Diegomayra

I went out for an easy ride since my legs were tired from hiking Mt. Diablo on monday. The short and routine 20 miler started great; no wind, light traffic, and I felt limber.

Living in the central valley I am used to rude and inconsiderate drivers, so I always ride with caution and make myself as visible as possible. No amount of compensation on my behalf can make a difference when an impatient driver in a lifted dodge truck whom has decided he owns the road.

I am fine, no major injuries. Road rash from head to ankles but I am safe and that is what matters. The bike is fine as well.
I called the police and got a police report. I am sitting at home licking my wounds, while my back and neck stiffen up. I would like a little advice as far as what I should do? Part of me wants to brush it off and just retrue my own front wheel, replace brake hoods/bartape, arm warmers, and just live with the scratches. Part of me is incensed because of what might have been.

Here is a few diagrams:
The basic route and speed graph. At the very end you can notice where I made a brief stop at an intersection and proceeded. I was knocked off my bike less than 15s after the stop sign.



In the next picture:
I was the first in line at the intersection. Behind me was a vehicle, behind that vehicle was the truck that ultimately hit me (Right Hook)



What happened:
The driver of the lifted Dodge pickup was so impatient he waited until traffic cleared in the middle lane and the moment he saw an opportunity he accelerated into the center lane. As I picked up speed (0-24mph) I saw him reenter my lane (Parallel with me). He passed me until the point I was at his tailgate, he braked hard because another vehicle was making the right hand turn, I started braking hard when I saw him making a right turn as well. I was staring at the center of his lifted truck as it was "Right Hooking" me.




I was slightly injured or shocked and several drivers stopped. The truck pulled into an establishment at that immediate corner.
I refused an ambulance since I just feel soreness and scrapes.I am/was extremely angry, but I don't know what to do. Suck it up and just lick my own wounds and do the minor repairs?

DiabloScott

wOW. Well, I think you should make a police report and get witness names so the guy at least gets something on his driving record. Also, if the guy happens to not have insurance they'll nail him for that too.

Anyway, take care.

longbeachgary

Sorry to hear. Glad you're mostly OK.

bjorke

Glad you're mostly okay! That guy should have consequences for reckless driving, violating right-of-way, and heck, for not having a front license plate. He does NOT own the road. File a report, even if late. Do it for yourself, and for everyone on the road.

Was his ass as large as the tires?

JoelS

This. Maybe they can nail him on a hit and run?

gpelpel

Glad you are OK.

I do think you should pursue the matter though. First you should have the driver's insurance involved. The fact that you turned out ok will surely result in the driver brushing it off and resuming the same behavior on the road thus putting over cyclists or pedestrians at risk. In your place I would go to see a doctor and a chiropractor and have the medical bills sent to the driver's insurance thus resulting in a major premium increase due to bodily injury. I don't recommend you to lie or overplay it but just accept that rashes are injuries and that resulting pains are the direct result of the driver's action and are his responsibilities to take care off until you fully recover.
If the guy doesn't have an insurance then get the State involved.
This is my gut feeling, I am not a lawyer so take this with a grain of salt.

Diegomayra

Thanks for the advice. I failed to mention that I did contact Police and they made a report at the scene. They spoke to the driver as well, who was at his place of employment. I washed off all the blood but I will definitely go to the Dr./Chiropractor and pursue this matter with his insurance. The driver was reckless and irresponsible. This wasn't the result of a simple accident, it was his unsafe lane changes and fast acceleration and deceleration, not to mention making a right turn without using his blinker which he admitted.

The last thing I want is this jackhole driving the same way, it could be any other cyclist out there.
I am sore though

Doohickie

Did the police ticket the guy?

campngolf

Glad you're doing as well as someone can for getting run over by a CV tool. Definitely follow up with medical. What seems minor know could turn nasty down the road.

aramis

Get a copy of the police report. If it's in your favor it should be easy(er) to collect from the insurance agency of the driver for your injuries and damage to the bike. It kind of depends on the insurance company as to how easy they are to deal with(many will try to push you around). If they really are being jerks and don't want to pay or pay enough, small claims is always there for you (sue driver/ins company). Anything involving road rash and possible scarring and damage to your bike I would pursue, especially when it's clearly the other guys fault and he drives a truck like that.

eja_ bottecchia

OK...I have stated this before, and here it goes again. Please contact an attorney, preferably one who specializes on bike accidents. You were hit while riding your bike and, through no fault of your own, you has sustained injuries (some which may not even be apparent at the moment).

A personal injury attorney will offer an initial free consultation and he/she will give you a better ideaof what your rights in this matter are.

If you don't know an attorney, contact the local bar association and ask for referralS.

Accidents happen and you and I and everyone else carry insurance to cover such accidents.

Thank you for posting about your accident. Heal well and heal fast!

UmneyDurak

First remove all the details from public forum.
Second get police report, and make sure they don't jerk your chain and put you at fault or some other ******** crap like 50/50.
Third file a claim with his insurance. You can do it through yours. Probably will make things go a tad smoother. That's what I did when I got T-boned by a clueless lady.
Fourth. Depending on what you are trying to get you might want to consider an attorney as eja suggested.
If you don't go with attorney don't let the insurance low ball you. They will do it. It will go something like "Well we are willing to give you this awesome (piece of ****) one time offer of $(peanuts)". Tell them to go **** themselves. Politely. There are two parts to the settlement, and they can be settled at different times. The property, your bike, gear, clothing, and medical. Your trip to AR, doctors, follow up doctor appointment. The statue of limitation is I think two years (might want to double check that). So unless you are hurting for money badly don't rush in to settling on medical bills. There is also a "bonus" for pain and suffering and maybe worked missed. Make sure to document all the doctors visits. Why you were there, time, cost, etc.

kaiserboy

I will keep an eye out for that truck....I ride those exact roads constantly. Glad you are okay.

SClaraPokeman

If you admit, or witnesses say you were cycling faster than about 14 mph, the police might blame you for traveling at an "unsafe" speed in their report (if there was one). Remember the attitude of many police is that cyclists who get into accidents is akin to hot woman wearing skimpy dresses who enter a bar and are subsequently assaulted--you know "asking for it" (or to reduce it to its ad absurdium-if you were not on a bike you wouldn't have been in an accident, right?). Also, the no doubt the truck driver was probably going to work and you were just out having fun, no?

I consulted with an attorney after I was right hooked in 2010. Since the police report (whose opinions as to who's at fault is not admissible evidence in court BTW) wasn't in my favor, he said that going to trial would only be plausible if my injuries were much more severe than they were and my out of pocket medical costs much higher than they were (he stated about they needed to be about $100K). He advised a Nolo Press book about small claims which he said I had two years to file if I decided to pursue this.

BTW, I'd like to advise people not to worry about the status of their bikes (which are easily replaceable) after accidents and focus on their own health only--even a low speed accident can result in broken teeth, etc. I separated my shoulder in August and I'd gladly throw my 2011 Accord and my wife's new BMW into the bay if I could be made whole again in this regard.

bikingshearer 

Some good advice here. To sum it up:

- Get yourself checked out by a doctor. You can go to a chiropractor, too, if you think it will help you, but in court, what a chirporactor says does not carry nearly the weight of what a physician says. You may think that is stupid, but it's the reality. But the main thing is to get yourself checked now, when problems are best dealt with and future problems may be identified. Don't try to pad or overstate your injuries, but don't understate them, either. Be as accurate as you can with the doc in reporting what hurts and what doesn't. This is your one shot to identify - and get compensation for - any current and future medical issues. It is also one of the surprisingly many areas in which what you do for your real-life personal best interest and your legal best interest are one and the same thing.

- "Pain and suffering" is not a "bonus." It is a legitimate element of recoverable damages. The fact that he scared the sh*t out of you, caused you physical pain and future worry and anguish about carrying out a perfectly legal activity - riding your bike - is also grounds for a legitimate "pain and suffering" claim. Don't overlook it.

- Likewise, if you had to take time off from work because of this, that is a legitimate element of damages. Took a sick day or two to recover before going back to work, You should be be compensated for it (you earned those sick days - they are not a gift and the jackhole should net get the benefit of your foresight and industry).

- Yes, the statute of limitations for this is now 2 years in California. It used to be one year, but the Legislature changed that a few years ago. If you see or hear that it is one year, that info is out of date.

- Talk to a lawyer or two. Get referrals from your county's bar association - they will have a referral service that will let you do an initial consult with one or a few lawyers either for free or a reduced fee. Try to get one who has done cycling-related cases. I have seen ads for such in the monthly California Cycling giveaway (the one with the great upcoming events section - every bike shop has 'em) and other publications, too.

- Get the Nolo Press book on going to small claims court. Check their website for the exact title. It is a trove of useful information. Regardless of how you proceed, it will give good advice of how to document your claim.

- If you haven't already, take photos of everything. Your bike. The intersection. His truck (you posted the one, but you probabaly want to get a photo of his rear license plate if he has one, his temporary registration if he doesn't).

- People love to complain about our litigious society and how everyone is looking for a fat payday for minor injuries. The reality is that those multi-million dollar personal injury recoveries are rare and people who get them have suffered more than you or I will, I hope, ever know. We compensate people who get hurt or killed because of someone else's negligence with money. It sounds like a dreadful system - nobody wants to have to place a dollar value on, say, a broken leg or amputated arm - until you consider thge alternatives and realize that thay all suck worse, usually a lot worse, than making money awards.

- Finally, yes, I am a lawyer. No, I can't take your case.

DiabloScott

I did a PI suit when I was hit by a minivan in 1985 (right hook, broken shoulder blade). It was really a pretty smooth process, I met with a lawyer (only once), he took down some info on lost pay and damages, about six months later he called and told me he had an offer to settle for $30k of which I would get $21k or so and he thought that was about what it was worth and I signed some papers at a notary place.

It's how things are done.

VNA

So unfortunate and scary--but I am glad you are OK.

File a claim with his insurance for pain and suffering--unfortunately or fortunately you do not have any broken bones which makes it much less lucrative to a lawyer! (you can always try small claims)

Make sure the bike is not cracked or damaged in anyway, the insurance will pay almost right away property damage, for bodily injuries the insurance will drag their feet to the time limit of one year.

And be careful with the police as they are bias to bicycles--so read carefully the report.

Good luck.

VaultGuru

+1 on going to a doc and getting checked out. Just get him to pay for your medical expenses and whatever needs to be repaired on your bike. You do have to do something about this guy. It all comes back to the word "entitlement". Unfortunately, the bigger the vehicle, (the smaller the package), and the more entitled the driver becomes.

bigbenaugust 

Remind me to stay out of Oakdale. Way out of Oakdale.

Tycho Brahe 

Glad to hear you are doing OK.

Since you mentioned you have road rash from head to ankles, I am assuming your helmet was impacted somewhat. Helmets are not meant to be re-used after they have been involved in a collision, so at a minimum you should get your helmet replaced.

bikingshearer 

I forgot to mention taking photographs of you, including all the gory stuff. Especially the gory stuff. Bruises that have raised since (as inevitably happens - take photos of those. The torn clothes you were in at the time - take photos of those (and keep the clothes - don't weash 'em, don't clean 'em, keep 'em as they were at the time). Keep a record of the doctor visits. Document everything: document, document, document. And this means photos, too, not just stuff in writing. In this context, "documenting" means creating a record that you can pull out of a folder or print off a computer to show someone else - like a judge or a jury. Do not count on yor memory - memories fade and details get lost or confused. Records and photos and audio recordings, where appropriate, do a great job of filling in the gaps.

curbtender

I hate being to the right at multi-lane intersections. Glad you are OK. Glad you have someone to talk to about an accident. I'd guess in Oakdale they wouldn't have an abundance of bike lanes. So, you are stuck riding vehicular. In moving traffic, I pull to the left of the lane when I have cars ahead of me stopping and then return to the right at the other end of the intersection.

Beaker

Glad you're relatively OK. +1 for the getting checked out though.

It's truly dispiriting when you realize how little some people care about the wellbeing of their fellow man, just because they're on a bike. I had a close call riding on San Pablo Dam Rd in El Sobrante during the afternoon on NYE when a similar pickup driving dood, laid on his horn while I was riding to the left of the white line to avoid a bunch of parked cars in the bike line on a 4-lane road. He kindly turned right in front of me, put on his brakes and yelled out how "he didn't want to have to f***'n kill me". Really left me with a warm and fuzzy feeling.

Siu Blue Wind

Nice to know that you are here to post this.

Bikingshearer makes a lot of legal sense. Thanks for that input.

FrenchFit 

Isn't that the truth. Thanks to media and propoganda, "people" have adopted a skewed idea about lawsuits and recoverys. They would probably be shocked to learn what they are really up against, and how few people who's lifes have been materially altered to the worse by the negligence & recklessness of others ever get any sort of just compensatory recovery. The deck is stacked.

To the OP, there are attorneys that prefer working smaller cases, enjoy negotiating earnestly with insurance companies and fighting for their clients..and they might be cyclists themselves. You might survey around a little and see if you can find a local crusader who you hit it off with, there is something to be said for fighting the good fight. And, it makes insurance companies a little more aware that insuring reckless drivers is a real ongoing risk to them. Frankly, it doesn't take that much time to search out and call a half a dozen attorneys, consider it a hobby project.