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  1. #1
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    Looking for some advice, was rear-ended on my bike today by a car at 50 mph

    I am new to the cycling world, bought myself a brand new Kona Dew Drop and have been riding my heart out. I took advantage of the nice weekend we are having here on Whidbey Island this weekend and set out for a 25 mile ride.

    At mile 13 on this lonely country road well into the shoulder closer to the grass than the white line marking I feel this violent shove. Next thing I know I am waking up on the side of the road scratched and bruised up pretty good and watching this car disappear around a bend down the road.

    Two people saw the car hit me, and stopped to help. One person said I went flying and she had no clue how I was able to get up after that. Eventually the person who hit me came back ( I think because they noticed there had been witnesses ) and was interviewed by the police when they arrived.

    I went to the hospital with adrenaline pumping in full effect and wasn’t feeling much pain. I got checked out and went home ( Whidbey General, not a great day for you to get reviews from me ) Now that the pain has firmly set in, I am planning a visit to my doctor on Monday.

    Now that the story as been set as to what happened, from the biking communities knowledge what is going to happen to the driver? Do I have any legal recourse for the pain I am experiencing? I am assuming the drivers insurance will cover my medical and bicycle replacement, is this going to be a struggle to get my damages paid?

  2. #2
    thompsonpost
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    Get legal council, NOW!!!!

  3. #3
    totally louche Bekologist's Avatar
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    give a call to John Duggan or Harvey Grad.
    "Evidence, anecdote and methodology all support planning for roadway bike traffic."

  4. #4
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    Cascade keeps a list of attorneys that specialize in bicycle law: http://www.cascade.org/Community/legal.cfm

    Contact one of them, immediately.

    Ideally someone should have called the police at the time of the accident.

  5. #5
    Sore saddle cyclist Shifty's Avatar
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    So sorry to hear about your experience, it's our worst nightmare.

    Gather information as quickly as you can, police report (check this for accuracy and work with police to correct), drivers information on insurance, was ticket issued to driver. Contact your insurance company, homeowners, your car insurance, get their advice and coverage info.

    As others have said, get a lawyer as soon as possible, a good bike lawyer in Seattle or a local pitbull, they need to go to work right away.

    Good luck
    Those voices in your head aren't real, but they have some great ideas

  6. #6
    Grillparzer Grillparzer's Avatar
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    Lawyer up, it's time.
    Don't go out on a bicycle wearing a tail coat unless you enjoy making a ridiculous show of yourself.

  7. #7
    Duct tape won't fix that slotibartfast's Avatar
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    I hope all you have is just bumps and bruises - could have been a lot worse. +1 for getting a good lawyer - it's the only way to go. Glad you're mostly OK. Hang in there.
    It's no matter, no distance, it's the ride.....Stephen Stills...Throughfare Gap

  8. #8
    Senior Member Daveyboy's Avatar
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    Scary - I hope you are ok and there's no permanent damage. It's also a good thing you had a couple of witnesses, and they stopped.

    I just rode the full length of Whidbey yesterday....

  9. #9
    I'm shovel-ready! buck mulligan's Avatar
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    I know a PI lawyer in Seattle (Ballard neighborhood - I'm a lawyer, although I don't do PI) if you need a referral. You may get a phone call or even a visit from someone representing the driver's insurance company. If you do, DO NOT speak to that person! Not a word - nothing - not even a general description of how you feel. ALL you have to say is that you have nothing to say without your attorney present. THIS IS IMPORTANT. Not all insurers do this, but many do, and it's a trap. We're all glad to hear that you're okay, or at least as okay as one can be after getting hit by a car at speed - take care of yourself!

  10. #10
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    Thanks for the information everyone, I have not spoken to the driver and certainly do not plan on it.

    I got on list of lawyers from http://www.cascade.org/Community/legal.cfm and I am going to be getting in touch with one of them today.

    The police had been the first responders and seemed to be pretty efficient in this situation. I will be collecting the police reports and all important information today once the police station opens for business hours. I will post the details of the report on here if you guys are interested.

    Once I can get a lawyer on this I am very interested to see if he/she can get cell phone records from the time of the accident, from what one of the county sheriffs told me she said the sun was in her eyes and she did not see me.

    Thanks again for all the info, and well wishes!

  11. #11
    Cycle Year Round CB HI's Avatar
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    Quote Originally Posted by mikey07005 View Post
    from what one of the county sheriffs told me she said the sun was in her eyes and she did not see me.
    True BS, and does not explain why she was driving on the shoulder. Your lawyer should be able to get the cell phone records.

  12. #12
    Col du
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    The driver damn well instantly knew they hit you. Driving away from someone they could have just killed, and then coming back after they thought about it and realized they couldn't get away with it, speaks of their character. This driver will screw you over every which way they can if you let them. And they will try to get away from any responsibility, monetary or otherwise.

    Get a lawyer. Collect all information on the driver, the police report, and names of officers and witnesses. Don't talk to anyone yourself. Let the lawyer do their thing.

  13. #13
    Senior Member pat5319's Avatar
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    yup, lawyer up- I've been there done that FIVE times - paid for some sweet bikes that way, but some of of the pain and damage to me still lingers. I didn't let some all of my lawyers take the "first offer" I asked for more (ie the cost of the bike at that time- $1000) and got it!
    Pat5319


  14. #14
    Perpetual dmoney19's Avatar
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    Quote Originally Posted by Tourmalet View Post
    The driver damn well instantly knew they hit you. Driving away from someone they could have just killed, and then coming back after they thought about it and realized they couldn't get away with it, speaks of their character. This driver will screw you over every which way they can if you let them. And they will try to get away from any responsibility, monetary or otherwise.

    Get a lawyer. Collect all information on the driver, the police report, and names of officers and witnesses. Don't talk to anyone yourself. Let the lawyer do their thing.
    What he said.

  15. #15
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    I was in an accident last December with injuries. It was the driver's fault and their insurance is covering everything. Despite the driver being cooperative and their insurance accepting liability I am a glad I got a lawyer if only to deal with insurance companies! I'm not even done with medical treatment and I am already getting letters trying to get money for medical services rendered. Good luck!

  16. #16
    Fred
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    I live on Whidbey as well, and was hit about two years ago by a lady that pulled out of the Oak Harbor Jack in the Box parking lot onto 20. I wasn't hurt too bad but my bike was destroyed and I was scratched up pretty good. She was given a "failure to yield ticket", I got a call from her insurance company a couple days later and they tried to settle. I got a lawyer and I ended up with almost 20k. Were did you get hit at? I ride the back roads on Whidbey almost every day.

  17. #17
    Senior Member Kimmitt's Avatar
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    Lawyer lawyer lawyer lawyer lawyer
    I see unexamined people. All the time. I don't think they know they're unexamined.

  18. #18
    Enjoy
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    So sorry you were hit. Hope you are doing better. I was hit also this week. http://www.bikeforums.net/showthread...-a-car-but-why

  19. #19
    ah.... sure. kayakdiver's Avatar
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    Did the doctors at Whidbey General say anything about another cyclist visiting them(me) just a month ago?

    Glad you seem to be in pretty good shape.
    Save 15% on your first order at Hammer Nutrition!!

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  20. #20
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    From the little bit of reading I have done in the local papers on the island motorists hitting pedestrians and bicyclist is waaaaay toooo common. It would expect places like Hwy 20 to be a bad place to ride, but my accident was way off in the beaten path.

    How did your accident happen last month? Did you have any medical/property damages?

  21. #21
    ah.... sure. kayakdiver's Avatar
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    Quote Originally Posted by mikey07005 View Post
    From the little bit of reading I have done in the local papers on the island motorists hitting pedestrians and bicyclist is waaaaay toooo common. It would expect places like Hwy 20 to be a bad place to ride, but my accident was way off in the beaten path.

    How did your accident happen last month? Did you have any medical/property damages?
    Broken nose.. cut up face and lip. Ambulance ride and emergency room visit. Bike destroyed along with helmet. It sucked. Care pulled out in front of me at Frostad and hwy 20. Not much to do but plan on it not feeling good. Driver ticketed and his insurance has been paying my medical bills.

    Glad you're recovering. Get back on the bike as soon as you can. Don't let this stop you from riding.
    Save 15% on your first order at Hammer Nutrition!!

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  22. #22
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    Quote Originally Posted by kyakdiver View Post
    Glad you're recovering. Get back on the bike as soon as you can. Don't let this stop you from riding.
    I have been patiently waiting for my new bike to come in. I keep dreading sunny days because I dont have any wheels.

    There have been more lovely developments in my claims for damages and medical expenses, this is going to be a long up hill battle. I will post the details when the situation is resolved.

  23. #23
    Enjoy
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    Glad you both are feeling better. Yesterday, was my first day out on the bike. Lots of back and hand pain. Luckily we just rode on the bike trail. I'm not sure I'm ready for the cars wizzing by right now.

    The word is definately getting out that drivers are getting ticketed. I overheard a cager giv'n it to another about some other bike incident. 'What do you mean you didn't see him. The guy was lit like a Christmas tree, you should...blah, blah, blah'

    Guess if you're a cager who hits a cyclist, it's OPEN SEASON

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  24. #24
    Senior Member redspoke's Avatar
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    Quote Originally Posted by mikey07005 View Post
    I am new to the cycling world, bought myself a brand new Kona Dew Drop and have been riding my heart out. I took advantage of the nice weekend we are having here on Whidbey Island this weekend and set out for a 25 mile ride.

    At mile 13 on this lonely country road well into the shoulder closer to the grass than the white line marking I feel this violent shove. Next thing I know I am waking up on the side of the road scratched and bruised up pretty good and watching this car disappear around a bend down the road.

    Two people saw the car hit me, and stopped to help. One person said I went flying and she had no clue how I was able to get up after that. Eventually the person who hit me came back ( I think because they noticed there had been witnesses ) and was interviewed by the police when they arrived.

    I went to the hospital with adrenaline pumping in full effect and wasn’t feeling much pain. I got checked out and went home ( Whidbey General, not a great day for you to get reviews from me ) Now that the pain has firmly set in, I am planning a visit to my doctor on Monday.

    Now that the story as been set as to what happened, from the biking communities knowledge what is going to happen to the driver? Do I have any legal recourse for the pain I am experiencing? I am assuming the drivers insurance will cover my medical and bicycle replacement, is this going to be a struggle to get my damages paid?
    Lawyer? YES!
    My other bit of advice that's really important... DELETE THIS POST ASAP! Your location isn't exactly NYC.
    Good luck!

  25. #25
    Cycle Year Round CB HI's Avatar
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    Quote Originally Posted by mikey07005 View Post
    I have been patiently waiting for my new bike to come in. I keep dreading sunny days because I dont have any wheels.

    There have been more lovely developments in my claims for damages and medical expenses, this is going to be a long up hill battle. I will post the details when the situation is resolved.
    Rent a bike until then and charge it off to the insurance claim.

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