Church Street and W&OD trail in Vienna.

I was crossing eastbound, and cars were stopped in either direction. He came from the RH side, around the line of stopped cars, in an area where there are normally parked cars. On the Google Maps link you can see cars parked on the RH side where he went.

http://maps.google.com/maps?f=q&hl=e...03422&t=h&z=19

I was crossing in the red crosswalk area, and already past the 2 stopped cars on either side of the crosswalk, when he came around. I talked to the Vienna police, and he's been cited - I'll get the full report on Wednesday when I pick up my bike. I'll get good pics of it, and a full report from the shop. If it is just the wheel, I'm OK with replacing it, but again, any frame or headset damage, and I'll probably fight to have it replaced. The police already asked how much the bike cost to replace. I'll be making sure that all the accessories are intact, too.

That intersection does kind of suck. The trail's too close to the parallel side street there, so it's always seemed to me that drivers are too focused on the upcoming stop sign. There also seems to be insufficient trail marking - not that drivers pay much attention to it anyway.

I'll be headed that way tomorrow, I guess I'll be paying a little extra attention at that intersection.

Hope you make it through ok.

As for the guy that hit you, prosecute to the fullest extent. Remember that it is in his insurance company's best interest to minimize the claim-they are going to take it to him hard anyway. This is all about his insurance making you 'whole' again. I was hit (in my truck) a couple years ago, and ended up flipping shiny side down in a river, but the guy's insurance company still tried to lowball everything. It was not between me and the guy, but me and the insurance company.

heal quickly and correctly!!

Yeah. The sight lines aren't the greatest at Church, although worse heading west than east.
But sounds like the guy was just being ultra stupid.

Sorry to hear you were hit, but glad you're basically OK. It could have ended up a lot worse for you!

I'm curious, what are the laws there regarding bikes in the crosswalk? I would hope that because it's a MUP that there's some provision for them in the law - it sounds as if that's probably the case because the driver got cited, but does anybody know the specifics?

I really hate it because I am a big fan of VC, but in Oregon bicycles have all the same rights in crosswalks as pedestrians.

I am not saying we shouldn't have some sort of right of way where mups cross roads, but in OR we have right of way at every cross walk.

Bike have to obey the same laws as cars, including stop signs. The law in VA is to stop for Peds in the sidewalk, but I don't know about bikes. I stopped at the stop sign, and only proceeded when the 2 cars traveling in opposite direction stopped and waved me on.

I have to see accident report to see what he was cited under....I'll post that after I get the report on Wednesday.

Similar in Virginia. And cars must stop for pedestrians in a marked crosswalk.

ps Not that drivers pay much attention more attention to pedestrians than they do bikes. This weekend I was walking out of a Safeway store and crossing to the parking lot on the very wide, very visible crosswalk zone, the kind with many stop signs. A guy in a SUV did a rolling stop and proceeded to continue thru the crosswalk. Missed me by less than a foot, but only because I stopped short. Gave him a good yelling at for that one. At least he stopped for the crosswalk at the other entrance.

Remember when you have the bike shop estimate the cost of damages, make sure you explain that this is an insurance claim. Advise the shop that you want everything done at full retail pricing for the estimate. If the bike needs replacing ask for full MSRP + all of the applicable accessories + installation charges. This is full price to the insurance company (or the guy who hit you); they don't deserve any discounts. (After you have been paid & when you fix/replace the bike YOU may be eligible for the discount.)

Glad to hear that you are okay. I hope you get made fully whole from the insurance and what not. Although there is some of this that you can't really be made whole from. Was the guy an a-hole or did he appear to be remorseful abou the whole thing?

I never never never accept a wave through. Ever. It's one of the precautions that I use to avoid this kind of accident. Those drivers who are trying to be decent and helpful by waving you through may just get you killed. They wave you through only to fall prey to a jerk like the one who nailed you.

He wasn't being very talkative, but at first, he kept trying to talk to me and touch me while I was on the ground. I was pretty pissed off at the time, and I had to tell him (twice), "SIR, PLEASE TAKE A COUPLE STEPS BACK." I let the other witnesses help me off the bike and over to a nearby bench. He kept going on about how he 'wasn't familiar with the area' (he had PA license plates, and said he was relocating), but he couldn't recall his current address, and didn't produce a drivers' license - although the cops were there pretty quickly, and got everything for the report.

I'm going to be VERY thorough re: the bike, and I'm not giving anyone a break to be a 'nice guy'. I'll have the shop look it over for insurance purposes, and if I'm doubtful at all, I'm pushing for a new bike. I don't want to 'discover' some hidden damage when I'm flying down a hill, or trying to stop quickly.

Same goes for me - I'm going to my orthopedic doc this week, and will do another visit down the road to make sure that something else isn't screwed up. The only things that really hurt right now are my ankle (which has a nasty bruise on it), and my ribs are sore. We'll find out tomorrow AM just how sore I really am. Thankfully, they gave me the Motrin horse pills (800mg) and a Valium scrip. I'm not big on taking things, but I'm definitely taking the Motrin, and will take the Valium @ night to help me sleep.

I hear you on that - When I get a wave through, I acknowledge it, then immediately look the other way to make sure the other side stops, and if there are multiple lanes, I make sure that nobody is coming through those....I've had drivers get upset when I don't take wave-throughs because of that...

In this case, there was no other lane, and both sides were stopped. This guy went into the parking spaces on the side of the street to get around everyone and go through the crosswalk.

If it's a crosswalk and the cars are stopped, you have the right to go. The wave doesn't matter.

Back to the accident. I advise that you see a lawyer. Not just for you, but for all of us! If the public hears about huge lawsuites handed down to reckless drivers, we can all benefit. Sue him--God speed.

Once I get an accident report, I'll talk to an attorney. I'll also be very careful about any contact with the guy's insurance company.

I've had several situations where one car seemed confused that I didn't accept their wave through when there was at least one other lane of traffic, often more, that might have run me down, yet the wave-through driver seemed clueless. That said, if all available lanes are either free of traffic or stopped and waving me through (as in the OPs case), I do graciously accept (although, generally, I think it would be faster if people let me wait until the way is clear -- unless I already have the right of way).

Get better!

Get a public adjuster.

I just went through a similar situation. I suggest you retain a lawyer that bills on contingency, and don't say a word to the other insurance company. Geico called me in the ER, and asked for a recorded statement "as to who was at fault"!

Also, most bike frame warranties are voided by a car collision, so as far as your bike is concerned, at a minimum you need a new frame and a rebuild, or a new bike . Good luck.

Sorry to hear of your accident.

As far as the weasel who hit you: nail him for all he is worth.

Hope you get better soon, and that your back is unharmed. Incidents like this are almost an educational tool, even though you were not in the wrong at all, it gives me one more scenario for my catalog of stuff to look out for.

Under 99% of circumstances, I COMPLETELY condone this type of thinking (although this is pretty funny...lol). It's part of what makes America what it is in regards to our "legal system". But...when someone is so completely dumb, disrespectful, nieve, dangerous, discourteous, selfish, etc...I say nail em, man. Did they REALLY pass 2 cars that stopped for you?!...in a passing lane!?...this is the OTHER part of what makes America what it is. I'm sure it sucks on their end too, but there is simply no damn excuse for what they did. That is absolutely insane.

Also, since you had the other drivers wave you on saying the coast was clear when it wasn't, I think you can sue them for negligence [sp.]...but I'm not sure. Don't really recommend this but this is the EXACT reason why I don't EVER wave people on. If nothing else at all, imagine what they're going through knowing they told someone to cross a street and they got hit...

Hope you and the Kona are ok!

Yes, he did....but it wasn't in a passing lane. He passed the stopped cars (at least 2 of them - there was another stopped in the opposite side of the crosswalk) on the RIGHT, where there are parallel parking spaces (and usually cars, as the Google Maps link shows). He essentially went around on the shoulder to blast through the crosswalk.

You can hum the theme song when you are back on the bike. I hope you are riding again soon.

Seriously, that's a good point about being waved through. I always go ahead, but now I'll be looking behind the stopped cars, too.

People don't like lawyers until they run into someone who won't pay their debts, or even acknowledge them.