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-   -   Got Rear Ended This Morning (https://www.bikeforums.net/commuting/994596-got-rear-ended-morning.html)

SactoDoug 02-18-15 03:45 PM

Got Rear Ended This Morning
 
I was on my way to work on the recumbent that I built when it happened. The weather was overcast but there was plenty of visibility. I was wearing my neon green pullover, had my rear light blinking, my front light on strobe and I have high visibility tape on my bicycle trunk. No amount of visibility helped. The driver said she fell asleep.

I just remember being struck, flying through the air, then landing on the sidewalk. It all happened in just a couple seconds. Luckily, none of my bones were broken, but I do have nasty road rash and significant bruising. I know I am going to have a hard time getting out of be tomorrow morning. My rear wheel is tacoed. It will have to be replaced. My handlebar stem is broken, but I think I can re-weld it. My cranks are really jacked up. I'm not sure I can repair them but I'll try. After I contact her insurance, I'll see how much of the repairs I can make.

My boss gave me the rest of the week off and she gave me a ride home from the hospital. At the scene, I didn't think I was too badly hurt, but I wanted to get check out anyway.

When I get the police report, I'll contact her and tell her that I forgive her. I know from the scene that she was genuinely sorry for hurting me.

Hairy Hands 02-18-15 03:49 PM

I'm glad u survived!! I hope you heal up fast and well.

bigbenaugust 02-18-15 04:06 PM

I do not think I could take a ride from the person that hit me... especially if she fell asleep at the wheel.

thenomad 02-18-15 04:07 PM

That sucks, glad you survived and hope you can move around tomorrow.
The bike is most likely done for. Get it replaced by her insurance. Get a new bike and hospital and loss of work money. My wife was in a small accident but got a spastic back muscle from it that bothered her for a long time so hopefully they cover other expenses as well.

TroN0074 02-18-15 04:07 PM

Dude, I am glad you are o.k. Hope you get back riding soon.

SactoDoug 02-18-15 04:09 PM

It was my boss that gave me the ride. That was the "she" in that sentence. I know, pronouns can give the wrong impression sometimes. :)

yankeefan 02-18-15 04:09 PM

Glad you're doing well enough to be able to post this. Along with your police report you should get the lady's insurance info, so that they can pay your medical bills and reimburse you for damage to your bike and other items (clothes, bags, etc). Take pictures and itemize all damages, and do not repair anything prior to contacting her insurance company. Unfortunately CA is not a no-fault state so they [the insurance company] will attempt to shift some of the blame on you by asking you dumb questions (were you asleep? were you intoxicated at 8am in the morning while riding to work? Were you attempting to commit suicide but unexpectedly survive?). Simply reiterate that the driver fell asleep and do not answer any sort of leading questions (did you slow down without giving sufficient warning? etc.) You should think about suing for lost wages.

velocity 02-18-15 06:55 PM

Good to hear that your repairable and doing well. I feel bad for your bike.
V

AlmostTrick 02-18-15 07:20 PM

I'm glad to hear your injuries were not worse.

You're entitled to full compensation for your loses. Especially do not sign off on anything until you are completely sure you are physically recovered.

Based on your description of the extensive damage to your bike, you should also expect that they replace it entirely.

bigbenaugust 02-18-15 07:32 PM


Originally Posted by SactoDoug (Post 17565510)
It was my boss that gave me the ride. That was the "she" in that sentence. I know, pronouns can give the wrong impression sometimes. :)

Darned pronouns!

chrism32205 02-18-15 07:39 PM


Originally Posted by AlmostTrick (Post 17565944)
I'm glad to hear your injuries were not worse.

You're entitled to full compensation for your loses. Especially do not sign off on anything until you are completely sure you are physically recovered.

Based on your description of the extensive damage to your bike, you should also expect that they replace it entirely.

I gotta agree here 100%.. and I'm glad you're OK and nothing was broken.

if she gets off with only paying your property damages (a new bike) that would be considered lucky.

Just wondering, did she get charged with anything for hitting you?

SactoDoug 02-18-15 08:12 PM


Originally Posted by chrism32205 (Post 17566000)
I gotta agree here 100%.. and I'm glad you're OK and nothing was broken.

if she gets off with only paying your property damages (a new bike) that would be considered lucky.

Just wondering, did she get charged with anything for hitting you?

I don't know. They were loading me on the ambulance when the police showed up. By then they had the neck brace on me and I was strapped to a board. The officer asked me my name and briefly what happened, then made arrangements to drop my bike off at my house. I'll get the report next week which should hopefully have some details in it.

I can't imagine that she would get away without any tickets.

Lanceoldstrong 02-18-15 08:34 PM


Originally Posted by SactoDoug (Post 17565439)
... I forgive her...

That is the most enlightened and uplifting thing I have read online in a long time.
Thank you for your example.

TrikeRider1961 02-18-15 08:49 PM

Glad you weren't seriously injured, good luck on the replacement and the new build

Johnny Mullet 02-18-15 08:49 PM

Like so many other said. Glad you survived! Thanks for sharing.

79pmooney 02-18-15 09:06 PM

I'd be inclined to contact a lawyer for one reason. As nice as the person who hit you was, that will make zero difference to the insurance company that has to pony up the cash. They have agents that are very skilled at getting you to say the right words to weaken your claim and lessen their payout. They will call you. If you have first called a lawyer, you can say "I'm talking to a lawyer". That silences the caller very fast.

I was hit by a car running a light. Serious injuries. I never talked to the driver, at the scene or since. (I got up quickly from my crash, walked to the corner, sat on the curb and asked a bystander to call an ambulance. I knew I was messed up. But I won't lay in the street awaiting the second hit.)

Ben

CrankyOne 02-18-15 09:28 PM

Glad you're alive and doing fairly well. Agree about being careful with the insurance company and possibly getting an atty.

The probability that the driver will be ticketed is quite low, probably less than 5% given the outcomes of similar situations.

Big Lebowski 02-18-15 10:01 PM

Glad you are ok to report to us. Good luck.

Getting struck from behind is my only fear when commuting.

AlmostTrick 02-18-15 10:18 PM


Originally Posted by 79pmooney (Post 17566255)
I'd be inclined to contact a lawyer for one reason. As nice as the person who hit you was, that will make zero difference to the insurance company that has to pony up the cash. They have agents that are very skilled at getting you to say the right words to weaken your claim and lessen their payout. They will call you. If you have first called a lawyer, you can say "I'm talking to a lawyer". That silences the caller very fast.

Ben

^^^Words of wisdom. I have read stories where the driver accepted responsibility at the scene, only to reverse their entire story later on. Don't take any chances here. Protect yourself.

EDIT: and no matter what you heard the driver say, you don't know everything she told the cops after they took you away, or what's in the report.

Insidious C. 02-18-15 10:19 PM

You have a kind heart. I glad for both of you that your injuries were not more severe.

AlmostTrick 02-18-15 10:25 PM

Did the officer take a statement from you?

79pmooney 02-18-15 10:28 PM


Originally Posted by AlmostTrick (Post 17566418)
^^^Words of wisdom. I have read stories where the driver accepted responsibility at the scene, only to reverse their entire story later on. Don't take any chances here. Protect yourself.

EDIT: and no matter what you heard the driver say, you don't know everything she told the cops after they took you away, or what's in the report.

The woman who hit me told her insurance agent that I came out of nowhere. Nowhere being a major two lane one way street and me entering the intersection about 9 seconds before my yellow in the middle of the right hand lane. (I heard this from my lawyer.)

Ben

caloso 02-18-15 10:33 PM

Holy crap. Glad to hear your mostly okay. Do you mind saying where this happened so I can avoid the road where Ms. Drowsy drives?

RoadTire 02-18-15 10:38 PM

Miracle you were not hurt a lot worse. I agree, a lawyer is mandatory at this time to protect yourself and recover your costs, including any lost wages if you have delayed reactions to injuries. Forgiveness is healing for both you and the person who hit you, but that does not preclude your rights, w/o animosity.

Continue healing and get well soon.

Corben 02-18-15 11:05 PM

No no no....do not talk to her. Do not say all is forgiven. You might not feel it today but you do have whip lash. You'll see.


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