Got hit and runned
 

Hey everyone,

I'm gonna keep this short for now because I just got home after being questioned by the police and I'll post a more detailed report tomorrow when I feel better. I got hit and runned tonight when riding home from work. I had lights and a helmet on. The cops actually CAUGHT the lady because one guy who saw it chased her down after she sped away got her plates and followed her to her apt complex.

She sped away while I was laying in the street saying "Sorry I gotta go." The cop was kind of pressing me about prosecuting her (I got the vibe he was thinking I should) because it's a felony and I think he kinda didn't want to see her get away w/ it. So I have a police report, witnesses, the perp, and a case number. I told him I wasn't sure about the prosecution because I wasn't in the right state of mind to make legal decisions after getting hit.

He basically said I could either have the case sent to the DA and try for the felony or try to get like a civil agreement (I.E. she pays for my bike/med bills). I don't know what to do, I'll talk to my uncle tomorrow who is a lawyer.

Either way I'm more or less ok, some road rash and I'll probably feel it in the morning but I'll live to ride another day.

Any advice would be useful. Stay safe everyone and keep the rubber side down.

Glad to hear you're ok. Talk to your uncle, any legal advice from a bunch of strangers in the Internet is worth its price, ie not much. :D

That said, if she was the one in the wrong, I'd prosecute, just to show her leaving the scene isn't such a good idea after all.

--J

Glad that you seem to be more or less OK.
I'm no legal expert, but did she not commit a criminal act and become liable for damages?

I don't think an act like this should be dismissed with a slap on the wrist/ insurance premium hike.

Again, the most important thing is that you're OK.

Got it, thanks Metzinger.

Ok I'm gonna hold off on the details of what happened until I talk to my family/lawyer. But just to let everyone know #1 important thing is I'm safe, sound, and at home. :)

Damn-it man you have to press charges otherwise she'll just do it again. Glad to hear you are ok but she needs to be prosecuted.

Even if you were at fault she left the scene of an accident - that is a crime.

Well I looked it up from this law firm in my county:

http://www.expertlawfirm.com/crimina...t_and_run.html

and this website seems to echo the first:

http://www.shouselaw.com/mishr.html

and here is the exact law in my state as far as I can tell:

http://www.deadlyroads.com/laws/cali...run-laws.shtml

That is what it says. I'm still going it over in my head and I want to talk to my loved ones and lawyer first. I'll keep you guys updated.

Take the opportunity to 'nail her hide to the wall'. The police are actually supporting you.

When I was hit last year, both the local and, county police departments, who answered the call, refused to file a report, as a result of my not needing to go to the hospital.

I'd do both. Go for the felony conviction. Then once that's over, go after her for a civil damages suit.

The only problem with that is that it keeps damage $$ away from you for longer. If you can afford it, it's worth it. "People" like this need to be slapped really hard; what the hell are they thinking that they can injure someone (for all she knew, you could have had internal injuries and might have died) and just drive away? Simply indefensible.

It would be a service to all those who are hit and the driver never found, or no witnesses so the driver gets away with it, to make sure that in this case with witnesses and all, to make sure this one goes through ALL the proper channels.

I second that, if she was at fault pursue it to the fullest extent of the law. If for no other reason then to let motorists know that they can't get away with such behavior.

My first impulse would be to file charges. She sounds wreckless and like a danger to others. But every case needs to be considered independently. Maybe there was an extenuating circumstance. It sure does NOT sound like it, but only you know. Hopefully you will do the RIGHT thing for YOU.

Yeah...no. There is no extenuating circumstance for leaving the scene of an accident. Yes, the accident itself may have other circumstances. Leaving the scene, though, is a deliberate and criminal act.

The point I was attempting to make was that WE (being internet posters here) don't know much about the situation and patently promoting a legal action might be a touch irresponsible on our part.

Yes, PROBABLY, the right course is to file ASSUMING the LIMITED detail provided by the OP.

I would rather let the OP and his lawyer and family decide. Wouldn't you?

There ya go.

I'm glad that you weren't hurt too badly.

Speedo

Yeah, like maybe she "didn't see him," or maybe "he just popped up out of nowhere," or maybe "he swerved into her lane." Or maybe she thought she hit a deer.

She hit him, and then ran. There's no defending that.

As long as drivers are allowed to get with using the above as "excuses" for why they hit someone then drivers will have a license to kill cyclists and pedestrians. We need to crack down on reckless and distracted driving.

At least the LEO who responded isn't accepting her excuses and is encouraging the OP to press charges. We've heard too many times here where LEO's weren't willing to even file a report because they didn't think that there was enough damage done to warrant a report being filed.

Here we have a case with witnesses and a LEO who is encouraging the OP to press charges.

Given the very real possibility of whatever details the OP shares being twisted by the woman who hit him lawyer I would advice the OP NOT to post anymore details then he has already posted.

The best thing is to discuss it with his family and lawyer and make the decision together. But in my opinion especially if the OP was doing everything by the book. He should press charges, especially as I noted in my previous post that he has witnesses and a LEO who is encouraging him to do so.

I mean stop and think about it for a minute, how often are the LEO's actually on our side in a car v. bicycle collision? They're usually too quick to side with the motorist. So here we have one who is siding with the cyclist as it were.

If nothing else she needs to face charges for having fled the scene of an "accident" with property damage and injuries.

I do not get it. The LEO has witnesses to a serious crime, why does the LEO need the victims consent to forward the investigation to the DA with a recommendation for prosecution.

But OP, since the LEO expects you to decide, please get the DA the prosecute her on behalf of yourself, all cyclist and good motorist.


OP, see a doctor today and make sure there are no hidden medical problems. Have a LBS check your bike to make sure the wheels are true, the frame is true and hit her insurance up for every bit of damage (torn shirt, chipped paint on the bike, etc.). If you were wearing a helmet make her insurance pay for a new one. Helmet manufacturers insist, and I agree, that any helmet in an accident can have hidden damage and is no longer safe to use and must be replaced.

You will be a witness for the prosecution, so be sure to ask for mileage (even if you ride the bike) and standard time compensation that witnesses get from the court for each time you have to go to court.

Good luck with everything, and look at it as a good opportunity to see our legal system in action.

THE LEO isn't a fool. If the victim isn't interesting in pursuing the case it would be a waste of time and money for the cop to push it.

But, if you don't have the cop pursue it, it will make it nearly impossible to get any $$ out of her.File the complaint with the cops asap, if you don't she won't pay for your bike etc

Charlie

She left you lying in the street? Are you kidding? File charges.
Glad that you are ok, did you have a Dr. check for any head injury?

My thoughts as well......F-her

What does the OP being interesting or not, have to do with the LEO being a fool.

Plus, who exactly claimed the LEO was a Fool?

Also interesting, is the change in laws which force LEOs to make an arrest in domestic violence, regardless of the victims desires.

Good question, given that there is at least one witness that should be enough for the LEO to file charges on their own.

Another good question.

And in some of those domestic violence cases how do we know that the "victim" didn't inflict the injuries on themselves in order to get their partner in trouble? There a lot of weird and strange people out there who would do something like that.

I say file charges.

RVD.

No one said the LEO was a fool.I said, in effect, he proved he wasn't a fool by not pursuing a case without a willing victim. The cop needs the victim-in this case- to say "I want to file charges."
The "fool" was just a figure of speech,"my momma didn't raise any fool."-the cops momma didn't raise any fool.
So, just to make it clear,
1)I said the LEO wasn't a fool.
2) He proved that by doing what he was trained to do.
3)Just a figure of speech.
4)No I wasn't calling CB HI a fool.There isn't any reason he would know that-unless he is a LEO, or lawyer.

The OP will have a hard time getting any $$$ from the hitter if he doesn't file charges.She hit him and left him in the street.

Charlie

Hey guys,

Ok so I went to the doctors office today and got checked out. I'm fine except some minor scrapes. That is the #1 important thing in my mind.

I also talked to my Uncle and he said basically not to talk about the details so I'm sorry I'm gonna have to leave you all in the dark but thanks for the well wishes. He also said what many of you said that the cop misrepresented my role in the whole thing. He said prosecution is up to the DA and I don't really have a choice in it even though I was kinda lead to believe that.

Either way thanks for all your advice and concerns. Ultimately like I said my health is my #1 concern and that has checked out so I'm happy :thumb:. I'll see you all out on the road.