T-boned a Bicyclist

[nycsteve]

First of all, I'd like to say, F#*$ this section of the forums!

So, on Tuesday morning I was headed to work early in the morning. On my way over, a bicyclist decides to play Frogger, and darts out right in front of me without looking. I was traveling around 25mph, which was traffic speed, with a car or two right behind me.

Now, she darted out only a few feet right in front of me and all I could see was how my bike was headed straight for her leg. I had maybe a fraction of a second to swerve around her, or at least, her leg. My one and only thought that popped in my head was to try not to hit her directly. I slightly swerved right last minute and plowed right into the bike. I lowsided on my right, and was pulled by the 250 a few feet and rolled around, leg/ankle was kind of trapped underneath for a small bit.

As I lay on the ground for a few moments trying to make sure all my extremities were still working, the driver of the car behind me rushed over to me and made sure I didn't try to get up. Another by-stander stood with me and made the 911 call while making sure I was still conscious. All I was thinking about, was how the hell could she just do that. I started blurting out on how retarded of a move that was of her to do and all that good stuff. The driver was agreeing with me, as I tried to get up but couldn't. Had a hard time even rolling around to my back. Then adrenaline kicked in; I got up off the ground and limped over to make sure she was okay. She was sitting up, with helmet in hand. I limped towards my bike and pulled my tank bag to grab my cell phone. Collapsed as I got towards the sidewalk. Just felt drained and dizzy as I was walking. Then pain set in.

Thankfully, I'm always ATGATT. I had on a Mesh S&S Jacket, Icon Textile Overpants, full gauntlet A* SP2 gloves, an Icon Stryker Vest and A* SMX Plus Boots to go along with my Bell Vortex helmet.

I believe she was carted off on a stretcher in an ambulance, as was I. It took a while for the responders (cops, firemen and eventually EMTs) to take most of my gear off before I even got put on the stretcher. All x-rays and scans came back negative. Even had an ultrasound!

While at the scene, the driver said he would stay to give the LEO's his eyewitness testimony. I'm not worrying about what he said because I know what happened. So if he tells the LEO's what he saw, I have no problem. I do believe the report is ready, so I'm either going to get it or just let insurance handle it. Also, I'm not sure If I should speak to a lawyer. The Bicyclist doesn't have any insurance at all!

Now, at the hospital, we were both placed in the Trauma Center right next to one another. I didn't speak to her as I was pretty upset, but I heard her speaking to the doctor's, nurses and her friends. She said she looked both ways before crossing and that she didn't see me or where I came from!

Anyway, I was able to leave the hospital a few hours later. I still have a sore right side; Shoulder is a bit tight still and very sore. Ankle, knee and thigh are sore as well. I'm still limping and what not. My neck is sore and I have some trouble turning my head.

I called my insurance company and am still following up with them. They are going to take a look at the bike and what not sometime either today or tomorrow I believe. I had full coverage besides medical, which I still don't know how or why I didn't get it. I'm not worried much because I do have Health Insurance.

The bike's front end is pretty trashed. Left front took most of the damage. The gauge cluster is all pushed in and pretty beat up. Front left cowling is barely there. Bike slid on the right and all it has are scrapes and a broken rearset. Turn signals look trashed. I think it might be a total loss.

The whole thing is mostly upsetting because I just got back from doing Level 1 of the California Superbike School! I even traveled the night before that (Sunday) in a thunder/lightning downpour! To think that I did all that with zero problems, then comeback home and crash while going straight and slow seems so dumb.

Tips/advice/comments are welcomed.

Main Concern: Should I speak to a lawyer just in case? Maybe getting a free consultation to see what they can and can't do for me seems like a pretty smart thing to do as I haven't been back to work.

[nickjpass]

I am sorry to hear about your Incident! Heal up and get back out there!!

[nycsteve]

Thanks Nick! That is the plan.

[csmith12]

Just sore and no boo boo's is good! Gear FTW!

Did EMS cut any of your gear off you? Check your policy to see if it covers all, part or none of your gear.

This is where underinsured coverage shines.

In this case, I fear fault is gunna be a tough one. Have video? Are cyclists treated as pedestrians?

[Panda]

Dude WTF....glad you are ok.

You should definitely speak to a lawyer just to make sure or your rights. I'd do a free consultation. If she is a home owner her home owners insurance might cover her.

[CC Cowboy]

Was she cute?

[csmith12]

Originally Posted by CC Cowboy

Was she cute?

+1 hahahahahah

And did she break her head adorned foam icechest?

[Toly]

Def talk to a lawyer. Make sure she can't sue your arse.

[fry1024]

Try LawTigers. They specialize in motorcycle accidents. Heal up fast and good luck w/ the insurance co.

[miss_syn]

That sucks. I know I've been close to hitting bicyclists who fly through intersections without looking. Hope you heal up okay.

[Panda]

Whatever you do, don't use that lawyer d-bag on TV that says "did you know even if you don't have a motorcycle license or insurance you still might be able to sue?"

I hate that guy.

[250rr]

Sorry to hear this. I live in a city that worships bicycles. The problem is that sometimes this engenders a feeling of superiority in their heads. Which makes some of them act like they have this force-field around them, physics be damned.

[JohnnyBravo]

Talk to a lawyer, wrecks suck! Glad it wasn't worse

[dave42]

Yeah definitely glad it wasn't worse for you and the idiot that hopped out in front of you. We have a lot of bicyclists around here too and I always slow down when I spot one.

Was there any way for you to have spotted her before getting within the moron-doing-something-stupid range? As in could you have looked over other obstacles in the way and saw there was some potential trouble coming your way?

[rasta]

Glad you're okay, and by the sounds it, you should be alright financially and physically. Just remember that scanning the environment includes bicyclists. They're unpredictable. What I dislike about bikers is they expect to be treated like every other vehicle on the road, yet many don't follow rules of the road (ex. signaling turns). I've even seen numerous bikers not stop at stop signs.

[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.

Bottom line, if you weren't at fault, the police report confirms that, and you have a witness or two that is helpful enough to corroborate that multiple times over the next few months, you might turn out to be a-ok. Your insurance is your first line of defense in this. You can certainly get another lawyer in addition or instead, but that's not something you need to run out and do now. Your insurance will be going after the girl if your injuries are costing them money, and their interests and yours coincide.

[Alex]

Originally Posted by nycsteve

First of all, I'd like to say, F#*$ this section of the forums!

Agreed. Make sure to visit this sticky thread and answer the poll. It's good data for newbies and the rest of us to understand some of the risks we face.

[Motofool]

Originally Posted by nycsteve

.............Thankfully, I'm always ATGATT. I had on a Mesh S&S Jacket, Icon Textile Overpants, full gauntlet A* SP2 gloves, an Icon Stryker Vest and A* SMX Plus Boots to go along with my Bell Vortex helmet.

Very sorry to read about your accident, Steve

[Jiggles]

Lawyer

And more importantly, was she hawt?

[7oxSin]

no worries man, its great that both of you are ok, plus you didnt even make it onto the score board.



but hitting a bicyclist is worth like 10,000 points. if there was a old lady on the bike you would have gotten at least 3rd place.

[Bentley813]

Glad you are unscathed. Time for a 300.

[alex.s]

some drunk ****er on a bike tried this on me just the other day. when i saw him dart out without the slightest hint of a look, i accidentally locked up the front first on impulse (cold road and tires- i gave it a solid hot tire pull), quickly gave up on the brakes realizing how cold the road and tires were and threw it to the left. just barely missed the asshole. would have been a painful one hitting him. i was doing at least 40. good luck. **** inattentive bicyclists.

[dfox]

bicyclists be crazy. I like riding a bicycle from time to time, but some just do stupid stuff.

glad you're alright.

on the road, a bicyclist riding is typically treated as a vehicle, so if they were actually playing frogger, they're in the wrong.

[Trubin]

Dang man, and all those bicyclists tend to run red lights in the end. I almost hit a crazed one with a friend on a SUV the cyclist he even chased us down and tried to knock off a mirror. When he missed I grabbed a coffee cup half full and threw it at him. They need to respect the road just because they are on a bicycle don't mean they are pedestrians.

Glad you're ok though.

[Alex]

Originally Posted by Trubin

When he missed I grabbed a coffee cup half full and threw it at him.

No judgement - but that's a felony at least here in California. If he got your friend's plate and followed up with enough evidence to have an officer / prosecutor interested, things could get uglier than you'd ever expect.

[Driddle]

Sorry to hear about your crash mate.
I hope the insurance takes your side, or that is not going to be very pretty.
Good luck, and recover quick!

[tc.young]

while we're only hearing one side of the story, i do find bicyclist here in nyc crazy. i bicycle to work but i only stick to those nice new fancy bicycles bloomberg spent all our tax money building.

hope the girl is alright and glad your alright.

and talk to a lawyer, regardless. you need to protect yourself first.

[nycsteve]

Thank you all for the well wishes and info. Lot's of great tips/comments/info!

Minor Update: I called a lawyer for a free consultation. He agreed with Alex in that there was no need to get a lawyer at this point. He talked about how the insurance should and would handle it. If I'm not pleased, then I can go ahead and call back to see what are my right/options at that point. I think I'll call a few more firms just to be on the safe side.

The police report will be ready for pickup tomorrow, so I think I'll just go ahead and grab a copy for myself. I really want to know what they have decided and if there were any other witnesses besides the guy behind me who promised me he'll stay and be a witness for me.

I'll try to respond later to individual responses as I'm trying to keep myself busy while staying home from work.

[Panda]

Originally Posted by Alex

No judgement - but that's a felony at least here in California. If he got your friend's plate and followed up with enough evidence to have an officer / prosecutor interested, things could get uglier than you'd ever expect.

I think the charge is something ridiculous like "using a missile" to attack somebody.

[rasta]

Originally Posted by Panda

I think the charge is something ridiculous like "using a missile" to attack somebody.

Lol. I try to **** with your car, but miss cause I suck, and you throw a cup of coffee at me. I'm suing you!!!!

'merica #1!!

[alex.s]

Originally Posted by rasta

Lol. I try to **** with your car, but miss cause I suck, and you throw a cup of coffee at me. I'm suing you!!!!

'merica #1!!

you forgot a step...


step 1) SUV drives like a retard almost hits bicyclist without even realizing what is happening.
step 2) bicyclist tries to get revenge at the stop light
step 3) SUV gets pissy because some random bicyclist just tried to hit their car for "LITERALLY NO REASON!"
step 4) SUV throws hot coffee on the bicyclist
step 5) ...
step 6) PROFIT!

[KawiKid860]

Hey man just a little info for you, when I was 15 I did a similar thing as the bicyclist. I looked both ways and "didn't see anybody" So I crossed, at a cross walk because it was taking forever to give me the light and I was a dumb impatient kid. Needless to say there was in fact someone coming and I got slammed by a minivan going 30-40 mph. Long story short I was rushed to the hospital and ended up with zero injuries other than being bruised and sore to the point of barely being able to move and some road rash from being thrown a good 30 feet through the air. Probably the luckiest thing of my life lol.

In the end it was legally my fault, so this bicyclist should be at fault legally too since it's a very similar scenario and she wasn't even at a cross walk.

[JohnnyBravo]

Originally Posted by KawiKid860

Hey man just a little info for you, when I was 15 I did a similar thing as the bicyclist. I looked both ways and "didn't see anybody" So I crossed, at a cross walk because it was taking forever to give me the light and I was a dumb impatient kid. Needless to say there was in fact someone coming and I got slammed by a minivan going 30-40 mph. Long story short I was rushed to the hospital and ended up with zero injuries other than being bruised and sore to the point of barely being able to move and some road rash from being thrown a good 30 feet through the air. Probably the luckiest thing of my life lol.

In the end it was legally my fault, so this bicyclist should be at fault legally too since it's a very similar scenario and she wasn't even at a cross walk.

You have the bestest stories... I hope all true. Pics or it didn't happen

[c-dog]

I read the title of this thread and remembered watching this. Looks painful as hell for the bicyclist. Hope all works out for you. And I hope the bicyclist isn't hurt too bad, no matter who's fault it is. Sounds like you are ok right?

Link to original page on YouTube.

[choneofakind]

learned a few things here.

1) Glad you're okay Steve!! . Glad you're thinking things through to get yourself protected legally if need be. It would be silly to see an accident like this come back to bite you.

2) Big Alex always knows his sh!t when it comes to motorcycling/bicycling/road law

3) If this thread is representative of all road users, it's a damn good thing my head is on a swivel when I push the pedals. Let's remember that no matter the vehicle, we all have the right to use the tarmac, yet none of us have the right to rage at other vehicles. Too many people get so angry at everyone when they drive/ride/pedal/run that they become thoughtless rage machines. This happens at every level, on every vehicle. Be calm when you drive people!

As I always make a point to say in these threads, use all your mistakes as learning experiences.
Question:
So, what can we all learn from this experience?

Answer:
Expect all road users to act in a way that doesn't make sense and be ready to get defensive quickly. Steve and his (cute? not sure that was answered, lol) tango partner seem to be not permanently injured, but that's not always the case for accidents like this. Whether you like them or not, watch for bicyclists, pedestrians, kids, etc on top of watching the crazy traffic. We cannot make generalizations about any vehicle specifically except that they're all guilty of being piloted by crazy humans who do stupid and unpredictable things on the road.

TL;DR, Ride aware and ditch the tunnel vision; there's more than just cars to watch for. That's the same reason cars 'don't see' motorcyclists. They were looking for other cars, not bikes.

[7oxSin]

any news on what the police ruled?

[rojoracing53]

Efing cyclist who don't ride like me(passing motorcycles) don't belong on the road Period

[KawiKid860]

Originally Posted by JohnnyBravo

You have the bestest stories... I hope all true. Pics or it didn't happen

Oh man I could probably find the newspaper bit somewhere but I'm too lazy. I'm too lazy to get the pics for the other thread too lol.

[JohnnyBravo]

Originally Posted by KawiKid860

Oh man I could probably find the newspaper bit somewhere but I'm too lazy. I'm too lazy to get the pics for the other thread too lol.

Haha... No doubt

[rasta]

Originally Posted by KawiKid860

Hey man just a little info for you, when I was 15 I did a similar thing as the bicyclist. I looked both ways and "didn't see anybody" So I crossed, at a cross walk because it was taking forever to give me the light and I was a dumb impatient kid. Needless to say there was in fact someone coming and I got slammed by a minivan going 30-40 mph. Long story short I was rushed to the hospital and ended up with zero injuries other than being bruised and sore to the point of barely being able to move and some road rash from being thrown a good 30 feet through the air. Probably the luckiest thing of my life lol.

In the end it was legally my fault, so this bicyclist should be at fault legally too since it's a very similar scenario and she wasn't even at a cross walk.

How could you not see a minivan?