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Old 08-13-08 | 08:47 AM
  #189  
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kokomo61
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Joined: Nov 2006
Posts: 914
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From: Herndon, VA

Bikes: Giant OCR C2, Kona Jake the Snake, Scattante 650-R

UPDATE: 08/13/08 -

Physical - rode the trainer 2X this week, and did a very relaxed 30 miles on Saturday. I was stiff and my left leg was a little tingly afterwards...but that went away after 2 minutes. PT is a bit easier, but I still have limited flexibility in my hips and legs. Ribs hurt less, but still hurt.

Bike - new bike comes in this week. I'm going to have the LBS install the new tires, fenders and rack (shouldn't cost much, and will save me some time. I'll move the lights and GPS mounts over.

Legal - Talked to the town prosecutor today....
Bad points: They are not going to upgrade any charges. They generally don't stack charges in an accident if there is a specific primary charge that will take care of it. e.g., they won't add passing on the right or moving his car away from the impact point.

Good points: He doesn't have a lawyer, and is likely just to ask for a downgrade of the charges because of his 'perfect' driving record. This town doesn't downgrade charges. The judge is likely to accept the GPS evidence, and if he doesn't have a lawyer present, we'll go first thing in the morning, instead of waiting all day. He's pleading not guilty in the hope of keeping it off of his insurance and avoiding any civil liability (but, he won't be able to avoid either).

Still have to talk to a PI attorney about the PD settlement - as to whether 'consequential' damages fall under PI or PD (my gut feel is that they go under PI, since I couldn't ride as a result of the injury, not the loss of the bike).

Should be another update after court on Monday.....
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2020 Giant Defy 2
Fuji Cross Pro
Scattante 650-R trainer bike
'06 Kona Jake the Snake




Last edited by kokomo61; 08-13-08 at 08:53 AM.
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