Cypress

When I got hit by a truck after he cut one lane of traffic off and t-boned me as he was trying to turn into a parking lot, the insurance company decided that I was 20% at fault. Most rediculous thing I've ever heard.

pchrosto

Sad to say with the current split liability laws in most states you need to get a lawyer before you talk to ANY insurance companies and make a statement. It's the game they play because the law allows them to. Especially if you they sense that it's not worth it to you to fight them over a couple hundred dollars. Like in the case of a bike or older car, where damages might total $1000-2000 and 20%-30% isn't a great deal.
Same thing happened to my mother when a car pulled out of a driveway while she was doing 40. She managed to brake some but hit the car in the rear door and fender. They found her 30% liable because of her hitting the rear of the car. I'd pursue this with a lawyer if it's worth it to you to seek reimbursement for damages. And it's a good idea to go to the police and push for the driver to be ticketed.

Paul

baiskeli

Sad but true.

It's sad that drivers cannot be sited for negligence. It seems the only way to get cops to pay attention is to be seriously injured or killed.

sentinel4675

Boy some of you do watch too much TV. I have encountered several people in my career that should not be driving. I've gone so far as to call relatives and express my concern, but there is nothing I can do as a police officer to cause her to lose her license due to her health. It takes her family and a medical professional. I can see it now.."officer, what makes you qualified to judge that my client is unable to drive a car? Are you a trained physician?"
I think there are some of you who would like to get some rope and string her up in the village square. It is not battery with a deadly weapon, it is a crash. Also, the police officer does have to prove that she knew she hit him. Take the insurance money and run.

GuitarWizard

It's a flawed system.....apparently everyone is powerless to do much of anything, and said person will just keep driving until he/she kills someone. BTW, I don't believe anyone expected a "cop" to be judge and jury.....we all know that cops are powerless to make such decisions; it's not their job to do so. But a judge can order someone to re-take a driving test if proof has been brought forward. I would think that:

A) not seeing someone cross your path right in front of you, and
B) not knowing if you hit someone or not

would be grounds for this. But.....apparently that isn't good enough. Which begs the question, what is?

Although if I got pulled over the other week for doing 150 mph....even though I didn't kill anyone and there was no traffic....I'm sure I would've lost my license along with a whole slew of other charges, etc.

Ah well, take what you can get, and just avoid getting in trouble I guess is the way things work.

baiskeli

Just a thought...

By refusing to write a ticket, isn't the cop already prejudicing the outcome? If a cop declines to write a ticket despite the proof (damaged bike, damage to car, witness etc), they are essentially stating that the responsible party did nothing illlegal. At the very least I would expect a warning written (leaving the scene of the accident, carelessness etc). Otherwise anyone in a hit-run can claim that they didn't know they hit someone or another car.

People are not baying for her blood, just pointing to the fact that when a cyclist is the injured party in an accident it seems that their needs count for nothing. Does the cyclist have to die for anything to be done?

asmallsol

Way before I was into road biking, I was crossing the street on a very busy day at a light. The crosswalk light said walk, my brother went first, then I went. When I went, this lady comes up to the intersection with her right signal on, coming up to a red light. I proceeded thinking she would stop since she had the red but she proceeded to not even yeild through the red and plowed into me. This was on my BMX with pegs. Pegs were stuck under the bumper. When the police came and asked if I could get out of the intersection, I proceeded to rip my bike out as hard as I could from under the car, and broke her front bumper (score for me). Ambulance came almost instantly and they took me to the hospital for xrays before the police could ask me what happened.

Police come to my hospital room and tell me that the lady says that I RAN THE RED. Because there were no other wintesses that stepped forward other then my little brother, they decided to call us both 50% at fault. Because of that her insurnace would not pay for my $450 2 mile ambulance ride. As others have said, if you want to kill someone, give them a bike then run them over. You'll get off scott free.

Ozrider

Get a good personal injury lawyer right away, preferably one who rides. Ask at your local LBS, they will know the attorneys who are serious riders. I am a wrench in an LBS in Wisconsin. There are several very good attorneys who are serious riders who bring their bikes to us.

It takes a trained professional to navigate these waters. I was hit last year and it was only because of my attorney - who is a Cat 2 racer by the way - that I was made whole. Granted, the driver who hit me was cited because I clearly had the right of way and she ran a stop sign.

Still, it took someone who knew what they are doing to get through all of the nonsense I had to go through.

Oh, and in Wisconsin, doctors are obligated to call the DMV when they have a driver they determine is not capable of driving. I think the police can ask for a temporary license suspension until a professional determines whether a driver is capable of being behind the wheel.

sentinel4675

OK, time to answer some questions as best I can using Indiana law. I can't speak for other states. I, as a police officer, cannot ask for a temporary license suspension, that is either ordered by a judge or the BMV.
baiskeli, No, but not writing a ticket the officer doesn't prejudice the case either way. On Indiana crash reports there is a section for contributing factors. Those factors can be assigned to either person and we list a primary factor. You have to remember that in most cases the officer never sees the crash, but has to rely soley on what both drivers say and if there are witnesses and they aren't always reliable.
I had a crash several years ago with one driver going north through an intersection with a traffic light and one driver going west also with the light. Both drivers swore they each had the green light. There were even 2 witnesses. Each witness claimed the other person had the green light so 4 people couldn't even agree. I checked to make sure the signal appeared to be functioning correctly and it was. Who should I have written the ticket to?
I never write tickets at a crash other than for a DUI or suspended driver or no insurance for the most part. How do I go to court and swear under oath that I wrote the correct person the ticket for running the red light?
Also, in Indiana, the police don't determine fault the insurance companies do. You have no idea how many times I have put one person down as the primary cause only to have the insurance companies slit 50/50. I agree that if injuries are severe enough, obtain an attorney and sue if that is what you want. Sometimes it isn't worth the price of the attorney when the insurance companies will settle.

There are some who are baying for blood by claiming assault with a deadly weapon. Some people watch too much CSI

hiromian

I hit a girl on a bike with my car once. She was ok, but understandibly distraught and her bike was toast. The cops did not write up a ticket for me and or a police report that I am aware of. I did not get asked to pay for the bike and I did not offer to pay I will poste the storey some day.

sentinel4675

If the crash was your fault and you did not offer to pay, then you are wrong and should have been the bigger person. If it wasn't your fault, then I don't see why you should be made to pay.

Cycleman1958

Call and write to the municipal prosecutor.
We have a "share the road" license plate in our state, but I have often thought a clandestine paint job on bad intersections of the figure of a downed cyclist, like in a murder scene but with the bike next to him would draw more attention.

GuitarWizard

Awesome....I guess the next time I see one of the dumbass college kids in town walk across the street without even looking, I should just mow 'em over with my SUV (even though they're in a crosswalk).....

Chopper1

Figured I would give you guys an update. I called the police station to discuss options and possibly filing a complaint and they told me to speak to the officer involved and he was off duty at the time. Left him a VM and he has not called mr back for 3 days now!! I also called the woman who hit me. She called back and was extremely apologetic. Flat out offered to buy me a new bike for my troubles. PO really pi$$es me off, the lady seems really nice. Still not sure what to do. Appreciate all of the response and advice.

Thanks.

shokhead

I got hit on my bike in the x walk. Almost cut my finger off as her headlight hit my hand.. The lady put me in her car,drove to the dance place,why? Well she said she was already late and had to get her daughter to the class. She then drove me back to where she hit me,i got out,she gave me a quarter for a phone call and she left. I was 9 and now that i look back,dumb or in shock.

reneuend

Wow, how heartless can you be?

sentinel4675

Chopper, don't forget the officer might be on days off or even vacation so he might not call you back for some time. When I worked midnights, it was always funny how people expected me to call them when it was convenient for them, meaning during the day when I would normally sleep, instead of during my shift at night.
I would still consider and attorney if you were injured, but only if it would be worth the money. Keep all of your receipts and get the new bike and whatever else was damaged replaced.

HWS

Look at it this way; If you were on a motorcycle or driving a car and were clipped like that, it would be her fault and she would be expected to pay.
Here's what I would do in your situation. I would call her back and let her know that your bike might be damaged and take it to the shop for a very thorough inspection. Let her pay for any damage to the bike and let it be.

Then, I would call the original officers supervisor and let him know what happened. Also find out what you should do in the future in case it happens again and you aren't so lucky with person who hit you being apologetic about it.

Chopper1

I'm with you. I have several family members that are policemen. The officer I spoke with told me that my guy was working the 3-12 shift, so I do not think this is anything other than him not calling me back.

xSandmaNx

I just hade a teenage girl rear-end my 4 day old car yesterday... probably totalled. did she get a ticket? nope.