Just hit us back when it's all resolved legally. Good luck with it.

My opinion, if your're not going to pursue prosecution on the offender who got caught, don't bother telling your story here. I've got a sympathetic ear but if you don't want to stand up for yourself in court keep it to yourself.

Sorry to hear about your road bike, but am glad to hear that you're okay.

Your uncle's advice not to discuss the details here (or anywhere either online or IRL where could be overheard) is the best advice, and too many hurt their cases by discussing the details of their collisions. I would recommend following up with the DA and pressure them to file charges against the woman who hit you.

I'm sure that your uncle has already told you this as well, but it doesn't hurt to repeat it. Make sure that you get a copy of the incident report to use to file a claim against the woman who hit you. Also I would recommend that you go back in a couple of weeks to be re-examined to make sure that nothing has developed between now and then. As not all injuries are going to present themselves right away.

Oh man.... Definitely lawyer up and file charges. This woman left the scene of an accident where personal injury (albeit, not serious, according to your description) was involved. Is there anyplace in this country where this is not a serious crime?

Glad you are ok.

I haven't said what I am or am not going to do. And like I said at the advice of my lawyer unfortunately I'm not going to talk about this. If you don't want to read my story there are plenty of other areas of the internet for you to read. Also I didn't come here to tell a story anyways, I came here to get advice on how to best handle it thinking maybe someone has been in a similar situation.

You sound like a smart guy because you didn't want to make decisions while under the influence of the crash. Do yourself a big favor and ask around and find a good lawyer to consult with instead of asking a bunch of cyclists. :) What do they know about legal decisions?

when a policeman asks a citizen "do you want to press charges?" is generally implying 'if you say "yes" the accused is going te be handcuffed, arrested, hauled off and booked into jail.

keep this in mind the next time a policeman asks.

If the policeman did his job and filed the report as he should have, in this case of an injury accident involving a pedestrian/bicyclist and motorist leaving scene, the case likely is NOT over for the lady regardless of the OP's actions now.

In my experience he was being asked if he wanted her to get hauled off to jail.

Utter nonsense in your State of Washington, Bek. In any criminal case in Washington, the victim does not 'press charges,' the State or City does. Police in Washington State do not ask, 'Do you want to press charges,' unless they are totally ignorant of the law. Therefore, Bek, when you say 'In my experience' you are lying in reference to the State where you live. You are simply making this up.

Good luck. Hope you try to hold them accountable. Something similar to your accident happened in my neck of the woods this week, too.

OP, do get a copy of the police report with your statement in it. Use it for the insurance claim and reread it just before you take the stand if the case does go to trial. That way, the defense has less chance of making you sound like you are inconsistent and implying that you are a liar.

Take photos of your bike and road rash. Take photos of the collision area both in best light and in similar light as when the collision occurred. Be ready with the photos and a copy of bicycling laws in your state to prove you were in the right when the defense tries to make the collision seem like your fault. Even though who was at fault should be irrelevant for a fleeing the scene case, the defense will still try this tact.

If there was no bike lane, make sure your photos show that. If the police report does not indicate how wide the traffic lanes are, then have that info available.

We know you should not post any facts/info now, we do hope that you will come back after the case and insurance claim are settled and update us with the details.

A couple of points. First, the state or city is the entity that "presses charges" in a criminal case. In many cases, the state proceeds without the consent, and sometimes even against the wishes of the victim. However, it's much easier and more productive if the victim wants to proceed. Prosecuting cases with a recalcitrant victim is frustrating (once, after spending a week tracking down my victims and getting them court on the day of trial, they left while I was giving my opening. It's embarrassing to call your first witness, and the bailiff comes in and tell you they're not there.) As a practical matter, it's always better if the victim wants to proceed. It's not unusual or improper for the officer to ask the victim if he wants to proceed. The answer, if an officer asks, usually should be "yes" - it's much easier to drop a case down the road than to get the state to start it up once the police do not proceed.

Second, the act of leaving the scene is a separate and different matter than the accident itself. The OP might have been at fault in causing the accident - that probably is a civil matter and he got good advice in being told not to discuss it here. Whether he was at fault is irrelevant in deciding the separate matter of whether the driver left the scene. Regardless of whose fault it is, a driver must stay at the scene to render aid and give information.

Finally, because they are separate matters, the decision whether to prosecute is unconnected to any civil compensation the OP might be entitled to. Whether the driver stayed or left usually doesn't matter for civil purposes because the damage was done by the time the driver made the decision. The only time it matters is if, by leaving, the driver increased the victim's injuries, by, say, delaying treatment. Also, leaving might be evidence of consciousness of guilt if there is a dispute about whose fault the accident was.

What was the cop asking/telling the OP? The OP interpreted it as "do you want to make a complaint?" or do you just want to sue her" ?
Was the cop actually leading the OP to not push it because he-the cop-thought it was a waste of time??No injury, no damage,-maybe he "just fell" ???
Oh well
Charlie

excuse me? you think police never ask citizens if they want to 'press charges?' That's terribly naive.

I understand how the legal system works, I'm not describing the process by which charges are formally brought up in a courtroom (where no one rides a bike either ;) ) I'm talking about a cop pulling a citizen aside and saying something to the extent of "If you're willing to press charges we can haul him down to the station right now. if you don't wish to file a complaint at this time, there's little we can do..."

these types of conversations likely take place dozens of times a night in Washington state.

I'm sorry, dude. this is real world stuff here. When a policeman asks a citizen, in the context of a dispute, 'do you want to press charges' and talk to that extent, the policeman is generally implying that the policeman is perfectly willing to take the other person into jail and book them on these 'pressed charges'.

ask a cop. they'll tell you that's what they mean, when its a civil dispute, or this type of altercation.

seriously, dude. lose the hate. some of us operate in the real world.

It's true that the state has to be the one to prosecute in the case of criminal charges; an individual can't bring criminal charges. However, getting a conviction requires having evidence, and if the wronged party doesn't want to be involved with a prosecution, there's not much point in bringing charges, it's just a waste of time and money.

Bek is totally right here. The officer is implying that there's ample evidence for an easy conviction here, but they want to make sure that the OP is willing to cooperate with the case.

She hit you and couldn't give a F##K if you were dead, she just left you lying on the street like a dog. A felony hit-run charge is the least she deserves. :mad:

And once she's a convicted felon I'd be seeking out a pit bull of a lawyer to screw her as hard as possible in civil court as well. :mad:

OP - don't listen to posters on here. follow the advice of your attorney 100 %.

This lady left you lying in the street injured and you're conflicted about prosectuing? Hang the
bi%ch.

#1 -- listen to your lawyer.

#2 -- see #1, but consider that defending against felony charges is very expensive even if you win, and if you lose it can really screw your life up.

Now, she deserves to have her life screwed up, but if the prosecution really is up to you, and she's got some money, you may be able to come to a good arrangement here. For example, it may very well be worth $50,000 pain and suffering damages to her (plus medical bills and the cost of your bike) for you not to prosecute her. If so, how much is your satisfaction of possibly seeing her in jail worth?

I'm not saying that you should do this -- and in general the people who run aren't the people with money, but it's something to consider, and something your lawyer ought to bring up if it's an option.

I'm guessing the OP was kind of rattled, and that is why he didn't do what we figure is obvious and say "yes, I will cooperate in her being charged."

Instead he felt a bit befuddled while talking to the LEO, so when he got home he wrote to us "I didn't want to make a legal decision while foggy." He probably already knew that "Yes, charge her" was what he should have said, but he didn't, so saying "not making decision while befuddled" sounded better than "I was jumped up on adrenalin, so I just wasn't thinking straight, and I screwed up."

Tough to act correctly when you are kinda jacked up after an accident.

I wonder if she got any sort of a ticket-reckless driving etc-that indicated she was a fault in the accident??? If not, then it would be tough to squeeze any $$ out of her or her insurance company.

Curious how this will turn out.

The OP said nothing about who was actually at fault in the accident, did he?

Charlie

I'm going to back up Bek. I witnessed a cyclist get hit by a car this spring. After all statements were taken and cops were finishing up, they very clearly asked the cyclist who was hit if he "wanted to press charges." He declined and everyone left.

Oh ... and for the original poster ...

If you do get some money out of her, give some of it to the guy who chased her down. 5-10% perhaps, I dunno. If it wasn't for him, she would have likely gotten off scott free, so he does deserve a reward of some sort. (He may refuse it, but you should make the offer.)

And if you don't get any money out of her, at least offer to buy him dinner or some beer or something. Just let him know how much you appreciate his help.

I think you are right, but missing one other side of things. The cop is also asking are you willing to participate in the prosecution. Having a willing witness can make a difference and will get factored in to a prosecutors decision, the OPs willingness along with that of any other witnesses does make a difference.

To the OP, your first post said she sped away. To me that makes a huge difference. That makes the run in hit and run exactly what we first think of when we hear the term. I'm generally a forgiving type (I was hit from behind and asked for nothing more than the cost of rebuilding a wheel, but the guy stopped and at least got me home with my bike unridable). This driver might just have well left you to bleed out when with just a phone call you could have been fine.

Yes, but before she said "I gotta go" she said "Sorry." Surely that counts for something!

Joking of course.This is funny since the OP wasn't hurt much-just the usual road rash we all occasionally get..

What sort of shape is the bike in??

I wouldn't prosecute.

Felonies take alot of things away from people.

If they do not want to have a lot of things taken away, then they can simply not commit the felony.

Is that such a hard concept to understand?