she makes this your fault. I hope you have any witnesses names if someone saw the accident. Stay on her insurance company about everything regarding the bike, kit and injuries. A follow up doctor's examination and something in writing would be a great idea to cover yourself. Hope this works out in your favor, Howitzer, I am just glad you weren't hurt worse.

Now what is your N+1 dream? Hmmmm?

Bill

Sorry to hear about your misfortune and I'm glad to hear your OK.
It sounds like you need a lawyer for the accident and for the police dept.

Police were too busy? WTF? They don't come in my area if there is no injury, but I would have DEMANDED it in your case!

Unreal...

First of all, I am glad that your injuries were not more than what they were and that you are doing well. I'm also sorry to hear about your bike.

If California considers a bicycle a vehicle, and the crash did not happen on private property, the police have a duty to respond to the crash, even if they are "too busy". Since an ambulance did respond, you at least have some record of the incident actually happening. I hope that you retained the names and contact numbers of witnesses and the driver of the vehicle as well as her insurance information. You can put in a claim to her insurance company to compensate you for medical bills (if any) and the replacement cost of your bike just as you would if it was your car that was involved. Even in California, rear-end collisions are not always cited to the driver striking the vehicle in front of them. In the Uniform Traffic Code, which all 50 states adhere to, if a vehicle enters your lane, effectively decreasing your ability to come to a safe stop and causes you strike that vehicle, that is considered an improper lane change and the fault goes to that driver. In this case, since there is no police report, a witness(s) statement is extremely important for you to prevail, especially if one of them heard her say that she pulled into and stopped in the bike lane to make a phone call.

Since serious injuries were not present, I don't know if getting an attorney would be prudent in your case since their fees would outweigh your recovery. The advantage that an attorney would have is to subpoena the 911 call to see if the caller explained the events that lead up to the collision. However, that doesn't mean that you shouldn't seek legal advice if you want to. If all else fails, you can take the driver to small claims court to get compensation for the damage to your bike.

Sorry about the bike. Glad you weren't hurt terribly bad.

Why the H*** didn't she just slow down and pull over BEHIND you instead of passing you and stopping in front. Oh yeah, get a lawyer.

Glad you were able to walk away.
Check out the vehicle code for rear-end collisions.
Lots of fraud cases around here with staged hits from behind accidents.
Again, glad you're healing and I'm very sorry for the loss of your bike.
Good luck.

Why the H*** didn't she just slow down and pull over BEHIND you instead of passing you and stopping in front.

Because her life is the most important on the planet.

I asked why the bike lane? She didn't know there was any rules about parking in a bike lane.

Not sure about California, but here in Texas she would be in the right as far as parking in the bike lane goes. Here, there is no prohibition on parking in a bike lane unless there are actual No Parking signs.

She's still at fault, every bit as much as the lunatic doctor that stopped in front of the cyclists in the mountains a while back.

I agree with those who say to get a lawyer first.

Glad you came out of that relatively unscathed. Looks like the bike breaking must have absorbed some of the energy of the impact.

Hopefully you have witnesses and their address and same for the driver. Get the lawyer first and he/she can advise on proceeding.

And watch out for Bike valuation from the insurance company- That is a total bike replacement as other parts apparantly not damaged will have taken a shock. Luckily in my area my LBS deals with insurance companies of replacement and repair after accidents and they know how to handle claims.

One of my customers had his bike totalled when he was run over by a car- He was hurt aswell and had a month off work. The insurance company would not replace his bike as it was an "OLD" one and offered him $75 and would not pay for 60 days. The company he works for got in touch with the insurance company and put in a bill for his wages- wages for a replacement worker and A Replacement bike as it was the only form of transport for the worker at $2,000 that was bought under the Bike to work Scheme we have over here. It did help in that it was the same insurance company that the company had for their insurance and they might not like to lose such a valuable customer. All sorted in 1 week after the contact.

"Mobile 155", what an awful way to start a day. It is good fortune that you were not hurt more than you were. Heal well. You must be heartbroken about your Lapierre. It looks like a very beautiful bike. Never saw one that color before. It has a very classy look to it.

I won't offer you advice, as other have already covered the important stuff. But, I will say that in an auto accident back in 1978, I had to eventually get a lawyer and take the person who caused the accident to court to get remuneration. Had to take their insurance company to court also. (The insurance company eventually settled out-of-court before any trial.) You are entitled by law to be "restored" fully.

Oh, better figure on getting a new helmet also. Even if it doesn't look like its integrity has been compromised ... it has and needs to be replaced.

Now that we've advised him to get a lawyer, we need to start another thread to decide what kind of bike he should buy. ;)

4. That California doctor went to jail for pulling in front of a cyclist and slamming on the brakes.To be accurate, that guy didn't go to jail for pulling in front of a cyclist and slamming on the brakes, he was convicted for leaving the scene of an accident with an injury. Having civil liability and criminal liability are different things.

I'm a lawyer, and I'm going to go against the grain and tell you not to bother. Here's why: while the driver was negligent, you really have no damages to make it worthwhile for a lawyer to take your case for a contingency fee. Unless you want to pay one $300-$500 an hour to dog an insurance company, that employs a whole army of lawyers. You weren't hurt. The real incentive for a lawyer to take a case like this is a contingency fee for a third to a half of a personal injury claim. Preferably one of at least 5 figures. Not for a piece of the replacement cost of a bicycle. You're better off taking her to small claims court without a lawyer.

I'm a lawyer, and I'm going to go against the grain and tell you not to bother. Here's why: while the driver was negligent, you really have no damages to make it worthwhile for a lawyer to take your case for a contingency fee. Unless you want to pay one $300-$500 an hour to dog an insurance company, that employs a whole army of lawyers. You weren't hurt. The real incentive for a lawyer to take a case like this is a contingency fee for a third to a half of a personal injury claim. Preferably one of at least 5 figures. Not for a piece of the replacement cost of a bicycle. You're better off taking her to small claims court without a lawyer.

Interesting - point taken too. However, it's our conclusion that the driver was negligent - and likely so. What's your advice if the driver or her insurance claims otherwise? Is she better off w/ an attorney at that point?

The process has started. So far there isn't any resistance but we will see as the week goes on.

Wow, what a terrible experience. Thankfully, your OK and could walk away from this.

Accidents can really put you through an emotional roller coaster, hopefully you're feeling OK and thinking about a new bike to get you out riding again soon.

All the best......

Good luck in the fight. Now that I think about it small claims seems like an idea.

Where did your accident take place?

Why the H*** didn't she just slow down and pull over BEHIND you instead of passing you and stopping in front.

Motorists are incapable of doing that.

One of my fundamental laws of safe riding is "The motorist who is behind you is in front of you." At least in their minds.

Interesting - point taken too. However, it's our conclusion that the driver was negligent - and likely so. What's your advice if the driver or her insurance claims otherwise? Is she better off w/ an attorney at that point?

As far as I can see, the driver is out the cost of a new rear window, and most insurance companies include glass replacement in their basic auto coverage. It's very unlikely that she'll claim injury from being read ended by a 20 pound bike. I can't see any lawyer walking into court and making that claim with a straight face. Not even in California.

I am glad you are okay and sorry for the loss of your Mademoiselle.

Hopefully, her insurance company will compensate you for damage to your bike and, hopefully, no sign of injury will unexpectedly make itself known to you.
Insurance companies much prefer to pay for new bikes compared to new cars.

I am thinking about another bike already. If I get one already built it might be a Tarmac. I have a friend that just upgraded to a S works and his other bike was set up just like my Lapierre except for the Dura Ace Wheels. If I decide to build one then I am not sure what I will do. The Lapierre was from the frame up. I just got a Klein to ride till this is all worked out. I would really like to build a Look or an Orbea.

She violated Section 21211 of the California Vehicle Code, as well as the Failure to Yield section. You can print out an accident report form from the DMV site and mail it in to the DMV. If the paramedics were called, the police should have shown up.

I, too, would like to know where this happened.

If any come to the Hemet Double Century It would be less than 1.5 miles east from the start finish line

I am thinking about another bike already. If I get one already built it might be a Tarmac. I have a friend that just upgraded to a S works and his other bike was set up just like my Lapierre except for the Dura Ace Wheels. If I decide to build one then I am not sure what I will do. The Lapierre was from the frame up. I just got a Klein to ride till this is all worked out. I would really like to build a Look or an Orbea.

I have a Look 566 and you wouldn't believe the ride. I actually like the ride better than my Specialized Roubaix. YMMV :D

1) G e t a l a w y e r. Preferably one that has experience with bicycle accidents.

2) As the lawyer will tell you, get checked out medically. The lawyer will probably make a referral.

Agree with (1). Agree with the first part of (2). Don't let your lawyer refer you to a doctor. Personally, I wouldn't use a lawyer that refers clients to particular doctors. That absolutely reeks of a mill that just wants to get you a settlement. Odds are that will happen eventually (over 90% of all cases settle), but you need a lawyer with trial experience. Why? Because unless your lawyer (and you) can convince the other side you are prepared to go the whole nine yards, you will get rolled up like a rug and get less than you should. Believe me, word gets around the insurance defense lawyer circles who the plaintiffs lawyers are who know what they are doing and those who will eventually fold. And the "Call 1-800-I'm Hurt" types are, more often than not, settlement mills and the defense bar knows it.

Ask your lawyer-to-be how many case he/she has tried to verdict. It matters, even if your case doesn't go to trial. Seriously.

And why would you want

To be accurate, that guy didn't go to jail for pulling in front of a cyclist and slamming on the brakes, he was convicted for leaving the scene of an accident with an injury. Having civil liability and criminal liability are different things.Except you are not accurate. The doctor stayed at the scene, and a major part of the evidence against him were statements that he made to the responding officer as well as his statements to 911 and the fact he had tried the same tactic before.

Hopefully, her insurance company will compensate you for damage to your bike and, hopefully, no sign of injury will unexpectedly make itself known to you.
Insurance companies much prefer to pay for new bikes compared to new cars.

Except some insurance companies think all bikes come from Walmart cost $79.95, and are worth half that as soon as they are driven (not ridden) off the lot.

I basically don't like lawyers, as most I've come across have been parasites. But there are certain instances when a good, aggressive lawyer is justified. My feeling is, make the b*tch pay!

I am thinking about another bike already. If I get one already built it might be a Tarmac. I have a friend that just upgraded to a S works and his other bike was set up just like my Lapierre except for the Dura Ace Wheels. If I decide to build one then I am not sure what I will do. The Lapierre was from the frame up. I just got a Klein to ride till this is all worked out. I would really like to build a Look or an Orbea.
In my email tonight from Texas Cyclesport; Lapierre 2012 Xelius FDJ Team Frameset for $1499 after entering the discount code.

http://www.texascyclesport.com/store/viewItem.asp?idProduct=5849&image=

Except some insurance companies think all bikes come from Walmart cost $79.95, and are worth half that as soon as they are driven (not ridden) off the lot.With the internet, it is pretty easy to print out a picture of your bike with current MSRP to educate insurance adjusters. When they whine, just remind them how much they pay out for fender benders.

She violated Section 21211 of the California Vehicle Code, as well as the Failure to Yield section. You can print out an accident report form from the DMV site and mail it in to the DMV. If the paramedics were called, the police should have shown up.

Thanks for the info. I already knew the law just didn't know the VC code. It seems as if this may be a deciding factor.

Thanks Gfish and Cb.

How are you doing today? Just hoping no stiffness or bad bruising is showing up for you. Best of luck with the N+1.

Bill

Thanks for the concern. I will feel better in a few days I think. I only hope it isn't a big fight to get the bike replaced. I am pretty sure the law is on my side even if the police wouldn't come to the site. If it is a solid line cars are supposed to stay clear. Now we will see how this turns out. I only hope it gets easier on my wife as I continue to ride around town rather than drive.

I assume you have all the rights and responsibilities as the driver of a motor vehicle. Had she cut off a motor vehicle that way, I'd imagine she'd be automatically liable. Plus I bet the cops would have made the call.

How are you doing today? Just hoping no stiffness or bad bruising is showing up for you. Best of luck with the N+1.

Bill

Today I didn't do much. Some swelling and bruising. But better than Friday.

Today I didn't do much. Some swelling and bruising. But better than Friday.

One day at a time.... you'll get back to where you were.

Not sure about California, but here in Texas she would be in the right as far as parking in the bike lane goes. Here, there is no prohibition on parking in a bike lane unless there are actual No Parking signs.
Same in California. Is "no parking" posted?


She's still at fault ... .
Yes -- violation of cyclist's right-of-way -- separate offense from "no parking in bike lane."