T-boned a Bicyclist

[nycsteve]

Unfortunately, I have yet to see the accident report.

Got a call from insurance yesterday saying the bike is totaled

Also, settlement amount for the bike and gear should be priced out by today.

[nycsteve]

Payout is about $4500. To buy the bike back, it'll be ~$600. So I guess I'll start looking for a ~$3500 bike soon.

[Panda]

Sucks man. You going to buy another 250?

[nycsteve]

IDK. I want to keep mine for a potential track bike; the track is soooo much fun! Can't be taking main form of transport there all the time!

New (to me) bike will either be another 250 or a mid-weight (<750cc) bike that is not too uncomfortable on the long rides. By long I mean nothing less than 200mi one way/300mi a day.

[Panda]

Originally Posted by nycsteve

IDK. I want to keep mine for a potential track bike; the track is soooo much fun! Can't be taking main form of transport there all the time!

New (to me) bike will either be another 250 or a mid-weight (<750cc) bike that is not too uncomfortable on the long rides. By long I mean nothing less than 200mi one way/300mi a day.

What about a ER6N? I think they are pretty inexpensive. A used one should be around ~3500.

Frame didn't get bent?

[Dustinh1989]

Damn that sucks get better man!

[nycsteve]

Originally Posted by Panda

What about a ER6N? I think they are pretty inexpensive. A used one should be around ~3500.

Frame didn't get bent?

I was thinking about the ER6N, an SV or the YZF-6R. Lowest price might be on the SV I think.

FRAME: Not that I know of. The insurance guy that I spoke to was a general claims rep. I'm going to speak to the rep who handled the actual inspection of the bike later on today.

I took a peek of the bike the day of. It didn't look that bad. The front end was pretty messed up, but I don't think there was enough damage for frame impact. Even if I'm wrong, I think I can sell the bike for more than $600 as a parts bike. So I don't think I can go wrong with keeping it. Well, I hope!

Originally Posted by Dustinh1989

Damn that sucks get better man!

Thanks!

[nycsteve]

Sorry for all the double posts.

Anyway, got a copy of the police report today. It is in "my favor", with 2 witnesses saying she ate a stop sign on her part. No signs or anything from me. I totally thought she came from the sidewalk.

The good thing is, the report helps me defend against any claims she may or may not have thought of bringing forward. Too bad it can't undo the damage to my bike, and especially to me. It also can't give me back my sick time from work or time away from exercising or even the time wasted on paperwork plus some relatively small medical fee's. Also, time away from riding.

Someone told me to go after her (sue), but I don't think I have it in me to do it. Even if I did have a legitimate case or chance against her, doesn't feel right.

Edit: I just received a great deal on a tack day for this Sunday. $135 for the day with Absolute Racing at NJMP. UNBELIEVABLE!

[Toly]

Whatever you do, just make sure your insurance company gets a copy of police report

[nycsteve]

They have it, they're the ones that sent it to me! I'm waiting to hear back from him to see how the lady is doing.

[choneofakind]

Originally Posted by nycsteve

Someone told me to go after her (sue), but I don't think I have it in me to do it. Even if I did have a legitimate case or chance against her, doesn't feel right.

Good on you! So many people are so sue happy, but it feels good to read of someone else sharing my feelings. For things like this, you're both relatively okay when things could have been tons worse, and it just doesn't feel right.

[Daks]

It's stuff like this that makes me kind of sad I sold my hulking old Montero because continuing my right of way when bicyclists blew reds and stop signs was just too fun.

I'd always hope they'd make my day and run into the side of the thing or I'd get to punt them a few yards. Wouldn't have had a scratch on it from them either way. 90s tank of a car.

I have friends all over the US who fight me on how cyclists "aren't that bad" but clearly they've never lived in the Bay Area, Portland or NYC. I share the road and don't bitch if they have to wander out of bike lanes to make turns and whatnot, or cross like a pedestrian so long as there is a crossing light for them but more than a couple act like they're too good to get hit.
Almost wish I left at least one spandexed ass with a mitsubishi badge and "V6" stamped in it.

[rojoracing53]

Originally Posted by Daks

It's stuff like this that makes me kind of sad I sold my hulking old Montero because continuing my right of way when bicyclists blew reds and stop signs was just too fun.

I'd always hope they'd make my day and run into the side of the thing or I'd get to punt them a few yards. Wouldn't have had a scratch on it from them either way. 90s tank of a car.

I have friends all over the US who fight me on how cyclists "aren't that bad" but clearly they've never lived in the Bay Area, Portland or NYC. I share the road and don't bitch if they have to wander out of bike lanes to make turns and whatnot, or cross like a pedestrian so long as there is a crossing light for them but more than a couple act like they're too good to get hit.
Almost wish I left at least one spandexed ass with a mitsubishi badge and "V6" stamped in it.

On my bicycle I run red lights(after stopping the check if its clear) and roll stop signs(when i can its clear in every direction like out here in the country) all the time but I always wait my turn when there's cars around. What really pisses me off are the ****ing morons in cars that forget how to take their turn at a stop sign or lose all sense of right of way and just freeze because there's a bicycle in the vicinity. I assume that they assume I'm going to ride like an ass and just force my turn so what do I do after waiting 5 seconds while no one moves I take my ****ing turn ahead of everyone to get things moving again. If more drivers drove like Daks and myself and just treated bikes like cars and just held their right of way when it was theirs to have and not just freeze up I think things would run smoother. Sure there would be an adjustment period were bikes would be plowing into cars that didn't wait for them to run the stop but you have to make sacrifices for the betterment of mankind right?

There's only one race of people I'm racist against and that morons. Just a side note some of my cyclist friends are by far the worst distracted drivers I've ever seen in my life and I can't figure out who none of them have killed a cyclist in their car themselves. Then when a cager cuts them off they get all pissed off and I'm over here like

[ally99]

Originally Posted by rasta

How could you not see a minivan?

ALWAYS beware of soccer moms!

[choneofakind]

I won't blow reds when I pedal. Period. I'll roll through stop signs in the middle of nowhere if there's no traffic, but then again, I roll those in a car and a motorcycle as well.

I don't mind drivers treating me like a car. I'd rather that than drivers always assuming that I'm going to be a jerk, because I do my best to be polite. The thing that really gets me is when I filter at stop lights and big SUV's cut to the curb to try and cut me off. I don't get that. Sure, it's not technically legal, but it's safer than becoming squash sandwhich when the soccer mom or teenage social queen behind me stops paying attention and rear-ends me at a light. I'm already skinny enough as it is!

All I want is 3 feet of space when people pass me. Don't pussy out and tail me for a mile because you don't know where your corners are, don't get pissed because I'm an inconvenience, don't lose your damn minds and forget how to drive. Just pass me and be done with it.


Anyhow, am I the only one who finds it ironic that after hitting a bicyclist, Steve is looking to buy a new bicycle? hahaha

[eddiekay]

Steve....@ $4500 for the bike I'd take it and run. If interested...I'm getting a new 300 for $4600 at Best Cycles in Big Run PA.
Theres also a guy in Seneca PA...World of Wheels who might have one ( that's the guy who sold Best Cycles the one i'm getting). Seneca or Big Run anywhere near mom ?
As for the bicyclist sueing you....she prob will but your comp will cover it.

[Alex]

Originally Posted by Alex

I was hit by a bicyclist last year. I was riding along near a small town in Marin, and while riding past a bike that was on the right side of the road, the bike unexpectedly turned left into the road to cross to the other side. He didn't look behind him or signal before turning the bike. I started to swerve left, but he still ended up hitting the side of my motorcycle, near the right rear as I went past. He crashed, and hurt himself; I barely felt it as I went by as it was just a brush (which probably took his front wheel out from under him).

I was extremely fortunate, in that there were a number of witnesses that saw the whole thing happen, and relayed it to the CHP exactly as I listed above. The guy got a lawyer, or his insurance got a lawyer, and made noises about suing me / my insurance company. My insurance looked into it, reviewed the report, contacted some of the witnesses, and ultimately told the lawyer to go ahead and sue, we weren't going to settle. He did have real injuries, broke his tailbone and was claiming $18K or so in medical charges. But it was his own fault, by his own admission to the CHP that he hadn't signaled or even looked before the collision. They must have decided not to go forward with the legal process, as my insurance closed the file quite awhile ago, and just let me know to inform them ASAP if anything about the collision does come to me somehow before getting to them, as there are time limits on responding to various processes.

Well, crap. Just got served tonight. The bicyclist is suing me, over 2 years later. Should be cut and dried, but we'll see.

[ForceofWill]

Originally Posted by Alex

Well, crap. Just got served tonight. The bicyclist is suing me, over 2 years later. Should be cut and dried, but we'll see.

Counter-sue for wasting your time, lost wages etc.

[choneofakind]

Originally Posted by Alex

Well, crap. Just got served tonight. The bicyclist is suing me, over 2 years later. Should be cut and dried, but we'll see.

For real?!? over 2 years later? Tell him to take a hike, what a goober. I've injured myself twice biking, I've taken the blame on myself (because I'd do nothing else) and we specifically told our insurance that my accident was caused by no one other than myself. First one was a bad jump, second one was a snowy sidewalk at school that was piss-poorly cleared. You don't see me coming back 2 years later bitching it, trying to sue. Clearly it's already said and done, lesson learned.


Good luck with this one Alex. This is just silly. He needs to get some footputuphisass treatment.

[250rr]

Well that sucks. Why are stupid people stupid?

[antiant]

How long is too long to sue in a case like this? WTF?

[NevadaWolf]

Ahhh, according to The Court:

Type of Problem (or Case)
Injury to a person. The defendant hurts you with or without intending to hurt you. For example, personal injury accidents, wrongful death, assault, battery, intentional or negligent infliction of emotional distress, wrongful act, or negligent act, etc. California Code of Civil Procedure section 335.1

Time Period During Which You May Sue (or Be Sued)
2 years from the date of injury
((If the injury was not discovered right away, then it is 1 year from the date the injury was discovered.))


What'ya bet either the cyclist has a friend who has a lawyer friend or some such "friend of a friend of a friend" who also had a similar case and ended up with oodles of money from the reckless biker?

Yay for witnesses!!

[DEFY]

Not sure but I know court setups can take a lengthy time, wouldn't think it would take 2 years though.But I am not a lawyer nor someone who goes around sueing people for my coffee being hot.

[NevadaWolf]

Originally Posted by DEFY

my coffee being hot.

Have you seen the burns caused by the coffee? I fully think Mrs. Liebeck was right to do what she did. Though I also think McDonald's was not at fault as they were and are following the industry standards. Who decided it was right to serve any item meant to be consumed at a temperature that could cause severe third degree burns within a couple seconds of it touching skin?

/end threadjack, sorry, but that case is always used to highlight "frivolous lawsuits" when most of the time the details of it are not fully known.

[DEFY]

Originally Posted by NevadaWolf

Have you seen the burns caused by the coffee? I fully think Mrs. Liebeck was right to do what she did. Though I also think McDonald's was not at fault as they were and are following the industry standards. Who decided it was right to serve any item meant to be consumed at a temperature that could cause severe third degree burns within a couple seconds of it touching skin?

/end threadjack, sorry, but that case is always used to highlight "frivolous lawsuits" when most of the time the details of it are not fully known.

I am not disputing the heat of the coffee, I use it because it wasn't Mcdonalds fault she poured it on her own lap, it was that chains fault it was at the extent of heat it has but you don't sue a knife company if you cut yourself.

[choneofakind]

Anyhow, I think it's silly for this biker. He even is on the record (along with other motorists) that no signal was used. I think that puts the him squarely at fault.

The timeline is likely him realizing that his time window was about to expire, so he figured he would give it one last try.

No signaling = no defense.

[rasta]

People sue because their coffee is too hot, or because they got fat from shoving too much McDonald's down their throats. I don't question the idiocy of people anymore.

I would counter sue. Just so the guy knows blaming you for his mistake is not appreciated

[allanoue]

Originally Posted by rasta

People sue because their coffee is too hot, or because they got fat from shoving too much McDonald's down their throats. I don't question the idiocy of people anymore.

You can control how much food you eat. You cannot control how hot or cold the coffee is that is served to you.

[greenaero]

We don't have a justice system, we have a legal system full of this type of gamemanship. Alex should prevail but what a waste of time and resources. Probably it is just a ploy to shake down a settlement to prevent it going to trial. No smart attorney would take this case on contingency. The bicyclist would have to pay the attorney up front to take it to trial with little chance of success.

[csmith12]

[rasta]

Originally Posted by allanoue

You can control how much food you eat. You cannot control how hot or cold the coffee is that is served to you.

True. It's easy to forget that the coffee one orders might be served hot. Though I will concede that in some of these hot coffee suits, the problem is faulty lid placement. Those suits are justifiable

[ally99]

Originally Posted by Alex

Well, crap. Just got served tonight. The bicyclist is suing me, over 2 years later. Should be cut and dried, but we'll see.

Oh damn, that's BS. Folks gonna sue any time they think they can in this litigious society. Sucks to have to deal with crap like that Alex.

[RedPepper64]

What ridiculousness! People are so greedy and petty it's saddening. Best of luck @Alex

[Aggrotech]

Originally Posted by Alex

Well, crap. Just got served tonight. The bicyclist is suing me, over 2 years later. Should be cut and dried, but we'll see.

if/when you get the chance, you should verbally tell him how much of a pathetic excuse of a human being he really is. ooh and record it. i bet it'd be hilarious.

[fast1075]

First off, I live in Flaw'da. Needless to say, interesting roads are few and far between.

Bicyclists flock to those roads as well as motorcyclists. Some Sundays, it looks like Tour de France. The huge majority of them play nice. That is they realize they are moving at 15 mph on a road posted at 55 (and that the sportbike riders often go MUCH faster). They stay to the side in line. I am fine with it. As a side note, I have seen on many forums, bicyclists claiming they have to ride in the middle of the lane because of the condition of the highway. NOT so in Flaw'da. We have the best roads, and almost all of them have bike lanes.

The problems start when you have "dissident" riders who ride in groups, completely obstructing the right of way because "they have the right". This causes real problems leading to anger induced crashes from people trying to pass them.

I have on many occasions come around blind corners to find 5 or 6 stopped in the middle of the road having a conversation or something. Unimaginably stupid. But to be fair, they (the idiots) are not the most dangerous thing on the highway. Not even the dreaded bluehair. It is the idiot soccer mom in the mini van. All minivans should have an interlock that will not allow the engine to run if there is a cell phone inside, or the cell phone should emit electroshock if turned on inside a minivan.

[akima]

@fast1075: much truth, you speak!

Cycling is awesome.

Morons can take anything awesome and turn it to sh!t.

[CynicalC]

Originally Posted by Alex

Well, crap. Just got served tonight. The bicyclist is suing me, over 2 years later. Should be cut and dried, but we'll see.

At Nicasio right? Let us know if you need another witness. We were there!

[headshrink]

Originally Posted by rasta

People sue because their coffee is too hot, or because they got fat from shoving too much McDonald's down their throats. I don't question the idiocy of people anymore.

I would counter sue. Just so the guy knows blaming you for his mistake is not appreciated

I actually saw a documentary on the McD's coffee case. Apparently there was way more to the story than the media let on. McD's had apparently been warned previously about the coffee being hotter than X degrees (some standard), and ignored the warnings.... I don't recall, but possibly more than once. They didn't WANT to lower the temp because it wouldn't be optimal for the coffee flavor. Also, apparently the woman, who was old, was pretty seriously burnt over her lap and genitals. My memory is fading, but I think she may have required a skin graft. The worst part was really McD's attitude through the whole thing.

Not that it's really that important, but I hear this case referenced all the time.

[FrugalNinja250]

Originally Posted by DEFY

I am not disputing the heat of the coffee, I use it because it wasn't Mcdonalds fault she poured it on her own lap, it was that chains fault it was at the extent of heat it has but you don't sue a knife company if you cut yourself.

You should probably review the facts in the case before making comments, that way you don't come across as, being so uninformed, in the future.

Most people's knowledge of the facts in this case are shaped more by what ideological media they prefer to expose themselves to than it is shaped by what actually happened.

Here's a good place to start: http://en.wikipedia.org/wiki/Liebeck...7s_Restaurants

Someone who increased the depth of their understanding of the facts after learning more than a few soundbites: http://www.motherjones.com/kevin-dru...stella-liebeck

And if I cut myself with a defective knife, for example the handle broke while I was using it, for sure I'd consider asking the company to reimburse me for my medical/ancillary expenses. You would too, unless you were so rich that paying for American-tyle medical costs was too trivial to concern yourself with.

BTW, here's what 190°F liquid can do to you in just a few seconds (Warning, NSFW, NSFL, not safe for squeemish):

https://www.google.com/search?q=stel...w=1280&bih=917

[DEFY]

Originally Posted by FrugalNinja250

You should probably review the facts in the case before making comments, that way you don't come across as, being so uninformed, in the future.

Most people's knowledge of the facts in this case are shaped more by what ideological media they prefer to expose themselves to than it is shaped by what actually happened.

Here's a good place to start: http://en.wikipedia.org/wiki/Liebeck...7s_Restaurants

Someone who increased the depth of their understanding of the facts after learning more than a few soundbites: http://www.motherjones.com/kevin-dru...stella-liebeck

And if I cut myself with a defective knife, for example the handle broke while I was using it, for sure I'd consider asking the company to reimburse me for my medical/ancillary expenses. You would too, unless you were so rich that paying for American-tyle medical costs was too trivial to concern yourself with.

BTW, here's what 190°F liquid can do to you in just a few seconds (Warning, NSFW, NSFL, not safe for squeemish):

https://www.google.com/search?q=stel...w=1280&bih=917

Right and the idea of sourcing wikipedia is held highly as a reputable source. It's all opinionated thus you, the judge and the people of the jury see it how they wish. Doesn't mean to some people it should be the way you wish it. Want to argue your point then do it but don't sit there and tell me to not post based on your perception of what you think I know.