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Got hit by a car- any advice?

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Got hit by a car- any advice?

Post  kworth on Sun Jul 27, 2008 12:31 pm

Well its official- add me to the ranks for cyclists hit by cars. I was rear-ended while riding near my in-laws house over the weekend. I was riding legally and even had a blinky light, but she says she didnt see me until she was on me. The cross-check is folded in half and my ass looks like someone went over it with a cheese grater but otherwise I think Im ok. This lady couldnt even see over the steering wheel and was going to drive away before the witnesses stopped her. Apparently the lady is trying to say I shouldn't have been riding my bike on a road so she blames me for the accident. Oh, and she says her knee hurts because she had to hit the brakes hard and she recently had knee surgery. Luckily the witnesses and police agreed with my assessment of the accident. Anyonesuggest I do anything at this point? Ive already opened a claim with her insurance, but I dont know if I should contact a lawyer and such.

kworth

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Re: Got hit by a car- any advice?

Post  brdfrd on Mon Jul 28, 2008 1:33 pm

Dan,

In my experience, if the driver or their insurance balks at covering the accident you are screwed unless the driver has been issued a ticket. Even if the accident report clearly, or un-clearly, lists her as at fault. So, I would find out if a ticket will be issued. If not I would push to have one issued, or sign a complaint against her. This in effect would draw this issue to court where she would need to prove she wasn't... (and you would need to prove she was). My experience comes from situation in NJ, where I know you have a specific amount of time to file the complaint.

Go back to the spot, at the same time of night. Get a bike with the same blinky light, have someone hold it up about where you were hit (make sure they watch for cars), go back up the road with a camera/video camera to illustrate the visibilty at various distances. Also find out if the driver has anything on their license that says they need glasses to drive... if so, was she wearing them?

Aside from that, go see a doctor to be sure there isn't anything more serious going on with your pelvis or hips. I got knocked off by a dog years ago and thought everything was ok, but the hip I landed on has caused me trouble from time to time ever since.

Anyway, give me call if you want..

-Brad

brdfrd

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Re: Got hit by a car- any advice?

Post  kworth on Mon Jul 28, 2008 2:00 pm

Thanks Brad- Im getting checked at the doctor today, and have contacted the family lawyer just to be sure. The worst part of this is it was broad daylight- I had my blinky on because I dont trust the drivers up there and this just reinforces it.

kworth

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Re: Got hit by a car- any advice?

Post  georgev on Thu Jul 31, 2008 1:29 pm

tis the season. i got whacked by a car on friday morning and have been laid up with a separated shoulder and a bunch of torn ligaments.

+2 to brads advice: go to the doctor and make-sure-that-you're-sure you are alright.

and: get a lawyer. even if you dont plan to use 'em. protect ya neck.

-george v.

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