It has to happen ( accident)

[tuxbailey]

One can only be lucky so far. Got hit this morning while riding. No need to go into details other than I am alive. Definitely the driver's fault and probably go into details after everything is settled.

Bike is totaled. The head tube of my Merlin Extralight was ripped off the frame. The bike probably saved my life.

Need advice on how to find a lawyer to protect myself. Any recommendations for DC/MD area? Since I am in the hospital for check up I assume ambulance chasers will contact me.

Any advice are appreciated.

Thanks,

Tux

[AngryScientist]

no advice, but sorry to hear tux.

not sure the extent of your injuries, but it sounds like you are relatively OK, and that's great. i am wishing you a speedy recovery from everything.

i know you loved that Merlin. i hope you wind up with enough $$ from this to go down to the barn and have TK build you a suitable replacement.

heal up!

[shovelhd]

Heal up, Tux. Let us know what size your Merlin was so that we can keep an eye out for you.

[oldpotatoe]

One can only be lucky so far. Got hit this morning while riding. No need to go into details other than I am alive. Definitely the driver's fault and probably go into details after everything is settled.

Bike is totaled. The head tube of my Merlin Extralight was ripped off the frame. The bike probably saved my life.

Need advice on how to find a lawyer to protect myself. Any recommendations for DC/MD area? Since I am in the hospital for check up I assume ambulance chasers will contact me.

Any advice are appreciated.

Thanks,

Tux

Record everything and ask around for a good attorney. Glad you are able to write the above post. It will seem like it will take years for all to be 'settled', both legally and physically, but patience, it will..It may take years but...Let your attorney do your talking for you with any insurance company.

Heal quickly, bikes are replaceable.

[weisan]

tux pal, glad you are ok, your new bike is ready to go:
http://forums.thepaceline.net/showthread.php?t=210348

[tuxbailey]

Thanks for the well wishes. Kind of sad looking at the 2 pieces of my bike next to me in the ER. Angry has the right idea though :)

I will say, old spud built some really strong wheels.

[oldpotatoe]

Thanks for the well wishes. Kind of sad looking at the 2 pieces of my bike next to me in the ER. Angry has the right idea though :)

I will say, old spud built some really strong wheels.

Good news, bad news..glad they were strong, too bad you had to have them tested like this..Heal quickly, get a good attorney, be patient, let the attorney do your talking..

[Fishbike]

Glad you are okay. At least new bike day is in your future.

Good lawyers won't contact you. And don't disparage them by calling them ambulance chasers. A good lawyer will piece together exactly why the driver was negligent and the magnitude and value of your damages, i.e. personal injury, lost of property, loss of wages, medical costs, etc. Ask for recommendations and make sure the lawyer seems knowledgeable and interested in your situation. Also, folllow through with all police reports and cooperate with any criminal investigation.

Best wishes, heal up, mourn the bike and start planning to get back on the road ASAP.

[tuxbailey]

Glad you are okay. At least new bike day is in your future.

Good lawyers won't contact you. And don't disparage them by calling them ambulance chasers. A good lawyer will piece together exactly why the driver was negligent and the magnitude and value of your damages, i.e. personal injury, lost of property, loss of wages, medical costs, etc. Ask for recommendations and make sure the lawyer seems knowledgeable and interested in your situation. Also, folllow through with all police reports and cooperate with any criminal investigation.

Best wishes, heal up, mourn the bike and start planning to get back on the road ASAP.

Thanks for the great advice.

[Phil Selisker]

Glad you are ok! I have a friend who is in the BikeLaw network here in North Carolina. After looking at the website https://www.bikelaw.com/ I see they are lawyers in Maryland. Might be worth a look. Take care.

[AngryScientist]

Glad you are okay. At least new bike day is in your future.

Good lawyers won't contact you. And don't disparage them by calling them ambulance chasers. A good lawyer will piece together exactly why the driver was negligent and the magnitude and value of your damages, i.e. personal injury, lost of property, loss of wages, medical costs, etc. Ask for recommendations and make sure the lawyer seems knowledgeable and interested in your situation. Also, folllow through with all police reports and cooperate with any criminal investigation.

Best wishes, heal up, mourn the bike and start planning to get back on the road ASAP.

that is good, logical advice.

[makoti]

Ed Weiner handled both mine. He won't take yours for two reasons, I think. 1) You're in MD. 2) We are too small potatoes for their firm these days. I got him starting out for the first & the second he did as a favor to an old client.
That said, I would trust him to give a refferal to someone in MD who may be able to help you. Not sure he can, but I would call & explain to the receptionist what you're looking for. You can mention that Ed did my two bike cases. Sam Bishop.
http://www.wsminjurylaw.com/
Track everything. Get bills for everything. Document dr visits, time off of work, any expenses you incur due to being injured. Discuss nothing with anyone until you talk to your guy/gal.

Oh, and you & your bike are two different issues. You will handle the bike, the lawyer will handle you. The bike is easy & you don't want to give 33-40% of it's value to them. A good lawyer should tell you that. Any questions, feel free to PM me. I am, sadly, very aware of what you'll need to do.

[tuxbailey]

Ed Weiner handled both mine. He won't take yours for two reasons, I think. 1) You're in MD. 2) We are too small potatoes for their firm these days. I got him starting out for the first & the second he did as a favor to an old client.
That said, I would trust him to give a refferal to someone in MD who may be able to help you. Not sure he can, but I would call & explain to the receptionist what you're looking for. You can mention that Ed did my two bike cases. Sam Bishop.
http://www.wsminjurylaw.com/
Track everything. Get bills for everything. Document dr visits, time off of work, any expenses you incur due to being injured. Discuss nothing with anyone until you talk to your guy/gal.

Thanks!

[znfdl]

Tux, sorry to hear about your accident.

You might want to contact WABA, as they might be able to give you some references.

www.waba.org

here is WABA's link to what to do after a crash:

http://www.waba.org/resources/what-to-do-after-a-crash/

[Tickdoc]

yeesh. Glad you survived and heal up well.

Now you get to start your "days since bike wreck" calendar back to 0 :banana:

[Birddog]

Don't let the hospital charge your insurance company, those charges will be discounted. The insurance co. that eventually settles with you will likely base their award for "pain and suffering" on a percentage of your medical bills. Legal counsel will likely tell you the same thing.

[chiasticon]

Heal quickly, bikes are replaceable.this. glad you're OK.

[Mzilliox]

duuuuude, no advice, but best wishes as you figure it all out

[William]

That sucks! Glad you are okay though. Wishing you a speedy recovery!





William

[zap]

Heal fast.

In addition to contacting WABA, you might want to contact someone at Potomac Pedalers or join the pedalers group https://groups.google.com/forum/#!forum/pedalers and ask for recommendations.

[Billybob62]

Need advice on how to find a lawyer to protect myself. Any recommendations for DC/MD area? Since I am in the hospital for check up I assume ambulance chasers will contact me.

Any advice are appreciated.


Tux

From the bikelaw network: https://www.bikelaw.com/state/maryland-bicycle-accident-lawyers/

Edit: I have a local attorney friend who is part of this network. This group was started by Bob Mionske (the guy who writes the legal articles in Velonews). All the attorneys in this network are highly regarded and VERY experienced in handling bike cases.

[thwart]

Best wishes for a speedy recovery headed your way.

[Seramount]

you have my sympathies...btdt twice in the last 18 months.

a cycling-specific attorney is a must, hope you find a good one. mine was excellent.

curious as to whether any citations were issued. wasn't a H/R was it...?

if so, at least some of your medical costs are probably covered by the uninsured motorist clause on your auto policy...without a lawyer, I wouldn't have known this and would have eaten over $50K in expenses.

[dbnm]

So glad you are okay.

As mentioned before, start writing everything down and taking photos of everything including documents that you might sign.

Make sure to photograph the bike, your helmet, scraps, clothes, everything.

And make sure to photograph the bumps and abrasions over the next week or so.

Record every pill you take. Every ache you feel.

Again, glad you are okay.

[tumbler]

Man, glad you made it out ok. Heal up.

[m_sasso]

Sadly most of us have been there, so stay strong and heal at your own pace.

In my situation I contacted all the local cycling advocacy organization and asked for recommendations or who they relied on. Gathered a group of names and made initial contact. Based on their response, picked what I viewed as the fittest three and met with them. From there chose the best working fit and went with an outstanding representative who in settlement attained everything I felt I was entitled to. It could be a long road, be patient and pace yourself for a long term engagement.

[redir]

Welcome to the club. Two times for me, the third is a charm. Glad to hear that you are still among the living. Good luck with your case and remember the Judge, The DA, The prosecutor, the jury, and even the bailiff, they all hate cyclists. So get a lawyer that specializes in our needs and is a cut throat.

[Peter P.]

From the bikelaw network: https://www.bikelaw.com/state/maryland-bicycle-accident-lawyers/

Edit: I have a local attorney friend who is part of this network. This group was started by Bob Mionske (the guy who writes the legal articles in Velonews). All the attorneys in this network are highly regarded and VERY experienced in handling bike cases.

I will second contacting Bob Mionske for a referral or using the bikelaw.com link above.

As an alternative, ask at your local bike shops for attorney referrals. Some attorneys are also cyclists, which is enough to make them understand.

As for unwanted advice, I suggest you DO NOTHING with your damaged equipment and clothing. Save it ALL for possible examination by the insurance adjuster. If you can afford it, you can replace your damaged bike now. It's tempting to take any insurance windfall and buy an upgraded bike, but often you'll find the eventual maintenance/repair part pricing to be onerous, so choose wisely when replacing the damaged bike.

I've been hit three times; nothing surprises me.

[kppolich]

x3 For BikeLaw. They are a good group and have people iN DC/MD too.

[azrider]

Was officer called to scene? Was the drive cited? Record and document every single thing that happens from here on out. Once you are out of the ER, be sure to contact specialist for each area of concern (i.e. hand hurts -see hand doc, shoulder injury- see shoulder doc, concussion- see neurologist) etc.

His/Her insurance company could potentially find out first and may try and contact you. If they do, politely defer to your attorney and give them their contact info.

Start excel spreadsheet of every single thing that was damaged/destroyed and list SRP price.

Reimbursement for items damaged/destroyed in the accident will be settled fairly quickly (within month or two) but for injuries and settlement with insurance company for all other things will get drawn out and take a looooong time. It's better to set that expectation up front than to expect things to be handled quickly.

Most important thing for you to do is get your body, your bike, your life back to the way it was the split second before you got hit.

But sooner you get an attorney the better. I lucked out and got one who is cyclist and specializes in these types of accidents

Lastly, I'd not talk about this anymore on any sort of social media outlet. It's crazy what steps insurance companies take these days to avoid paying anything out.

Ask me how I know.

Rest up.

[tuxbailey]

Thanks again for the advice and well wishes.

Officer was on scene and wrote up report. Driver stayed as well as joggers around. I will share my experience once I am done with insurance. i did retain a lawyer already and he was able to give me advice before the driver's insurance called. Otherwise my clouded mind could have done something really stupid.

I do have a back up bike to ride if I have the guts to do so, once I feel better. But we can't live in fear, can we? Just need to be more vigilant.

[donevwil]

I hope you heal quickly, in every respect. Physically I healed enough to ride again in about six weeks. Mentally, going on 16-1/2 years now, not so much. No amount of mirrors, lights and cameras keep me from getting nauseous when I read or hear of events like this.

[Tony]

[QUOTE=tuxbailey;2249464]Thanks again for the advice and well wishes.

Officer was on scene and wrote up report. Driver stayed as well as joggers around. I will share my experience once I am done with insurance. i did retain a lawyer already and he was able to give me advice before the driver's insurance called. Otherwise my clouded mind could have done something really stupid.

I do have a back up bike to ride if I have the guts to do so, once I feel better. But we can't live in fear, can we? Just need to be more vigilant.

We all need to be more vigilant.
I would not talk further about this here, enough said.
Hope you heal up quickly tuxbailey.

[old fat man]

You've probably been told already, this won't be resolved quickly. 12 months or more is normal. My lawyers don't take any percentage for the equipment replacement costs. They are only receiving percentage on the personal injury part.

[pjbaz]

All the previous advice was great, reread it if you need to!

I was wicked lucky in '03 and things were settled fairly quickly all things considered but my lawyer (friend) handled it perfectly as his day job was doing the exact same thing from the insurance side lol. With a more experienced person on the driver's insurance side and it could have been handled in one 5 minute call. Alas, it took a few months ... prepare to wait.

Rest and recover. You'll get back on the bike when you're ready.

[marciero]

Get well. Sounds like you've gotten and heeded some good advice here. I've been hit and knocked off the bike twice. I'd like to think this lessens the likelihood I'll be hit again, but of course it doesn't work that way.

[ultraman6970]

Get well soon.

[93KgBike]

Really impressive, the quality of the responses you've gotten here. Bravo Paceliners. :banana: And I also hope you fell better soon. Have had the same happen to me, more than once, unfortunately.:mad:

I would just add, on two occasions I was riding highly modified bikes and kit, so dropped off my whole set-ups at my LBS and had them write a formal repair/replace ticket part-by-part (clothing, lights, helmet shoes/cleats etc.) at MSRP.

Good luck

[zzy]

I am in the final stage of this process right now. Tho my case was seriously bad and required painful surgery. The insurance will drag this out as long as they can and hope you or your lawyer slips up so they can deny you. Also, some lawyers will work on spec (and take a % of the settlement) or you can hire them hourly. It's very good that you got a police report - that is the key.

The first and most important thing is to document everything. Ever penny you spent, time spend doing it, damage to every last thing (bike/kit/body/etc). Your LBS can give you a quote for damages. Write down as much as you recall about the accident now. You will have to do a deposition later with lawyers present and the more clearly you remember things the better. Obviously do not ever speak to the driver's insurance company and make sure they get all the paperwork and bills. Don't let them try to stick you with any bills unless your lawyer agrees. Just remember this will get dragged out until they'll be forced to either settle or go to trail. Don't be surprised if you even have to go thru a jury selection process, only to settle on the court steps the day of the trail.

[soulspinner]

heal up and start riding mtb first? glad you are still here.

[disspence]

I was hit in May by a driver. Had a police report. Maybe my experience will be helpful for you...

The driver's insurance company contacted me immediately. They covered all medical expenses. Then they said the bike was totaled, and asked for me to send a price to replace the bike, i did and they wrote me a check.

Then there was an insurance representative covering the "injury" part who contacted me to see the extent of the injuries, and kept track how I was recovering. Luckily, i wasn't badly injured so i didn't think about contacting a lawyer. After, i visited PT the final time and got a "good to go" from the doctor, the insurance representative contacted me and offered me a settlement of $4K.

I never asked for this, didn't expect it, and didn't try to negotiate more. So depending on what you're aiming for maybe you don't need to find a lawyer.

glad that you made it out alive.

[beeatnik]

The above is not the norm.

Contact Seth Davidson. He's written a ton on the subject and may be able to refer you to the best bike guy in your area.

Heal up.

https://www.facebook.com/sethlegal/

[makoti]

I was hit in May by a driver. Had a police report. Maybe my experience will be helpful for you...

The driver's insurance company contacted me immediately. They covered all medical expenses. Then they said the bike was totaled, and asked for me to send a price to replace the bike, i did and they wrote me a check.

Then there was an insurance representative covering the "injury" part who contacted me to see the extent of the injuries, and kept track how I was recovering. Luckily, i wasn't badly injured so i didn't think about contacting a lawyer. After, i visited PT the final time and got a "good to go" from the doctor, the insurance representative contacted me and offered me a settlement of $4K.

I never asked for this, didn't expect it, and didn't try to negotiate more. So depending on what you're aiming for maybe you don't need to find a lawyer.

glad that you made it out alive.

You were very lucky. I'll assume that $4k covered any time you lost from work, all expenses, and anything else you incurred. I'll also have to assume that you didn't spend any time in the ER after the accident, because $4k isn't going to cover much.
I would still suggest that the OP does not talk to the ins co until he has a lawyer. THere's way more to it than you think. CAN you do it yourself? Sure. SHOULD you? Having done two, I'd say no. You're experience was very much out of the norm.

[EliteVelo]

Very sorry to hear. Prayers for a speedy recovery.

[Jaybee]

You were very lucky. I'll assume that $4k covered any time you lost from work, all expenses, and anything else you incurred. I'll also have to assume that you didn't spend any time in the ER after the accident, because $4k isn't going to cover much.
I would still suggest that the OP does not talk to the ins co until he has a lawyer. THere's way more to it than you think. CAN you do it yourself? Sure. SHOULD you? Having done two, I'd say no. You're experience was very much out of the norm.

I'm not saying that disspence got screwed by that insurance company, but I assure you that their proactive stance was not out of the goodness of their hearts. There is some emotional value in taking care of things quickly and moving on with your life, but I would second makoti's advice.

[disspence]

I was just sharing as this was a recent development. Of course, if an insurance company offers up $4K I could have gotten more with a lawyer. I came out relatively unscathed from the accident, and was never thinking of a settlement nor did I want to spend time and effort on a legal case.

I posted my experience because if OP has a similar feeling then maybe he would be interested in knowing that to reach a settlement doesnt always require a lawyer.

[rwsaunders]

One of our employees was struck riding home from work three weeks ago. He was starting to play the role of Mr. Nice Guy in terms of listening to the driver's request to keep the accident off the books, etc. When I found out about the accident, I called him and told him to politely stop all communication with the driver and to let a professional take over the resolution of the issue.

He did listen and I received a call from him today thanking me for the advice as the driver all of sudden developed "amnesia" after her Dad found out the cost of a new bike. When informed that there were three witnesses and a police report, the Dad went somewhat ballistic, even threatening to "finish" the damage to the bike and to the cyclist.

Glad to see that you're well enough to share your story...be safe and make sure that there are no internal injuries or lingering TBI.

[oldpotatoe]

I was just sharing as this was a recent development. Of course, if an insurance company offers up $4K I could have gotten more with a lawyer. I came out relatively unscathed from the accident, and was never thinking of a settlement nor did I want to spend time and effort on a legal case.

I posted my experience because if OP has a similar feeling then maybe he would be interested in knowing that to reach a settlement doesnt always require a lawyer.

Not trying to argue and I am glad you are satisfied with your outcome but the insurance company cares about one thing only, saving $. Nothing more. The quicker and cheaper they can resolve these things the better...for THEM. Even if NOT ultimately using an attorney, I would still talk to one before talking to any insurance adjuster from the driver.

From my experience after getting nailed by a PU truck while riding...

YMMV and all that.

[Seramount]

I was hit in May by a driver. Had a police report. Maybe my experience will be helpful for you...

The driver's insurance company contacted me immediately. They covered all medical expenses. Then they said the bike was totaled, and asked for me to send a price to replace the bike, i did and they wrote me a check.

Then there was an insurance representative covering the "injury" part who contacted me to see the extent of the injuries, and kept track how I was recovering. Luckily, i wasn't badly injured so i didn't think about contacting a lawyer. After, i visited PT the final time and got a "good to go" from the doctor, the insurance representative contacted me and offered me a settlement of $4K.

I never asked for this, didn't expect it, and didn't try to negotiate more. So depending on what you're aiming for maybe you don't need to find a lawyer.



your injuries must have been extremely minimal. $4K is a paltry sum.

as another poster noted, did this amount cover time away from work, Rx, pain/suffering? am guessing you left a bit of coin on the table by accepting their first offer.

my EMS bill was $1.5K, overnite stay in the ER was ~$20K, thumb surgery was $4.5K, then there were orthopedist consultations, PT, chiro, massage, multiple x-rays, MRIs, Rx, etc.

since it was a H/R, the uninsured motorist clause on my auto policy paid the full coverage amount ($52K,). it did not pay for any property damages however, which were ~$2.5K.

most ins companies don't give a whit about the property claim aspect, they want to make sure they're not on the hook for long-term medical care and potential disability which can run into big money in some cases.

I kept comprehensive records of everything related to the accident...the stack of paperwork was impressive. my attorney was on top of everything which was no small feat...he discovered that the EMS bill was paid twice, I would have never detected that.

and to make things even messier, my personal medical insurance carrier changed in the middle of things and greatly complicated the billing process...my lawyer showed me his list of contacts (phone, letter, email) made during my case, it was multiple pages long. that's all time and effort I didn't have to expend.

long story short, the 33% fee for legal representation was worth every penny.