Commuting - If a car hit you...

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DXchulo
10-31-12, 04:15 PM
...and your body and bike weren't damaged, what would you do? Assume it's a right hook and the driver is at fault.
Would you call the cops?
Would you try to make some kind of deal with the driver?
Would you let it go and ride away?
ckaspar
10-31-12, 04:19 PM
Funny you mention it. I have a video of nearly that situation except it was a left cross and the bike was a little beat up.
Here is what I did:
http://www.youtube.com/watch?v=0YLUYmpjkek
In the end I had to call my auto insurance to track down his insurance info anyway because he was not willing to pay for the damages to the bike and I should have seen a doctor sooner as I have been having problems with my left shoulder since about 3 weeks AFTER the accident.
I had to promise my wife I would never leave the scene of the accident without getting the drivers insurance information.
Notso_fastLane
10-31-12, 04:20 PM
...and your body and bike weren't damaged, what would you do? Assume it's a right hook and the driver is at fault.
Would you call the cops?
Yes, get a report. This is important in case you find damage later, something breaks, or you are injured (and discover it later). It never hurts to call their (and your) insurance company and file a claim, for the same reason. Also, if you've used a lawyer before, it might be worth asking them. :)
Would you try to make some kind of deal with the driver?
Not unless you can get it in writing.
Would you let it go and ride away?
I've done this many times. Learn from my mistakes.
babaluey
10-31-12, 04:21 PM
When an incident like that occurs, you're typically running on high adrenalin, which can mask injury to the point that you are sure you're not hurt. Play it safe, go ahead and call it in and let the EMT's check you out.
locolobo13
10-31-12, 04:26 PM
It depends. But that happened to me 20-25 yrs ago. A right hook, her fault, she sped up to get in front of me and turn. I almost out turned her. 2 of the most scariest seconds of my life. The only thing damaged was my favorite shirt.
What I really wanted to do was scream obscenities at her. But she was crying, real I think. And after checking out my bike I settled for glaring at her and riding off without a word. I just really didn't trust myself to talk right then.
Don't think I would always do that.
acidfast7
10-31-12, 04:30 PM
most drivers have been apologetic when causing an accident, in my experience.
the cyclist in the video above should have slowed for the gap in stopped traffic.
mikemartin
10-31-12, 04:39 PM
I got ran over before, crossing an intersection, I got thrown like 10 feet. She hit my back tire so I kinda slingshotted off the bike. The lady was real nice. The cops came and gave her a ticket for running a red light(She was trying to make the yellow but it changed on her). She was in her 60's and she crying and upset. I gave her a hug and told her everything was fine. All I had was a scraped knee. I took my bike to the shop and she paid for the repairs. When we went to court, they asked if I would be willing to accept lower the charge for her (which I did). And she just got a minor fine. Immediately after the accident I was angry but I also realized this it was also traumatic for her as well. **** happens
ckaspar
10-31-12, 04:47 PM
the cyclist in the video above should have slowed for the gap in stopped traffic.
ya well...
I-Like-To-Bike
10-31-12, 04:50 PM
...and your body and bike weren't damaged, what would you do? Assume it's a right hook and the driver is at fault.
Would you call the cops?
Would you try to make some kind of deal with the driver?
Would you let it go and ride away?
What would you expect from "some kind of deal" where no damage or injury occurred?
acidfast7
10-31-12, 04:50 PM
ya well...
there's only one reason cars stop that way ... to let a turning car through. with enough experience you'll learn to see the gaps. not a big deal as everyone is OK :D
ckaspar
10-31-12, 04:56 PM
there's only one reason cars stop that way ... to let a turning car through. with enough experience you'll learn to see the gaps. not a big deal as everyone is OK :D
Gotta love hindsight and knowing an accident is about to happen. If I stopped everywhere I thought an accident might happen I would never ride. I don't wanna jack this thread and would love to discuss my situation further in PM if you would like but I fear that you would never see it as I see it so I am sure it would serve no real purpose.
Now back to our regularly scheduled program...
acidfast7
10-31-12, 05:01 PM
Gotta love hindsight and knowing an accident is about to happen. If I stopped everywhere I thought an accident might happen I would never ride. I don't wanna jack this thread and would love to discuss my situation further in PM if you would like but I fear that you would never see it as I see it so I am sure it would serve no real purpose.
Now back to our regularly scheduled program...
lol
Leisesturm
10-31-12, 05:38 PM
lol
For real. Guy puts his stuff out there and gets called on it. Now he wants us to move on. I say lets tough love him out of his smug attitude.
When an incident like that occurs, you're typically running on high adrenalin, which can mask injury to the point that you are sure you're not hurt. Play it safe, go ahead and call it in and let the EMT's check you out.
+1
My first year of commuting I got right hooked. I got up, brushed myself off and rode home thinking all was well. By dinner time I couldn't bend my elbows enough to get a fork to my mouth.
weshigh
10-31-12, 06:18 PM
....hit it back....
DXchulo
10-31-12, 06:22 PM
+1
My first year of commuting I got right hooked. I got up, brushed myself off and rode home thinking all was well. By dinner time I couldn't bend my elbows enough to get a fork to my mouth.
I also agree with his advice. I rode away without realizing that I had a pretty good scrape on my leg. I lucked out that it wasn't serious, but I could see how someone could ride away with a real injury without knowing.
spare_wheel
10-31-12, 06:24 PM
what to do if you are in a bike accident with an at fault motorist:
always scream in agony (even if you are not).
decide whether you want to go to the er.
obtain the driver's license plate, dl #, and insurance info (or ask a witness to record it).
obtain the contact info of any witnesses and ask if they would be willing to make a statement (some emts/paras may take this info to the hospital with you).
do not say a single unnecessary word to the driver, no matter how remorseful they appear. anything you say can be used against you.
inform the police that the motorist broke the law and injured you. exaggerate any injuries (they will almost certainly feel worse later). do not say anything unnecessary to the police officer.
contact a lawyer ...i will repeat...contact a lawyer.
take pictures of scrapes, bruises, cuts, torn clothing, and bike damage.
decide whether to sue. and remember that many motorists who hit cyclists/peds/other motorists are repeat offenders.
DXchulo
10-31-12, 06:31 PM
Funny you mention it. I have a video of nearly that situation except it was a left cross and the bike was a little beat up.
Here is what I did:
http://www.youtube.com/watch?v=0YLUYmpjkek
In the end I had to call my auto insurance to track down his insurance info anyway because he was not willing to pay for the damages to the bike and I should have seen a doctor sooner as I have been having problems with my left shoulder since about 3 weeks AFTER the accident.
I had to promise my wife I would never leave the scene of the accident without getting the drivers insurance information.
Interesting video. I suppose a lot depends on the attitude of the driver. The guy in your video seemed a little shady.
350htrr
10-31-12, 06:42 PM
what to do if you are in a bike accident with an at fault motorist:
always scream in agony (even if you are not).
decide whether you want to go to the er.
obtain the driver's license plate, dl #, and insurance info (or ask a witness to record it).
obtain the contact info of any witnesses and ask if they would be willing to make a statement (some emts/paras may take this info to the hospital with you).
do not say a single unnecessary word to the driver, no matter how remorseful they appear. anything you say can be used against you.
inform the police that the motorist broke the law and injured you. exaggerate any injuries (they will almost certainly feel worse later). do not say anything unnecessary to the police officer.
contact a lawyer ...i will repeat...contact a lawyer.
take pictures of scrapes, bruises, cuts, torn clothing, and bike damage.
decide whether to sue. and remember that many motorists who hit cyclists/peds/other motorists are repeat offenders.
+1, Well, unless it was my fault... :cry:
Rootman
10-31-12, 06:43 PM
I'm almost hesitant to suggest this, it was advice given me by a personal injury lawyer when I was struck on my motorcycle, the same should hold true for a bicycle. This is for a legitimate accident, not just a tap or small bump. So I guess in answer to the OP's question with NO injury or damage then I would do nothing and go on about my way.
For a real accident with injury and damage, if you are ever hit and knocked down YOU ARE HURT and should call the police and an ambulance. He suggested falling on the ground and waiting there and complain about ANY discomfort, scrapes, cuts or hurt joints.. This establishes your injury. ALWAYS get a police report and make sure you get a copy of it. Contact an injury lawyer and let them take care of business. He stated, "I'm not suggesting that you, ahem, 'game the system' but there are actions that you can take to preserve your right to compensation." The initial consultation is usually free and you almost always come out ahead over if you try and take care of it yourself. I've had to avail myself of their services twice now and have always been taken care of. I was genuinely injured twice bu other's negligence and the whole process was fairly smooth and without any major issues.
Make up your own mind, I usually view lawyers with an aversion but they can come in handy when a real accident happens.
(I was writing this message while spare_wheel was submitting his)
...and your body and bike weren't damaged, what would you do? Assume it's a right hook and the driver is at fault.
Would you call the cops?
Would you try to make some kind of deal with the driver?
Would you let it go and ride away?Never assume the bike and body are OK. Call the police and get a police report. Get the drivers contact and insurance information. Wait 24 hours for aches and pains to decide you are OK. Check the frame alignment at a bike shop to make sure it is OK.
BloNoBikeGuy
10-31-12, 07:23 PM
In Illinois, you are required to fill out a crash report if: "The accident caused a death, bodily injury, or more than $1,500 of property damage." Odds are, I'm going to have some kind of injury if I get knocked off my bike, so the cops are getting called. If the driver decides not to stick around, well, that's another nice citation (property damage, or it's even more fun if they flee the scene of a personal injury accident!). Either way, the cops are getting called. Start the paperwork early.
lolNo need to be a jerk. ckaspar was riding in a right turn lane and the motorist was required to make sure the lane was clear before violating ckaspar's right of way.
mtbikerinpa
10-31-12, 07:33 PM
Cheap vid cams are good for this kinda thing too. I have had many times where the driver was close but not enough to hit me(fortunately). In a lot of cases the violations are still considered reportable, so I would score as much info on a near miss as possible because many times people are drivers of habit. Either they will effect a continuing pattern or the bread crumbs could add up to a conviction if anything more hazardous happens.
sbslider
10-31-12, 08:13 PM
No disrespect to ckaspar, but that is EXACTLY how accidents happen. What I saw in the video is a cyclist in the bike lane passing two lanes of stopped cars, and approaching a gap in traffic. Could a car be coming there? Possibly. Should I slow down until I am sure it is safe to go? 999 times out of 1000 zooming on is no problem. The video showed the 0.1%.
No doubt the driver of the car had little chance of seeing you approach that gap from behind 2 rows of stopped cars, the last one being a SUV or van that blocked line of sight completely. The car turning left was visible in the video between the cars, and the rider looked down twice right before the accident. On a different day, the rider would have seen the possibility the car might turn in front of him and reacted accordingly.
You have to ride like you are invisible and that no one else follows the rules. Not doing that invites accidents, injury and death. When you are on a bike, you will loose every time. If you get reimbursed for damage and injury, I suppose that helps, but it is infinitely better to be able to keep riding.
I write this to raise your awareness while riding, in case the video did not do that already. Thanks for posting that ckaspar to help us deal with what happens when the inevitable happens while cycling. Please don't interpret this as an attack on you. I watched the first 30 secs of the video a dozen times to see what could have happened differently to avoid the accident. I hope that I will think of that situation while riding so that I will not go over the bars and end up with a hurt shoulder or worse. I hope that other readers will do likewise. Going down is no fun, I know for personal experience.
Interesting video. I suppose a lot depends on the attitude of the driver. The guy in your video seemed a little shady.
Cyclists should not have engaged in discussion with the driver. Just call the police and almost certainly an ambulance. Looks like he flew about 20 feet. If that happened to me (actually it has :(), I'd just sit down on the pavement and cool my jets until someone came to help.
ItsJustMe
11-01-12, 06:20 AM
Yikes. Honestly, I'd consider myself at fault in that video. I would NOT ride through a driveway intersection like that without slowing and checking. Legally the car driver is at fault and I wouldn't admit fault, but if that happened to me I would be blaming myself internally. I would have stopped in that case to confirm the way is clear.
That's not what the law says should happen, the law says he should have yielded right of way, but that's how we need to ride to protect ourselves.
To answer the question if that vid event happened to me, I'd probably want a police report. It looked a little too hard of a hit to just assume no injury.
I have had car contact with no injury but it was so slight that I just rode on, didn't even stop to talk to the (at fault) driver, though it turned out to be a guy from work who still, 2 years later, occasionally apologizes to me about it.
acidfast7
11-01-12, 06:41 AM
No disrespect to ckaspar, but that is EXACTLY how accidents happen. What I saw in the video is a cyclist in the bike lane passing two lanes of stopped cars, and approaching a gap in traffic.
gotta agree, especially when approaching an intersection (it changes from a bike lane to a turning lane where he's "hit") with two lanes of stopped traffic. in fact, i always slow down when approaching an intersection, especially if there's stopped traffic at the light.
it's also an example of horrible urban planning. why force a car to turn left across two/three lanes of stopped traffic at a light to get somewhere? it will prevent the traffic behind the turning car from passing through the light, or it takes up extra space for a dedicated turning lane. i guess it's just the scourge the comes along with unlimited tract housing and strip malls :(
I-Like-To-Bike
11-01-12, 07:21 AM
it's also an example of horrible urban planning. why force a car to turn left across two/three lanes of stopped traffic at a light to get somewhere? it will prevent the traffic behind the turning car from passing through the light, or it takes up extra space for a dedicated turning lane. i guess it's just the scourge the comes along with unlimited tract housing and strip malls :(
How else is someone supposed to make a left turn in an urban or non urban area? Are you suggesting cloverleaf overpasses at every intersection?
chefisaac
11-01-12, 07:25 AM
For real. Guy puts his stuff out there and gets called on it. Now he wants us to move on. I say lets tough love him out of his smug attitude.
This has been hashed out enough. If you want to rehash it, find the original thread and do it. Don't hikejack this thread. The OP is looking for advice and ck is giving his opinion TO HELP the OP.
chefisaac
11-01-12, 07:27 AM
what to do if you are in a bike accident with an at fault motorist:
always scream in agony (even if you are not).
decide whether you want to go to the er.
obtain the driver's license plate, dl #, and insurance info (or ask a witness to record it).
obtain the contact info of any witnesses and ask if they would be willing to make a statement (some emts/paras may take this info to the hospital with you).
do not say a single unnecessary word to the driver, no matter how remorseful they appear. anything you say can be used against you.
inform the police that the motorist broke the law and injured you. exaggerate any injuries (they will almost certainly feel worse later). do not say anything unnecessary to the police officer.
contact a lawyer ...i will repeat...contact a lawyer.
take pictures of scrapes, bruises, cuts, torn clothing, and bike damage.
decide whether to sue. and remember that many motorists who hit cyclists/peds/other motorists are repeat offenders.
Good advice!
frantik
11-01-12, 07:28 AM
the rider looked down twice right before the accident.
yeah.. if you're shooting down a bike lane along a line of stopped cars you should really be cautious and be paying full attention to the possibility of cross traffic. You can only see the huge white truck for a split second on the video.. how could the driver of the truck be expected to see the bike rider?
I know if i a car hit me i would have a hard time keeping cool even if it was my fault... luckily last time I've gotten close and personal with a car (doored) was a long time ago. If something happened today I would possibly make a police report depending on how reckless the driver seemed.
treadtread
11-01-12, 07:49 AM
So if a cyclist gets doored in the door zone, who is at fault? The cyclist or the temporarily non-driving motorist?
frantik
11-01-12, 07:54 AM
the car owner would probably be legally at fault since they didn't check that it was safe to open their car door
but a cyclist should really avoid riding in the door zone...
acidfast7
11-01-12, 07:58 AM
How else is someone supposed to make a left turn in an urban or non urban area? Are you suggesting cloverleaf overpasses at every intersection?
the left turn shouldn't be so close to a light. you should only be able to turn on the side that traffic is flowing, not across the traffic.
over here, you're forced to take a right then a left, then another left, then go straight through. makes much more sense and you don't have people turning through traffic.
I-Like-To-Bike
11-01-12, 08:09 AM
the left turn shouldn't be so close to a light. you should only be able to turn on the side that traffic is flowing, not across the traffic.
over here, you're forced to take a right then a left, then another left, then go straight through. makes much more sense and you don't have people turning through traffic.
Not so close to the light? Then where - in the middle of the block without a light?
Are you recommending nothing but one way streets?
How are the second and third turns, both left turns, any improvement over the direct left turn that you want to prohibit?
I-Like-To-Bike
11-01-12, 08:12 AM
what to do if you are in a bike accident with an at fault motorist:
always scream in agony (even if you are not).
Ya mean lie, doncha?
silmarillion
11-01-12, 08:17 AM
I'm not a lawyer, but sometimes I play one on the internet...:D
Seriously though.
If you are injured and/or your property is damaged, you have full rights under the law to be compensated for the damages you incur through no fault of your own.
With the rising costs of medical treatment, especially for serious injury...You will soon find that you may have no choice but to seek council and do what you have to do to recover your losses. I think everyone here would agree with that. We all pay insurance to take care of these things if they should happen. That being said though, just wait and see what happens when the hospital bills surpass $20-30K Then the insurance companies will do all they can to protect themselves, even if it comes to trying to place the blame on you, or find an action that could give them a foot in making your insurance company help coverage.
The 3 foot law in many states protects us from this as long as we are in compliance with the law.
On the other side of the coin though, if you aren't hurt...and your bike is easily fixable...then pursuit of tort compensation is not only bad for all of us, (inflated insurance premiums) it's actually fraudulent to try to say you have incurred damages when you haven't just so you can get a windfall.
It's all good until someone is suing you over a 5mph collision that doesn't damage the car, but ends up costing $20-30K in medicals because someone now is getting their back fixed. (That may have been a preexisting injury anyway) So anytime you see an increase in your insurance premium without reason, this is because the insurance company is now having to cover the cost of doing business.
It's not fair, but it happens way to much in our country.
If your in an accident, do what is prudent to protect yourself, but do what is right.
silmarillion
11-01-12, 08:19 AM
Ya mean lie, doncha?
Yep I think that's what he means...and I couldn't disagree with that mentality more.
subwoofer
11-01-12, 08:23 AM
...and your body and bike weren't damaged, what would you do? Assume it's a right hook and the driver is at fault.
Would you call the cops?
Would you try to make some kind of deal with the driver?
Would you let it go and ride away?
Really good question.
IMO you MUST exchange details and note down/photograph everything you can. Look for witnesses and any other outside help. If you are injured at all in the UK you must call the police.
Sometimes injuries take several days to come to light. The body has an amazing way of dealing with danger and your body goes into shock you can do amazing things.
Many years ago a driver in a parked car opened his door in front of me. I was doing about 30MPH on a drop bar racer. Despite trying to steer away, my left hand hit the edge of the door square on. I flew over the handlebars landing on my right shoulder (which destroyed the rotator cuff of my right shoulder) then onto my back and slid down the road while watching my bike spinning end over end high in the air finally landing on top of a car the other side of the road.
I got up, walked over to the bike, picked it up and carried it to the roadside where I sat down on the kerb. I picked the bike up with my right arm, how I don't know, but at the time I didn't feel anything. I had a destroyed shoulder, cracked ribs, broken collar bone and fingers and a whiplash injury. (amazingly my helmet didn't have a scratch on it). It was only three days later when I started to feel everything.
Even if I thought I was fine and the bike was fine, I would take details and not enter into any exchange with the driver. That can come later if necessary.
Funny you mention it. I have a video of nearly that situation except it was a left cross and the bike was a little beat up.
Here is what I did:
In the end I had to call my auto insurance to track down his insurance info anyway because he was not willing to pay for the damages to the bike and I should have seen a doctor sooner as I have been having problems with my left shoulder since about 3 weeks AFTER the accident.
I had to promise my wife I would never leave the scene of the accident without getting the drivers insurance information.
Having the incident captured on video is really interesting. Thanks for sharing. Do you have another thread running to discuss this?
I have studied advanced roadcraft techniques which are universal and relevant to cycling as well, with passes in the IAM (Institute of Advanced Motorists) car and motorcycle categories. After passing my advanced motorcycle test I was invited to train to be an instructor (known as an 'observer') and continued to train other riders.
It would be good to discuss your video further in a relevant thread.
acidfast7
11-01-12, 08:41 AM
Not so close to the light? Then where - in the middle of the block without a light?
Are you recommending nothing but one way streets?
How are the second and third turns, both left turns, any improvement over the direct left turn that you want to prohibit?
because the first street is a busy main street (where a motorist shouldn't block traffic) while the first right is onto a one way street, as is the first left (second turn onto a one-way street), while the second left (third turn) is onto a bi-directional street with less traffic than the first street.
seems pretty simple to me and saves a lot of hassle.
actually the best idea would just be a roundabout/traffic circle with some artwork/Roman ruins in the middle.
frantik
11-01-12, 08:46 AM
actually the best idea would just be a roundabout/traffic circle with some artwork/Roman ruins in the middle.
:lol:
mikemartin
11-01-12, 08:48 AM
All you guys talking about faking pain and lawyers etc. don't you feel bad for the driver at all? I couldn't do it during my accident I felt too bad for the driver, maybe because she was an old lady.
ItsJustMe
11-01-12, 08:55 AM
Clearly we need to install full control traffic lights at every driveway.
acidfast7
11-01-12, 09:02 AM
Clearly we need to install full control traffic lights at every driveway.
just build separated bike paths with their own signaling system. let the peds (with their own light) go 3 sec before the bikes (with their own light), which go 3 secs before the cars (with their own light.)
really, how hard is that?
frantik
11-01-12, 09:07 AM
^ what about people on razor scooters. they will need their own light too
DXchulo
11-01-12, 09:16 AM
All you guys talking about faking pain and lawyers etc. don't you feel bad for the driver at all? I couldn't do it during my accident I felt too bad for the driver, maybe because she was an old lady.
I felt bad for the driver who hit me, too. She actually admitted it was her fault, which could have been a big mistake on her part if I wanted to be an a-hole about it. I think a lot of us are sort of trained to hate cars and assume that anyone who hits us is some evil person with terrible driving habits. Those people do exist, but I would guess that most of the time it's just a case of "accidents happen".
Meanwhile, I do agree that the best way to CYA is to call the cops and get a report. It may seem like a hassle, but as others have pointed out, you may not feel hurt at the time, but that could change in the future. I wouldn't exaggerate anything, but it does make sense to CYA.
I have to admit that I never really thought about what I should do in case of an accident until it happened to me. (We all think, "It will never happen to me," right?) My instinct was just to get the hell out of there, which is exactly what I did but wasn't the smartest move.
acidfast7
11-01-12, 09:16 AM
^ what about people on razor scooters. they will need their own light too
most reasonable bike paths also have a fast and a slow lane to keep the traffic moving.
the razor scooters would stay in the slow lane.
mikemartin
11-01-12, 09:38 AM
I felt bad for the driver who hit me, too. She actually admitted it was her fault, which could have been a big mistake on her part if I wanted to be an a-hole about it. I think a lot of us are sort of trained to hate cars and assume that anyone who hits us is some evil person with terrible driving habits. Those people do exist, but I would guess that most of the time it's just a case of "accidents happen".
Meanwhile, I do agree that the best way to CYA is to call the cops and get a report. It may seem like a hassle, but as others have pointed out, you may not feel hurt at the time, but that could change in the future. I wouldn't exaggerate anything, but it does make sense to CYA.
I have to admit that I never really thought about what I should do in case of an accident until it happened to me. (We all think, "It will never happen to me," right?) My instinct was just to get the hell out of there, which is exactly what I did but wasn't the smartest move.
Yeah, I think you should definitely go through proper process just like you would in a car on car collision. But I couldn't imagine lying or taking advantage of the situation. As I explained earlier the driver who hit me ran a red light, she trying to make a yellow and was going to fast to stop. 99/100 times it wouldn't have been a problem but this time it caused an accident. It was stupid to try to make a yellow but we've all done it. She was just as traumatized and upset as I was.
Maybe if I had an injury or catastrophic damage to my bike I would have been more upset but everything turned out fine for both of us.
ckaspar
11-01-12, 11:39 AM
I didn't mean to derail the thread with my first post as this is not about riding craft or any other stuff. My thread started was here :
http://www.bikeforums.net/showthread.php/829671-I-just-got-hit-Now-what?highlight=
Anybody that wants to discuss MY accident please feel free to post here.
Now back to our regularly scheduled program.
To the OP. I should have gotten his insurance and at least went to the doctor after the accident. That is how I would have handled it differently.
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