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Singlespeed & Fixed Gear "I still feel that variable gears are only for people over forty-five. Isn't it better to triumph by the strength of your muscles than by the artifice of a derailer? We are getting soft...As for me, give me a fixed gear!"-- Henri Desgrange (31 January 1865 - 16 August 1940)

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Old 08-11-08, 12:41 AM   #1
dntwry
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hit by a car. what happens next?

so i was riding at night and i was trying to get to the left turn lane to turn left. so i look back and see there is no car so i signal and go into the lane. at that moment, an old lady speeds up and hits my back wheel really hard. i hit the hood and it sends me flying forward. i land and i stand up with only a scraped up arm and a leg with a minor ache. i motion that im not badly hurt and i walk off to the side because other cars were coming trying to pass by. that was my mistake cause the lady just boned out when i was going to the side. then, two guys come around to me saying that they saw everything and they give me the lady's plate number and theyre phone numbers for witnesses and all that. then i call the cops and tell them my story and the info when they arrive. they take it all down and give me an incident number and they tell me that theyre looking for her and then they leave.

now my back wheel is completely ruined, my frame is bent, and one of my cranks is bent.

is there anyway i can get some money out of this to fix/replace my bike parts?
if not, is anything going to happen to the lady who hit me?

a hit and run should not go unpunished, especially when a bicyclist was hit cause that is just f*cked up.
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Old 08-11-08, 12:59 AM   #2
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That sucks man, sorry. Hopefully, if the police officers you spoke with are actually good about doing the right thing, they'll find her & some sort of resolution will come out of it. Keep n touch with the cops & keep your incident number handy. If she is found, and if she is an insured driver (no sure thing no matter how old she is), then her insurance should pay for all the damage to your bike, and any extenuating medical treatment you may need to receive. Old lady or not, she needs to know that buggin' out after she just had someone roll off her hood is ****ed up and she needs to pay for it (financially that is).
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Old 08-11-08, 01:49 AM   #3
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please keep us updated.
they should have arrested her by now, im sure.
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Old 08-11-08, 03:52 AM   #4
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please keep us updated.
they should have arrested her by now, im sure.
Yeah, please keep us updated, and i really hope everything turns out okay.
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Old 08-11-08, 04:13 AM   #5
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hit by a car. what happens next?Generally, there`s a flying sensation as you`re tossed toward the windshied. Often this is followed by a shattering of glass and a subsequent roll to the pavement. Your experience may vary.
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Old 08-11-08, 04:17 AM   #6
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^^What a Richard
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Old 08-11-08, 08:14 AM   #7
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This is a hit and run accident. The lady and her insurance company will need to eventually pay for all damage to your vehicle (bike.) The law says that anyone who hits another vehicle from the rear is responsible. You might have a problem since this ocured at night. Were you and your vehicle properly lighted and reasonably visible?

You have vehicle damage, and I would assume some physical damage to you requiring some medical attention. If not immediately, then a few days later with aches and pain. Go see a doctor right away.

Don't talk with the lady's insurance company, telling them anything other than you were hit from behind by their client. There is a police report. You'll be glad to talk with them in the future when you file a claim. Youn have meybe two years from now to file a claim.

Her insurance policy probably has a few thousand dollars in it to cover immediate damages. Ask them to replace your bicycle now so that when you recover from physical injuries sometime in the future you will have transportation. If you have serious physical injuries to yourself, how are you able to ride a bike? Your doctor should give you an estimate of when you can return to different activities. Returning to certain activities does not mean the same as full recovery from your injuries.

Unless they can prove you were negligent or at fault, they're screwed. Maybe get a lawyer.
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Old 08-11-08, 08:29 AM   #8
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What happens to the motorist may depend on how (or if) she's charged. In Toronto, motorists are commonly charged under the Highway Traffic Act meaning they get fines and driver demerits. If they were charged under the criminal code, there'd be stiffer penalties but they almost never are. The cops may not charge her with failing to remain at the scene, but there's case law in Canada that supports the motorists need to stay even if it appears the injury to the cyclist is negligible.

Never hurts to talk to a lawyer. You have lots of information, which is really key, particularly witnesses at the scene and a police report.
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Old 08-11-08, 08:31 AM   #9
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the first thing you should do is not make statements on the internet. any lawyer will tell you that
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Old 08-11-08, 08:37 AM   #10
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do you live in a no-fault state and do you carry an automobile policy?
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Old 08-11-08, 09:16 AM   #11
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... any lawyer will tell you that
.....all the more reason then......
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Old 08-11-08, 09:53 AM   #12
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get a lawyer
ask a mod to delete this thread
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Old 08-11-08, 10:23 AM   #13
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get a lawyer
ask a mod to delete this thread
+1
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Old 08-11-08, 04:37 PM   #14
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You might have a problem since this ocured at night. Were you and your vehicle properly lighted and reasonably visible?
In PA at least, the only light you're legally required to have is a headlight. And leaving the scene of a collision is a felony. And yes, see a doctor (even more so if you have insurance and/or auto insurance - the insurance company will bill the driver once she's found and might even deal with the police for you).
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Old 08-11-08, 05:59 PM   #15
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old lady gun get buttraped

don't drop the denture paste
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Old 08-11-08, 06:56 PM   #16
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old lady gun get buttraped
**** humor. Well that's just great. Stay classy!
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Old 08-11-08, 07:04 PM   #17
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**** humor. Well that's just great. Stay classy!
sounds like someone has some PTSD. you keep using those old Will Ferrell quotes!
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Old 08-11-08, 07:09 PM   #18
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Sorry man.. hope everything turns out ok. And make sure you check out your injuries later on.. when I was in my accident I walked off with a bloody hand and thought that was it, but later on the whole left side of my body was so sore that I couldn't get out of bed. Best of luck.
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Old 08-11-08, 07:10 PM   #19
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Pics of your bike or it didn't happen
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Old 08-11-08, 07:40 PM   #20
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the first thing you should do is not make statements on the internet. any lawyer will tell you that
Probably the best advice possible. Don't talk to anyone about it online or elsewhere.

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You might have a problem since this ocured at night. Were you and your vehicle properly lighted and reasonably visible?
Find out about your local local laws on this. Best way is by getting a lawyer. The state will prosecute the criminal aspect related to the hit and run, but you need a private attorney to file a civil suit to get damages (compensation) for the injuries to your property and person.

Don't use the yellow pages, rather, call you local Bar Association for a referral so you won't get an ambulance-chaser. An attorney will take a case like this on a contingency basis so you only pay if they win. Downside: there will charge between 20-30% of the eventual decision.

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In PA at least, the only light you're legally required to have is a headlight.
No offense to the poster of this response but this is an example of poor advice from a well intended party. PA requires a light (visible from 500 feet) at night in addition to the state mandated requirements of a red rear reflector, white front reflector, and amber reflectors on the far left and right sides (pedals) of the bike. See section 3507. This is PA as well, we have a conservative state legislature and as a result far fewer laws controlling individual behavior. Many other states may have more regulations for night riding meaning the could be contributory negligence for not complying with those laws.

Again, get an attorney.


Local jurisdictions often have additional requirements. For instance Philly technically requires a bell, but the fine is only 3 bucks, and I doubt most cops know about the law.

Last edited by illadelphia esq; 08-11-08 at 07:52 PM. Reason: Added emphasis
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Old 08-11-08, 07:43 PM   #21
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Pics of your bike or it didn't happen
He has witnesses to subpoena and I assume the bike has not been bent back into shape.
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Old 08-11-08, 07:56 PM   #22
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Would the lady be found not responsible if the cyclist didn't have the required lights and reflectors?
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Old 08-11-08, 08:05 PM   #23
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Would the lady be found not responsible if the cyclist didn't have the required lights and reflectors?
I have no idea where this happened but most likely there is strict liability for the hit and run. That would mean that she is guilty for doing the act regardless of the reason. Essentially, had she stopped there would be no hit and run. This is a criminal matter.

As far as getting him $$$ for his bike and injuries the fact he may have been disobeying laws can factor in in various ways depending on the jurisdiction. That is to say that in some places they will take away a percentage from the damages (compensation) awarded equivalent to his level of fault, some places will not give him anything if he is more then 50% at fault, etc. It depends on the laws of the state/province/country you live in.
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Old 08-11-08, 09:17 PM   #24
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It is a bad idea to talk about legal stuff on public forums such as this. In the modern world people's sense of personal boundries have eroded. Lawyers know this. If your legal issue comes to any sort of contention, the opposing side will prolly ask you a question like, "Are you a member of any internet forums, and if so, what is your screen name?" They will then search your posts to see what statements you may have made about the incident. If they can they will then use those statements against you, especially if your story has changed in any manner. There is a reason there is legall protected attorney-client privledge, and you don't want to blow the benefits of that by posting legal issues in a public forum.

As others said, delete your post.
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Old 08-11-08, 10:20 PM   #25
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the first thing you should do is not make statements on the internet. any lawyer will tell you that
haha says who. there no risk here of him getting screwed for asking advice. theres no knowing who he even is! I've been rear-ended twice and collected money both times. Nobody asked or cared if i ever talked on a message board. You guys are paranoid!

Last edited by Ride Among Us; 08-11-08 at 10:25 PM.
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