I have no doubt that he's lawyered up. Even if he hasn't, he have very little to lose by showing up to plead not guilty....UNLESS.....he makes claims that would perjure himself.....(boy, I hope he does). If he has a lawyer, that won't happen, because all he has to say is "he came from out of nowhere", "just didn't see him", etc.

I have to make sure that I bring lots of evidence to rebut that - there are WELL-MARKED signs on both sides of the crossing, stopped traffic with witnesses, and my GPS evidence. I know that this isn't the OJ trial, but it's MY case, and I want the guy to get the conviction.

Since you mention OJ: remember he won his criminal case but ended up losing the civil suit...

Any update? Have you sued the pants off this guy yet? Whens his traffic date?

Take the guy down. I hate how people can use the system to get out of things like this. There should be a point at which lawyers and technicalities don't matter anymore and you're just in the wrong.

Reading these kinds of things makes me wonder if commuting is even worth it. I've been in a number of close calls, but I keep hitting the pavement anyway thinking that as long as I'm careful it'll be ok. But, its hard to protect yourself from idiots like this. Glad you're ok.

It's worth it. I know firsthand that a car is not safer. When a gigantic Chevrolet pickup pulled out in front of me two years ago, yeah, not good. I was driving a F-150, thank everything, as if I had been driving my little Mazda sportscar I probably wouldn't be here. Instead, I'm just left with a screwed up back, and finally got the medical bills paid off after suing the ****er. My passenger is left with no hearing in one ear, and a cane.

I'd much rather be on a bike. The odds are there if you are in a Unimog or on a Cannondale.

We just had this happen yesterday in town:

https://www.theolympian.com/breakingn...ry/514841.html

You need to drive a big SUV so it protects you if you lose control of it and take it through a brick wall.

I've turned my PD loss into his insurance company. It includes a list of the accessories installed on the bike, a quote from the bike shop to replace the bike, and a quote from where I purchased many of the accessories for replacing and/or moving what can be moved from one bike to the other.

As far as the court date, it's coming up, and I plan to be there with my GPS evidence - just in case he claims that I rode out in front of him. I'm not listing the specific court date or info, just in case his insurance company or lawyer is using Google to find out what's being said about the case.

As far as suing, I have two years from the date of the accident to file any personal injury claim, so for right now, I'm turning my bills into my own insurer, since I have MedPay coverage with them. I'm keeping copies of EVERYTHING, and documenting everything. I even bought a copy of "Bicycling and the Law", and am reading through that to make sure I'm not missing anything.

BTW, I saw his car the other day - it's been completely repaired. My bike is sitting in pieces on my garage floor, and I've not been able to ride for a month.

Well, crap.

I just talked to the officer who ticketed the guy who hit me.

They don't have ANY witness names. By the time the officer arrived, the witnesses had left the scene.

I couldn't get their names because the paramedics wouldn't let me off of the backboard to get their info.

The guy had already moved his car before the officer arrived, even though it wasn't blocking traffic.

Hopefully the GPS info will be enough to nail this guy.

Bummer. People hung around and gave me their contact info after I got hit. I never needed to reach them but was great to put their names/numbers down on the insurance report. As long as the officer knows he hit you on the shoulder, out of the traffic lane, he really shouldn't be able to wriggle out.

That's what the accident report shows. I'm going to find out what paramedic unit responded to see if they can vouch for where I was (and where the bike was) at the time. I think that the GPS data should nail his ass, though.

Damn, too bad the witnesses didn't give their contact info. to you or at least the paramedics. Yes, the ticket + GPS data should be able to nail him, one would think.

Are you finally feeling a little better? Able to sleep through the night?

Still need drugs to sleep through the night. I've dropped the Carisprodol and Valium during the day (obviously can't function with those during the day), so I just deal with the rib pain. PT starts back up on Thursday, so hopefully I'll get more ROM back soon.

I'm contacting the paramedics to see if any got the witness info...

Good luck w/ PT later in the week. And at least you're drug free during the day, so that's good.

Sort of. It's still 2400 mg of Motrin (3 X 800 mg). I can't take either of the other two during the day (it's not that I don't need them, I just can't get anything done if I do). Right now, it's just dealing with my ribs hurting until near bed time, then taking one of the scrips to help me get to sleep.

I didn't take one last night because I went to bed later than usual (didn't want to feel groggy this AM).

I didn't sleep much, if at all. So, for now, I have to take something at night.

Dammit.

Sue his pants off ... I said it first and i repeat it again.

Right now, I have to focus on his court case (he's pleading not guilty to the citation). Since the police didn't arrive until after all the witnesses left, I have to find out if the EMT's got any information.

I DO have a lot of things that support my version of events -

#1 - In VA, cyclists on sidewalks and MUP's are treated the same as pedestrians (same rights and responsibilities) VA 46.2-904.

#2 - While pedestrians can't disregard approaching traffic, once in the intersection, they have ROW for all clearly marked crosswalks (this crosswalk is VERY clearly marked with hi-viz warning signs, white lines to designate the boundaries, etc. ) VA 46.2-924

#3 - He hit me from the RIGHT. In order to do that, I had to be at least half way through the intersection. In fact, I was 3/4 through, because he passed a stopped car on the right to get around the stopped traffic at the crosswalk. (also a violation of VA 46.2-841).

#4 - My Garmin recorded all of my data (speed, location, altitude, HR, cadence, etc...) and it shows me STOPPED at the intersection of the path for around 10 seconds before moving forward. After impact, cadence is zero, and the only movement is from the bike getting pulled off the road.


I still want to find the people who actually saw it happen. The guy deserves 3 citations, actually (passing on the right, failure to yield ROW, Drivers to stop for pedestrians). In any case, I have to move forward with the information I have.

The good news is that it's being tried in the Town of Vienna, not Fairfax County. The court is a lot smaller and less busy, and the town views itself as a bucolic haven for relaxed suburbanites.....it tends to go hard on traffic violators.....

Go back to the scene of the accident with flyers around the time the accident happened, hand them out to cars as they go by and put up a couple of posters asking for the witnesses to contact you. You might be able to find one or two that way.

Wow, it seems you really do have your facts together. Good.

Think it is a good idea to have the medical guys attend if they can and also the officer who did the accident report. I'm unsure how the law is there, but in NY if the officer who wrote the ticket doesn't appear in court it's dropped immediately, which is awesome for a speeding ticket but totally not in your case.

You could always take him on Judge Judy. She'll set him straight.

I'm an ex-cop. (US Army and Army Reserve MP, 82-89). It's hard to stop being a cop, even though I haven't been one for 15+ years.

Found one more trick up my sleeve.

SOMEBODY called 911. Most likely, it was someone who saw it happen (and hopefully, it was one of the drivers stopped at the crosswalk). I spoke to the records section. For $5.00 and an FOIA request, I can get all the 911 info, including a recording of the call.

nice.

just make sure the cop shows. Don't want to see this blow up cause the officer failed to appear... again not sure if that's the case in your state.

Very nice. Make this guy look like an idiot.

That is suffering, alright. It's too bad the ribs take such a long time to heal. I'm sure by now, the cuts and bruises are healed. I'm surprised the ribs weren't fractured if, after a month, they still hurt like hell and you need all those meds to deal with the pain.

I see you have your facts lined up. Good luck!

If I ever get hit, heaven forbid, I am calling you.

Stopped by the Judicial center to get a copy of the 911 call info - I'll have the name of the person, but they'll only give out the phone # to the officer, who I'll have get it on Friday. I have to call back in the AM to get the recording, but they might still have it.

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I could have done some things better - I could have yelled at the guy not to move his car....made sure that I had the witness info, carried a camera phone or helmet cam, etc.

I'm going to get a cheap TracFone with a camera to keep in my jersey pocket. I may go for one of the Oregon Scientific video cams.......but I haven't decided on that yet.

I'm also going to be a LOT more careful crossing - cars can be hiding anywhere.