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Re: [BikeWashingtonDC] Hit by truck

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  • Leslie Tierstein
    First of all, were the police called and a police report filed? The success of your suit will depend alot on what the police determine about the causes of the
    Message 1 of 7 , Aug 1, 2010
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      First of all, were the police called and a police report filed? The success of your suit will depend alot on what the police determine about the causes of the accident.

      Next, it *is* possible that you were hit the the truck's side-view mirror and lived to tell the tale. I was side-swiped by a taxi a few years back. In the aftermath of the accident, as I was lying in the road, I remember looking up and seeing  a car's mirror also lying in the road. Obviously, the physics of our accidents are quite different, and I don't quite understand how you ended up on the truck's hood after being hit from behind, but the mirror might still be a possibility.

      You might not need to get a lawyer involved, since you don't appear to have any lasting physical damage (you didn't go to the emergency room, did you).  You might be able to settle with the driver's insurance company, if you are just trying to recover costs of damage to/replacement of the bike. In another accident, when I was doored (I had a run of bad luck those few years back), I just talked with a representative of the insurance company and received replacement costs for bike repair (minor) and enough money to cover my transportation costs for the week when I would be recovering from my road rash/bruises and unable to bicycle to work.

      Leslie

      On Sat, Jul 31, 2010 at 7:51 PM, Kumar <biketrey@...> wrote:
       

      Hi, fellow cyclists,

      I was hit today by a pickup truck just past the intersection of Wellington Road and Nokesville road in Manassas. The driver luckily stopped...no broken bones but a totaled bike. I feel lucky to be alive!

      Just a nice training ride to prepare for a some of the fall century rides and the truck claimed he didn't see me. In a bright red jersey riding along to the right of the road. A bad case of road rash...lots of aches and pains, but I'm alive.

      I think I will be hiring an injury lawyer. THe driver claimed that his mirror hit me, but if it had, I would probably have been decapitated. He nailed me from behind...I was partially on his hood before sliding off and proceeding to slide on my ass (majority of road rash). Anyhow, any recommendations?


    • Kate Schwarz
      http://theathleteslawyer.com/contact-us-thank-you/ Please let Doug & Melissa know that I referred you to them. Best Regards, Kate Schwarz Advertising Manager
      Message 2 of 7 , Aug 1, 2010
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        Please let Doug & Melissa know that I referred you to them.
         
        Best Regards,
         
        Kate Schwarz
        Advertising Manager
        Potomac Pedalers Touring Club
        pptcadvertising@...
        703-622-6494
        www.bikepptc.org
         
        ----- Original Message -----
        To: Kumar
        Sent: Sunday, August 01, 2010 5:44 AM
        Subject: Re: [BikeWashingtonDC] Hit by truck

         

        First of all, were the police called and a police report filed? The success of your suit will depend alot on what the police determine about the causes of the accident.

        Next, it *is* possible that you were hit the the truck's side-view mirror and lived to tell the tale. I was side-swiped by a taxi a few years back. In the aftermath of the accident, as I was lying in the road, I remember looking up and seeing  a car's mirror also lying in the road. Obviously, the physics of our accidents are quite different, and I don't quite understand how you ended up on the truck's hood after being hit from behind, but the mirror might still be a possibility.

        You might not need to get a lawyer involved, since you don't appear to have any lasting physical damage (you didn't go to the emergency room, did you).  You might be able to settle with the driver's insurance company, if you are just trying to recover costs of damage to/replacement of the bike. In another accident, when I was doored (I had a run of bad luck those few years back), I just talked with a representative of the insurance company and received replacement costs for bike repair (minor) and enough money to cover my transportation costs for the week when I would be recovering from my road rash/bruises and unable to bicycle to work.

        Leslie

        On Sat, Jul 31, 2010 at 7:51 PM, Kumar <biketrey@yahoo. com> wrote:
         

        Hi, fellow cyclists,

        I was hit today by a pickup truck just past the intersection of Wellington Road and Nokesville road in Manassas. The driver luckily stopped...no broken bones but a totaled bike. I feel lucky to be alive!

        Just a nice training ride to prepare for a some of the fall century rides and the truck claimed he didn't see me. In a bright red jersey riding along to the right of the road. A bad case of road rash...lots of aches and pains, but I'm alive.

        I think I will be hiring an injury lawyer. THe driver claimed that his mirror hit me, but if it had, I would probably have been decapitated. He nailed me from behind...I was partially on his hood before sliding off and proceeding to slide on my ass (majority of road rash). Anyhow, any recommendations?


      • Kumar
        Yes, police and paramedics at the scene. I was taken to the ER and released after several painful hours of cleaning and lots of x-rays. Police report filed
        Message 3 of 7 , Aug 1, 2010
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          Yes, police and paramedics at the scene. I was taken to the ER and released after several painful hours of cleaning and lots of x-rays. Police report filed but I don't believe they charged him with anything, at least no ticket was given.

          From the evidence though, it's clear the police don't think he hit me with the side-view mirror since the damage to his truck is to his front right light and grill area. The bike itself is a mangled mess...it looks to me like he ran over the bike since the front fork is in several pieces...good thing I wasn't on it while he proceeded to roll over the bike!

          Anyhow, I'm trying to get in touch with the officer to get an answer as to why he wasn't cited, if in fact that's the case. And as far as a lawyer is concerned, I may or may not, depending on how they treat the case and whether or not the driver is cooperative. I can only assume that he was trying to get away with the story he gave the cops that somehow makes him seem less at fault...rear-ending me with a truck as opposed to a little shove with a mirror...different cases.

          Thanks for your thoughts on this.

          Kumar



          --- In BikeWashingtonDC@yahoogroups.com, Leslie Tierstein <ltierstein@...> wrote:
          >
          > First of all, were the police called and a police report filed? The success
          > of your suit will depend alot on what the police determine about the causes
          > of the accident.
          >
          > Next, it *is* possible that you were hit the the truck's side-view mirror
          > and lived to tell the tale. I was side-swiped by a taxi a few years back. In
          > the aftermath of the accident, as I was lying in the road, I remember
          > looking up and seeing a car's mirror also lying in the road. Obviously, the
          > physics of our accidents are quite different, and I don't quite understand
          > how you ended up on the truck's hood after being hit from behind, but the
          > mirror might still be a possibility.
          >
          > You might not need to get a lawyer involved, since you don't appear to have
          > any lasting physical damage (you didn't go to the emergency room, did you).
          > You might be able to settle with the driver's insurance company, if you are
          > just trying to recover costs of damage to/replacement of the bike. In
          > another accident, when I was doored (I had a run of bad luck those few years
          > back), I just talked with a representative of the insurance company and
          > received replacement costs for bike repair (minor) and enough money to cover
          > my transportation costs for the week when I would be recovering from my road
          > rash/bruises and unable to bicycle to work.
          >
          > Leslie
          >
          > On Sat, Jul 31, 2010 at 7:51 PM, Kumar <biketrey@...> wrote:
          >
          > >
          > >
          > > Hi, fellow cyclists,
          > >
          > > I was hit today by a pickup truck just past the intersection of Wellington
          > > Road and Nokesville road in Manassas. The driver luckily stopped...no broken
          > > bones but a totaled bike. I feel lucky to be alive!
          > >
          > > Just a nice training ride to prepare for a some of the fall century rides
          > > and the truck claimed he didn't see me. In a bright red jersey riding along
          > > to the right of the road. A bad case of road rash...lots of aches and pains,
          > > but I'm alive.
          > >
          > > I think I will be hiring an injury lawyer. THe driver claimed that his
          > > mirror hit me, but if it had, I would probably have been decapitated. He
          > > nailed me from behind...I was partially on his hood before sliding off and
          > > proceeding to slide on my ass (majority of road rash). Anyhow, any
          > > recommendations?
          > >
          > >
          > >
          >
        • geoffreygee
          Glad that you are still with us Kumar. (1) Please be careful what you write here. (2) As a layperson, I don t know how a driver would be less at fault if they
          Message 4 of 7 , Aug 1, 2010
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            Glad that you are still with us Kumar.  

            (1) Please be careful what you write here.  

            (2) As a layperson, I don't know how a driver would be less at fault if they passed too close (mirror) or simply rode into you (hit from rear).  

            (3) If your damages are serious, I would consult with a lawyer soon.  I think you can be honest that you have not decided whether it is necessary to retain an attorney.  My guess is that they will still discuss it with you and answer some questions.  

            -G

            --- In BikeWashingtonDC@yahoogroups.com, "Kumar" <biketrey@...> wrote:
            >
            >
            > Anyhow, I'm trying to get in touch with the officer to get an answer as to why he wasn't cited, if in fact that's the case. And as far as a lawyer is concerned, I may or may not, depending on how they treat the case and whether or not the driver is cooperative. I can only assume that he was trying to get away with the story he gave the cops that somehow makes him seem less at fault...rear-ending me with a truck as opposed to a little shove with a mirror...different cases.
            >
            > Thanks for your thoughts on this.
            >
            > Kumar
            >
            >
          • nm_taylor
            Hi, Kumar-- Get a copy of the police report. Just because the motorist wasn t given a citation doesn t mean that the police didn t find him at fault. A
            Message 5 of 7 , Aug 2, 2010
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              Hi, Kumar--

              Get a copy of the police report. Just because the motorist wasn't given a citation doesn't mean that the police didn't find him at fault. A police report that says the driver was at fault will help you recover damages from the driver's insurance company.

              I collided with a car in downtown Bethesda a couple of years ago when the driver u-turned across a double yellow line to get to a valet parking area. I hit the car almost broadside, damaged my bike and dislocated a finger [which required a cast and months of rehab].

              The police officer did not give the driver a ticket, but noted on his report that the driver, not me, was at fault.

              Like Leslie, I was able to simply talk to the a representative at the driver's insurance company to recover lost wages, damages to my bike [and helmet and clothes], medical costs and pain and suffering. I didn't not make any claims until I was certain I knew the extent of my injuries and the amount of damages to my bike and cost of replacement/repair [I got a written estimate from my bike shop], and the amount of medical bills, etc. I kept all receipts and made copies to give to the insurance company.

              The insurance company might want you to make a recorded statement about the accident the first time you call, but I had been advised against that. I wrote a succinct account of the incident and mailed that to the insurance company in lieu of a recorded statement.

              The insurance company made me an initial offer which I wasn't satisfied with [it did not include pain and suffering--my hand hurt for months afterwards] so I wrote a short essay describing the rehab I went through and the lingering pain I suffered [without exaggerating] and asked for a larger settlement, and the insurance company agreed.

              I did not hire a lawyer. If the driver was not found to be at fault in your case, then I am not sure how much of the above applies. But, you don't need to rush to settle with the insurance company. However, be sure to keep a good record of everything and write down an account of all that happened while it is fresh in your mind.

              Good luck!

              --Nancy

              --- In BikeWashingtonDC@yahoogroups.com, "Kumar" <biketrey@...> wrote:
              >
              > Hi, fellow cyclists,
              >
              > I was hit today by a pickup truck just past the intersection of Wellington Road and Nokesville road in Manassas. The driver luckily stopped...no broken bones but a totaled bike. I feel lucky to be alive!
              >
              > Just a nice training ride to prepare for a some of the fall century rides and the truck claimed he didn't see me. In a bright red jersey riding along to the right of the road. A bad case of road rash...lots of aches and pains, but I'm alive.
              >
              > I think I will be hiring an injury lawyer. THe driver claimed that his mirror hit me, but if it had, I would probably have been decapitated. He nailed me from behind...I was partially on his hood before sliding off and proceeding to slide on my ass (majority of road rash). Anyhow, any recommendations?
              >
            • Kumar
              Thanks for all the advice and all of the well wishes. I ll definitely do what some of you suggest and see where it leads.
              Message 6 of 7 , Aug 3, 2010
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                Thanks for all the advice and all of the well wishes. I'll definitely do what some of you suggest and see where it leads.

                --- In BikeWashingtonDC@yahoogroups.com, "nm_taylor" <nm_taylor@...> wrote:
                >
                > Hi, Kumar--
                >
                > Get a copy of the police report. Just because the motorist wasn't given a citation doesn't mean that the police didn't find him at fault. A police report that says the driver was at fault will help you recover damages from the driver's insurance company.
                >
                > I collided with a car in downtown Bethesda a couple of years ago when the driver u-turned across a double yellow line to get to a valet parking area. I hit the car almost broadside, damaged my bike and dislocated a finger [which required a cast and months of rehab].
                >
                > The police officer did not give the driver a ticket, but noted on his report that the driver, not me, was at fault.
                >
                > Like Leslie, I was able to simply talk to the a representative at the driver's insurance company to recover lost wages, damages to my bike [and helmet and clothes], medical costs and pain and suffering. I didn't not make any claims until I was certain I knew the extent of my injuries and the amount of damages to my bike and cost of replacement/repair [I got a written estimate from my bike shop], and the amount of medical bills, etc. I kept all receipts and made copies to give to the insurance company.
                >
                > The insurance company might want you to make a recorded statement about the accident the first time you call, but I had been advised against that. I wrote a succinct account of the incident and mailed that to the insurance company in lieu of a recorded statement.
                >
                > The insurance company made me an initial offer which I wasn't satisfied with [it did not include pain and suffering--my hand hurt for months afterwards] so I wrote a short essay describing the rehab I went through and the lingering pain I suffered [without exaggerating] and asked for a larger settlement, and the insurance company agreed.
                >
                > I did not hire a lawyer. If the driver was not found to be at fault in your case, then I am not sure how much of the above applies. But, you don't need to rush to settle with the insurance company. However, be sure to keep a good record of everything and write down an account of all that happened while it is fresh in your mind.
                >
                > Good luck!
                >
                > --Nancy
                >
                > --- In BikeWashingtonDC@yahoogroups.com, "Kumar" <biketrey@> wrote:
                > >
                > > Hi, fellow cyclists,
                > >
                > > I was hit today by a pickup truck just past the intersection of Wellington Road and Nokesville road in Manassas. The driver luckily stopped...no broken bones but a totaled bike. I feel lucky to be alive!
                > >
                > > Just a nice training ride to prepare for a some of the fall century rides and the truck claimed he didn't see me. In a bright red jersey riding along to the right of the road. A bad case of road rash...lots of aches and pains, but I'm alive.
                > >
                > > I think I will be hiring an injury lawyer. THe driver claimed that his mirror hit me, but if it had, I would probably have been decapitated. He nailed me from behind...I was partially on his hood before sliding off and proceeding to slide on my ass (majority of road rash). Anyhow, any recommendations?
                > >
                >
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