ROJA

I was riding and got hit from the side or behind by a commercial truck (produce delivery) and was knocked from my bike. I was probably going about 10-15 and he was going maybe 25 mph. (For any locals, it was on Ashby, just past Claremont as you go up the hill). Luckily, he stopped. I was pretty scraped up (the wound on my stomach/hip is about 2" by 2" and the bruise is getting bigger and worse and some scrapes on my knuckles). The first point of contact down on the ground was my chin (pow!), so I'm going to go to the doctor on Tuesday to get that checked out by my doctor and dentist (jaw is still sore). I got all the driver's info and had him sign a statement admitting that he hit me from behind.

The road has 2 lanes in each direction, but cars park in the right lane in the direction I was going (uphill). Therefore, I rode as far right as practicable near the parked cars. There is barely enough room for cars to get around. Right before I got hit, I heard the truck honk at me, but there was nothing I could do (I was riding safely and as far right as was safe). Then he came by and hit me. His argument was that he honked because there wasn't enough room and then he drove around me/into me. It was as if he thought it was my fault for being in the road (he later understood and was very apologetic). I told him that I wasn't going to get into a debate about the legality of the situation, but that I had the right to be on the road and that I was riding safely and legally. I asked him if he would have just run into a car in the same situation. I told him that, just like passing a car, he would have to wait for enough room to pass safely. Honking your horn certainly doesn't help and just alarms and scares us!

Very scary experience (and my first time to go down on the road). I am a bit shaken up and I am very very grateful that it wasn't worse (I could have easily gone down under his double rear wheels).

Last, but not least, I think my bike is OK. It has some scratches on the brake levers and perhaps a few other places. The place where one of the brifters attaches to the bars got moved over a bit, but I am hoping that it can just be adjusted back into place.

I was originally not going to do a report because the driver was very apologetic at the end and understood the error of his ways. He did stop (although to not do so would have been a felony) and I give him credit for that. I would feel bad making this guy lose his job over this. I think it may be a moot point, however, because my local PD won't do a report if more than 24 hours have passed and I am apparently REQUIRED to do a report with DMV. The local PD told me that since it's a commercial vehicle, the truck driver will definitely be doing a report (the insurance company will tell him to do so), so I should do one as well to protect myself. It will not report in any law enforcement action against the driver. That might be a good middle ground.

Any other thoughts or advice here? I think I will take my bike (almost brand new) to a shop and get it checked for damage. I think I may also get a new helmet (or get it checked) because although I think I went down on my chin, I'm not sure if my helmet took an impact as well.

Thanks for letting me vent. I am pretty freaked out about the whole thing. The one thing we can't control is traffic behind us, so this (to me) is the scariest kind of accident.

RatherBeBiking

Damn, sorry to hear about the crash. Can't really offer you any advice on the legal issues, but you seem pretty understanding when the driver is clearly at fault. Not sure if I would be able to keep my cool in a situation like that.

billyt1963

Glad to hear that you are OK for the most part. I hope the check up at the doctor and dentist goes OK. Good luck!

Billy

JOEPIPPAS

Glad to hear that you are ok. I sure hope the driver learned from this.... I've been scraped by mirrors on trucks an the such.... A lot of people think that we dont belong there, then are supprised when we argue that we do..
Make sure to report this to his employer and his Insurance.. some times out of fear of loosing a job people wont say anything to an employer. and If you can file a police report a.s.a.p...
You're gonna be real sore tomorrow....so get some rest and start working the Motrin or Naproxen.
Hope you feel better.

San Rensho 

Glad you're ok.

Sue the bastard. At least notify his insurance company that you are making a claim, you can always withdraw it, but if you decide to make a claim in the future, they may deny it because you didn't report it promptly. Make his insurance pay for your medical bills.

He was clearly at fault since he hit you from behind. To avoid this type of collission in the future, just take up the entire lane, effectively blocking cars from getting past you, and move over to let cars by when YOU believe its safe for them to pass. Don't let the horn bully you. The collission happened because he tried to get past you when there was not enough room for both the truck and a bike to occupy the lane at the same time.

willzz

i got hit by a truck last year..
minor injury... and a month of treatments..
but bike was run over..
my auto insurance took care of it..
and billed the other guys insur..
check with your insur..
i'm just glad i wasn't run over..
and you either..

Dubbayoo

Glad you're here to tell the story, bro.

JayC

Glad you're okay.. file a report. Even if you dont need it, it covers your butt just in case.

ROJA

This is what I've been second guessing in my head constantly since the accident. When do you take the lane? I don't hesitate to do so, but here, while a car could pass, apparently a truck could not. I think this is a pretty tough call, because I think there are plenty of situations where it is more dangerous to take the lane. In my accident yesterday, I'm pretty sure the driver would have run me over (either on purpose or by accident) and I would have been dead or hurt much worse. What do you think?

probable556

I would have hit him in the face with my U-Lock. Freaking idiot.

Dave Moulton

Contact Gary Brustin for some legal advice. He is a cyclist himself and specializes in cycling accidents.

DrPete 

Glad to hear you're relatively OK. I would approach this the same way with your insurane comany as if you were in a car. Get an estimate for the damages (if any--doesn't sound like a lot) to your bike and keep all your medical bills. Then forward those to the guy's insurance company.

Again, though, glad you're OK. Scary stuff.

venturi95

I don't know what will be your recourse without a police report. Unfortunately the legal system rarely works without the proper documentation, and I don't know what your legal rights are now with a note as your proof of fault. Call a cycling atourney. I think this driver needs to be repremanded in some way, he obviously saw you and then proceeded to run you down. More than just bad judgement on his part, you could have easily wound up maimed or dead.

Brycycle

i feel for you; same thing happened to me last year. trucker tried to 'sneak' by. nothing like taking a chance when someone's life is involved, hey?

same reaction, extremely apologetic after the shock of realizing they actually hit someone.

dekalbSTEEL

#1 ..... I'm glad you're ok

#2 ..... every time I read one of these posts, I just want to scream at my monitor "CALL THE POLICE!"
Any collision between two vehicles on a public roadway resulting in injury should automatically result in police responding to the scene. Don't leave the scene and don't let the other party or witnesses leave the scene if you can prevent it.

ROJA

Thanks for the advice and the well wishes. I do think these injuries will be minor and I am confident that my rights will be adequately protected in the event that I need to enforce them legally. I understand that others could disagree, but under the circumstances, I decided that it was not worth this guy losing his job and livelihood over an error of skill and judgment that turned out to yield only minor injury (I hope) and property damage. I really did get the feeling that he learned a very very strong lesson and will be much more careful in the future. That said, it could have been much worse and I could easily have been killed or crippled.

Pharmr

glad to hear that it wasn't any worse than what happened....sorry about your injuries, and I really hope that you'll heal fast and fully.

dekalbSTEEL

As a commercial driver myself, I can tell you he is more likely to "lose his job" by not calling the police and filing a proper on-scene report.

What's to protect his employer from legal action from you if there's no on-scene report made? You could show up tomorrow in a neck brace and casts on both legs, and they'd have no way to dispute your claims. He said - he said, you know?

-=(8)=-

Wow !
Im glad you are not hurt worse.
It makes me mad just reading it !
What are these people thinking !?!? 0r not as it were.......
"I dont feel like slowing down so Ill just hit them.........."
Unblievable.

aballas

glad that you're okay....i'd recommend taking pictures to document everything...(bike damage, injuries) so his insurance company can't challenge you on them down the road..

DrPete 

I'm in a similar situation right now with a little fender bender. I rear-ended someone at low speed--no ambulance, no police report. My insurance company paid out less than $800 fixing the car I hit. Now I'm getting sued for $1,000,000 in damages. Hopefully it'll end in a settlement, but it's still costing me some sleep until it's taken care of.

Suffice it to say that I'll ALWAYS be filing a report now...

KramerTC

Get well soon. Like others have said you'll be very sore tomorrow. At least the driver stopped and was apologetic. I know it doesn't exonerate him but I'd like to think he'll just wait the 10 seconds most of the time a cyclist slows down a motorist the next time.

jmgorman

CALL THE POLICE! Now. He honked, then he hit you, that sounds like assault. Call a lawyer, you may need help convincing the police to take action and you will certainly need help recovering damages. **** him and his job, he hit you when he knew it was unsafe to pass. If he gets away with this, next time he may kill someone. And why is everyone cutting this guy slack because he stopped and acted apologetic? That is what you are supposed to do - it is the baseline of human decency.

911TurboS

get a lawyer!!! You're looking at around $500,000!

clutchy

welcome to being a doctor.


OP: bummer man, heal up!