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N-1, death of a french girl

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Old 03-22-12, 02:32 PM
  #26  
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The process has started. So far there isn't any resistance but we will see as the week goes on.
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Old 03-22-12, 02:55 PM
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Wow, what a terrible experience. Thankfully, your OK and could walk away from this.

Accidents can really put you through an emotional roller coaster, hopefully you're feeling OK and thinking about a new bike to get you out riding again soon.

All the best......
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Old 03-22-12, 05:19 PM
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Good luck in the fight. Now that I think about it small claims seems like an idea.
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Old 03-22-12, 05:26 PM
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Where did your accident take place?
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Old 03-22-12, 06:09 PM
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Originally Posted by Bikey Mikey
Why the H*** didn't she just slow down and pull over BEHIND you instead of passing you and stopping in front.
Motorists are incapable of doing that.

One of my fundamental laws of safe riding is "The motorist who is behind you is in front of you." At least in their minds.
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Old 03-22-12, 08:18 PM
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Originally Posted by k7baixo
Interesting - point taken too. However, it's our conclusion that the driver was negligent - and likely so. What's your advice if the driver or her insurance claims otherwise? Is she better off w/ an attorney at that point?
As far as I can see, the driver is out the cost of a new rear window, and most insurance companies include glass replacement in their basic auto coverage. It's very unlikely that she'll claim injury from being read ended by a 20 pound bike. I can't see any lawyer walking into court and making that claim with a straight face. Not even in California.
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Old 03-22-12, 08:30 PM
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I am glad you are okay and sorry for the loss of your Mademoiselle.
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Old 03-22-12, 08:52 PM
  #33  
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Hopefully, her insurance company will compensate you for damage to your bike and, hopefully, no sign of injury will unexpectedly make itself known to you.
Insurance companies much prefer to pay for new bikes compared to new cars.
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Old 03-22-12, 09:12 PM
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I am thinking about another bike already. If I get one already built it might be a Tarmac. I have a friend that just upgraded to a S works and his other bike was set up just like my Lapierre except for the Dura Ace Wheels. If I decide to build one then I am not sure what I will do. The Lapierre was from the frame up. I just got a Klein to ride till this is all worked out. I would really like to build a Look or an Orbea.
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Old 03-22-12, 10:10 PM
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She violated Section 21211 of the California Vehicle Code, as well as the Failure to Yield section. You can print out an accident report form from the DMV site and mail it in to the DMV. If the paramedics were called, the police should have shown up.
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Old 03-22-12, 11:27 PM
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I, too, would like to know where this happened.
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Old 03-22-12, 11:36 PM
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If any come to the Hemet Double Century It would be less than 1.5 miles east from the start finish line
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Old 03-23-12, 06:42 AM
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Originally Posted by Mobile 155
I am thinking about another bike already. If I get one already built it might be a Tarmac. I have a friend that just upgraded to a S works and his other bike was set up just like my Lapierre except for the Dura Ace Wheels. If I decide to build one then I am not sure what I will do. The Lapierre was from the frame up. I just got a Klein to ride till this is all worked out. I would really like to build a Look or an Orbea.
I have a Look 566 and you wouldn't believe the ride. I actually like the ride better than my Specialized Roubaix. YMMV
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Old 03-23-12, 05:03 PM
  #39  
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Originally Posted by FrenchFit
1) G e t a l a w y e r. Preferably one that has experience with bicycle accidents.

2) As the lawyer will tell you, get checked out medically. The lawyer will probably make a referral.
Agree with (1). Agree with the first part of (2). Don't let your lawyer refer you to a doctor. Personally, I wouldn't use a lawyer that refers clients to particular doctors. That absolutely reeks of a mill that just wants to get you a settlement. Odds are that will happen eventually (over 90% of all cases settle), but you need a lawyer with trial experience. Why? Because unless your lawyer (and you) can convince the other side you are prepared to go the whole nine yards, you will get rolled up like a rug and get less than you should. Believe me, word gets around the insurance defense lawyer circles who the plaintiffs lawyers are who know what they are doing and those who will eventually fold. And the "Call 1-800-I'm Hurt" types are, more often than not, settlement mills and the defense bar knows it.

Ask your lawyer-to-be how many case he/she has tried to verdict. It matters, even if your case doesn't go to trial. Seriously.

And why would you want
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Old 03-23-12, 06:35 PM
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Originally Posted by blt
To be accurate, that guy didn't go to jail for pulling in front of a cyclist and slamming on the brakes, he was convicted for leaving the scene of an accident with an injury. Having civil liability and criminal liability are different things.
Except you are not accurate. The doctor stayed at the scene, and a major part of the evidence against him were statements that he made to the responding officer as well as his statements to 911 and the fact he had tried the same tactic before.
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Old 03-23-12, 08:30 PM
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Originally Posted by JanMM
Hopefully, her insurance company will compensate you for damage to your bike and, hopefully, no sign of injury will unexpectedly make itself known to you.
Insurance companies much prefer to pay for new bikes compared to new cars.
Except some insurance companies think all bikes come from Walmart cost $79.95, and are worth half that as soon as they are driven (not ridden) off the lot.
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Old 03-23-12, 09:53 PM
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I basically don't like lawyers, as most I've come across have been parasites. But there are certain instances when a good, aggressive lawyer is justified. My feeling is, make the b*tch pay!
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Old 03-23-12, 11:41 PM
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Originally Posted by Mobile 155
I am thinking about another bike already. If I get one already built it might be a Tarmac. I have a friend that just upgraded to a S works and his other bike was set up just like my Lapierre except for the Dura Ace Wheels. If I decide to build one then I am not sure what I will do. The Lapierre was from the frame up. I just got a Klein to ride till this is all worked out. I would really like to build a Look or an Orbea.
In my email tonight from Texas Cyclesport; Lapierre 2012 Xelius FDJ Team Frameset for $1499 after entering the discount code.

https://www.texascyclesport.com/store...ct=5849&image=
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Old 03-24-12, 12:40 AM
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Originally Posted by Wogster
Except some insurance companies think all bikes come from Walmart cost $79.95, and are worth half that as soon as they are driven (not ridden) off the lot.
With the internet, it is pretty easy to print out a picture of your bike with current MSRP to educate insurance adjusters. When they whine, just remind them how much they pay out for fender benders.
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Old 03-24-12, 05:27 PM
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Originally Posted by Dchiefransom
She violated Section 21211 of the California Vehicle Code, as well as the Failure to Yield section. You can print out an accident report form from the DMV site and mail it in to the DMV. If the paramedics were called, the police should have shown up.
Thanks for the info. I already knew the law just didn't know the VC code. It seems as if this may be a deciding factor.

Thanks Gfish and Cb.
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Old 03-24-12, 06:36 PM
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How are you doing today? Just hoping no stiffness or bad bruising is showing up for you. Best of luck with the N+1.

Bill
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Old 03-24-12, 07:08 PM
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Originally Posted by Mobile 155
Thanks for the concern. I will feel better in a few days I think. I only hope it isn't a big fight to get the bike replaced. I am pretty sure the law is on my side even if the police wouldn't come to the site. If it is a solid line cars are supposed to stay clear. Now we will see how this turns out. I only hope it gets easier on my wife as I continue to ride around town rather than drive.
I assume you have all the rights and responsibilities as the driver of a motor vehicle. Had she cut off a motor vehicle that way, I'd imagine she'd be automatically liable. Plus I bet the cops would have made the call.
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Old 03-24-12, 09:17 PM
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Originally Posted by qcpmsame
How are you doing today? Just hoping no stiffness or bad bruising is showing up for you. Best of luck with the N+1.

Bill
Today I didn't do much. Some swelling and bruising. But better than Friday.
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Old 03-24-12, 09:39 PM
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Originally Posted by Mobile 155
Today I didn't do much. Some swelling and bruising. But better than Friday.
One day at a time.... you'll get back to where you were.
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Old 03-25-12, 07:08 AM
  #50  
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Originally Posted by Doohickie
Not sure about California, but here in Texas she would be in the right as far as parking in the bike lane goes. Here, there is no prohibition on parking in a bike lane unless there are actual No Parking signs.
Same in California. Is "no parking" posted?

Originally Posted by Doohickie
She's still at fault ... .
Yes -- violation of cyclist's right-of-way -- separate offense from "no parking in bike lane."
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