Yesterday started as normal. I didn't expect to go flying.

It was a wet ride for my bike ride home. Going west down New North Road I moved over and took the right-hand lane after Virginia Ave, in preparation for the lanes to split for Kingsland and Dominion Road. I waited until then as a car was turning right into Virginia Ave. I continue to follow New North Road and take the underpass and go through Kingsland on my way home. A van, with bull-bars, failed to yield and made a right-turn out of Porters Ave in front of me.

The combination of a bicycle and a wet day means poor breaking ability, which I tested out. I yelled out and swerved to no avail. I hit the front of the van and separated from my bike, flying through the air but not with the greatest of ease.

I don't remember hitting the ground. I landed out of the traffic, a lane-width away from where I hit, and a good car length in distance. My bike went the other way. I recall seeing the front wheel of my bike all broken when someone moved it off the road.

Many passers-by came to my assistance, including a doctor on a motorbike. One of the passers-by held an umbrella over us, a very bright rainbow coloured one. Another wrote down the vehicle and contact details. The driver's niece was there, giving all the details. Someone else took my bike to Corporate Collision Repairs in Porters Ave, just as a place to store it. From what I saw they couldn't do much for it.

I got my first ambulance ride as a patient. At Auckland Hospital I spent nearly seven hours of being probed, giving statement to police, x-rays (left knee and foot), blood tests, more tetanus shot, x-rays (chest), and an expert being called in with regard to the blood test results, I was finally discharged with a pair of crutches and instructions to return if things deteriorated, or if anything was a funny colour. It only hurts if I cough, or walk. A friend came and got my key, picked up dry clothes and made sure I got home okay, with prescriptions filled.

My insurance company is going to love me, claiming twice in one week. First a Burglary and now a smashed bike. At least I won't have the excess to pay, the police will be charging the driver of the van. Pity the can't also charge the person who added the bull-bars to it. The police are due to contact me on Saturday to determine the extent of my injuries and to decide what to charge her with. I'm going to encourage them to charge her with the lesser of the two options. The driver didn't see me and didn't flee. With the rain visibility may not have been the best, but it's funny how cyclists seem to see all these things.

The accident spot is the place I considered to be my biggest risk on my commute. When I'm mobile again, with a new bike I will continue to travel along that stretch of road.

I can relate to the crash experience, sort of lodged in the memory permanently, but dream-like...but the pain is real.

I like the way you are graceful towards the driver, putting yourself in her place. But how can you be sure she didn't see you?

Yeah, crashing sucks. Especially that split second that seems to last much longer where you know you're gone and can't do a thing about it, just waiting for the impact.

Did you ever consider that perhaps those things weren't so difficult to see after all, and that perhaps she just wasn't taking due care. As far as didn't flee goes, I've witnessed plenty of "accidents" where the driver hung around, and most of the time I got the impression from them that they were only hanging around to try to avoid an additional charge for leaving the scene. I also suggest that you remember that the one who added the bullbar to the front of the vehicle (or at least decided to purchase a vehicle with a bullbar) was also the driver.

Either way, I hope you heal fast and well.

Simple. If she had realised I was there she would have stopped and I would have had the space to evade her. It had started to rain not much earlier, and at 4pm on a winter's afternoon that would decrease visibility. As for being graceful, I'm sure the memory of it will always be there, and she will not be a danger to any other cyclist.

Also, why should I be vengeful? It won't make me heal any faster.

I hate that. Happened last winter too, when a driver was so fogged up he had no visibility. Fortunately I was going uphill, on the same stretch of road, and was slow enough to land on my feet without any damage.


Yeah, "didn't see" = "without due care". The nurses and ambulance guys agreed that using that excuse should warrant an immediate loss of license for a few months.

I was burgled earlier this week, so it's an appropriate question. The answer is no, I would not be as forgiving. There is a difference between doing something with intent and doing something because of negligence. Nor would I be forgiving if the driver did that again.

Hey shadowfoot. That's a dodgy bit of road aye? I've screamed through that underpass at 72kmh before - its a fast bit of road. In fact last year one of Auckland's road racers, Steve Parker was on the PnP Monday night bunch ride through kingsdale there, and did an attack at ~60kmh. Pedestrian walked out, he swerved and braked and went over the bars. He spent a wee while in Hosp, and is now steel reinforced. Count yourself lucky. Just take it easy through there buddy, hope you heal well.

Brendon

Sorry to hear about your bad luck (crash and burglary), and glad to hear you're relatively ok. I hope you heal fast and without further complications.

Now what kind of bike are you going to buy?

--J

Sorry to hear that Shadowfoot. I hope you get well soon and your luck improves.

All the best,

Ed

Glad you're still breathing. Sounds like you've got a pretty good attitude for someone who's been robbed and who has also taken a beating this week. Heal.

It's natural, in my experience, to feel sympathy for the driver. However, it may not be best for everyone. One would not tolerate a surgeon who bumbled as recklessly as she did -- why feel any different toward a motorist, who we entrust with something far more dangerous than a scalpel?

She may have a few accidents and convictions on her record, and vigorous prosecution might lead to the loss of her licence, thus making things safer for law-abiding, careful, competent cyclists and motorists. Evidently, she is the sort of person who lunges off into traffic when she can't see properly. We really don't need any more of those people on the road.

Paul

Your insurance company? Why should they be involved at all? Maybe things are different in Oz, but here, if the other person is at fault you ALWAYS pursue financial settlement via the other person and/or her/his insurance company first. One or the other should pay for all your care and the repair/replacement of your bike (and any accessories [helmet, gloves, etc] damaged).


That's nice of her, but not especially relevant wrt. what happened to you. (IMHO, that she didn't see you is no less indicting than if she did, but I digress.) Her intentions, etc. may be a factor in how the police charge her, and "punishing" her beyond what's appropriate is, well, not appropriate. But you're due to be made whole. And that's entirely her responsibility. Not as "punishment", but as consequence (and out of fairness to you, who have already borne undue expense on account of your pain, injury and lost time).

Important thing is, you're in one piece. Good thing there were lots of other folks around.

I have to agree. She needs to take financial responsability for your bike and equipment, as well as your medical care. Around here, ambulance rides are around 500 a pop; At LEAST! List your bike and equipment at MSRP and then when you get reimbursed, find deals.

I also agree that the driver should have to pay for your medical bills and bike repair, at least.

I've mentioned this in a different thread, but it bears repeating; speak to an attorney. All it may take is a letter on an attorney's stationary to get some action and remuneration for the injury and damages.

They should be thankful that you're a compassionate soul and that's all that you require them to pay.

This might apply against me later as a driver, but I think since drivers are operating vehicles that pack deadly force, they should exercise even greater care to avoid "not seeing" a cyclist or pedestrian. The burden of responsibility should rest more squarely on driver's shoulders.

I'm glad you are not after a pound of flesh, Shadowfoot.

Yep, my insurance company. They will be getting the money from her insurance company, or from her directly, via the courts if necessary. No damage to anything I was wearing.

Medical bills? I live in New Zealand. The only thing I've paid for is the hire on the crutches, and when I return them it will cost me a total of $NZ10, about $US6.50.


How much is that attorney's letter going to cost me?

The ambulance cost will be $NZ67.50.

As the bike: I'll be getting a bike with the value of an equivalent replacement, which I can upgrade. The shop will quote the suggested retail price. It may have a special on but I won't be able to get a refund, just store credit.

It is dodgy. In summer, when I had a battery in my speedo I managed to clock myself doing 69km/h. Being heavy and having a heavy bike helped. In wet weather, such as Wednesday I'm a lot more cautious.

I have had a few vehicles act stupidly there, including a taxi who thought it was a good place for a u-turn, but then to see them drive they don't think anyone else is on the road.

Kingsdale?

<grin> it depends what the insurance company will let me. I bought it in '97 but then didn't ride for several years. It is unsuitable as a commuter bike so whatever I get will be an improvement.

Update: You guys influenced me and I decided not to suggest to the police which charge to apply. If the driver had a history of negligence I didn't want the police to take it easy because of my recommendation.

She has been charged with failing to give way (yield). This is the lesser of the charges she could have had, and now I think it is too easy. Nevertheless she'll be paying my costs in addition to the fine by the police.

Today I spoke to the bike shop giving the valuation to my insurance company. The bike is a total wreck. The frame is bent and fractured. Some of the accessories (lights, speedo, etc.) came off during the accident, (leaving the fixed parts). The bike shop now knows what they were so they will include that in the valuation for the insurance (which will ultimately be borne by the driver). Admittedly one of the headlights, and the speedo were both cheapies.

What bike shop u gone to? I hope ur staying away from Bikes Direct New Market....lol very shoddy there

I arranged it to go to Penny Farthing on the corner of Symonds St and Kyber Pass Road. It's near work and is the nearest bike shop to the scene of the accident. I feel I had good service when I've been there, and that they know their business. Plus there are some very sexy bikes in store.

Names like Bikes Direct and Bike Barn deter me from going to those places unless I know exactly what I want, and the cost is substantially less that other bike shops.