The ordeal is finally over (long update from my accident last year.)

[tuxbailey]

My apologies for the novel, but it feels good to be able to discuss this with other cyclists.

This is a follow up to this post: https://forums.thepaceline.net/showthread.php?t=212280

Just got off the phone with my lawyer regarding the case and as it has come to conclusion. As such, my social media and internet gag order is lifted, and I can discuss what happened overall (sans identifying details.) I learned some lessons regarding handling bike accidents and hope that this would be good information for some.

Please avoid the next section if graphic description of a bike accident would ruin riding for you.

*******
The accident: it happened in October 2017, at around 6 AM. It was dark in the morning, but I was prepared (so I thought.) I had a 1000 lumens headlight, Superflash tail light, bright yellow Gore Phantom jacket with reflective stripes, neon yellow Pearl Izumi full finger gloves with reflective strips as well as Gore booties with reflective stripes as well.

I started my ride from my office to bike about 2 miles on the road to the local bike trails, then I would bike about 20 miles for exercise. The road has marked bike lanes. I reached the first stop light (red) and waited about two minutes for green (no cars around and I could have run the light and the accident would not have happened.) I continued riding on the bike lane. I rode around a bend and suddenly a set of headlights appeared on my left side. I instinctively knew I was going to be hit and my only thought at that moment was that: “This is it, this is the end. I am not going to see my family again.”

I heard a very loud bang next and I was ejected. I couldn’t see anything, but I felt that I was tumbling in the air. Then I landed on the ground on my right side facing away from the car. I was stunned for a second, then I couldn’t control myself and I started screaming incoherently. The car stopped, and the driver got out to check on me. She was apologizing, saying that she didn’t see me. I just kept screaming saying things like, “Why did you hit me?” “Why didn’t you see me? I had a very bright light!”

My whole body could not move as I was in shock and I literally thought I was paralyzed. Morning joggers started to gather around, and someone help called the police. The driver tried to help me by comforting me as well as getting a towel from the car to prop my head up. The police, ambulance and fire truck came soon. EMTs checked on me and then eventually my body started to recover, and I was able to stand up with help. EMT help me onto the ambulance and I didn’t even get a chance to look for my bike. But I did see that the car that hit me was an Audi SUV (it was a Q3 from the police report.) They did a check up to make sure no major bones were broken and that I didn’t suffered a concussion. The EMT mentioned that it was one of the worse bike destruction they have seen. A police officer soon came in and took my information and he also mention that the bike light is still on and it was bright. He said that he would bring the bike to the hospital.

I was hit because the bike lane cross over a parking garage entrance and I was literally broad sided by the car making a left turn into the garage.

Long story short at hospital is that X-Rays showed no damage. Police officer came for a more detailed interview. I picked up the police report couple weeks later and fault was attributed to the driver.

While I was waiting for my coworker to pick me up the driver called, and I just said that it was lucky for her and me that I am alive.

My wife and my sister came and pick me up and I went home, and I found a lawyer based on advices here and my sister.

*******

I got home and checked my bike. The damage is as follow:
- Top tube and downtube exploded at the butted point.
- Left brifter destroyed. I was riding on the bar so that was lucky, else my hand would have been destroyed.
- Left crank is bent and it hit and dented the chain stay.
- The headset is completely loosened and the head tube/fork seized at 90 degrees.
- Saddle scruffed.
- Surprisingly my wheels were not bent and they are straight as far as I could tell. No hops, etc. Oldpotatoes built those wheels… I plan to ride them again since they are 11-sp compatible (Record hubs.)
- My right glove seams were ripped at the thumb/index bend (Thenar Space?) I guess I was grabbing the bar tight and it ripped when I was ejected.
- My helmet has a small scratch on the outer shell but the inner stabilizing straps where broken. I firmly believe that if I were not wearing my helmet I would have suffered a bad concussion, if not severe head injuries as my head was slammed on the side to the ground.

Based on the damage on the bike as well as bruises on my body, I was hit in the hip, and the left brifter. The car may or may not have hit my foot, or the pedal might had hit the ground on its way down.

Pictures:

https://tuxbailey.zenfolio.com/img/s/v-2/p2575381326-5.jpg

https://tuxbailey.zenfolio.com/img/s/v-2/p2575377955-5.jpg

https://tuxbailey.zenfolio.com/img/s/v-2/p2594781889-5.jpg


I went to my doctor next day for a checkup (in much more pain and soreness since the adrenaline wore off,) then the orthopedic the following day. Started physical therapy the following week. But my left hand continued to be in pain and had no power (I can’t open a bag of chips or a zip bag with my hands.) Discussed with the orthopedic and I got an MRI. Turned out that I do have a micro-fracture on my wrist. As a result, I was put in a removable cast for couple months until it healed. It took a long while to feel 100% even after PT as I could feel pain in my hand (might be a phantom pain.) The broken wrist injury seemed minor within the scope, but it complicated daily life a lot. Luckily, I am 100% recovered physically now.

To the legal matters, I retained a lawyer before the driver’s insurance company called. So, I did not have to talk to any insurance adjuster through the whole ordeal. My health insurance is HSA, which means that I have a high deductible and I would have had to pay to ER/ambulance ride fee out of pocket first (until the insurance pays for it when the case settles.) Luckily, I have uninsured motorist coverage and that covered that expense. Edit: It was PIP (Personal Injury Protection,) not uninsured motorist coverage that paid for this.

The property damage claimed was paid out 3 weeks after the accident. I took the bike to the LBS for an estimate and they just quoted the original MSRP of the 2005 Merlin Extralight from bikpedia plus accessories.

After my recovery is completed and all medical appointments were completed, my lawyer started to build my case and opened the case with the driver’s insurance company. After some back and forth they eventually come to the agreement to payout the driver’s maximum liability, which was actually very low. For reference, the liability in my own policy is 10x that amount. My lawyer believed that was low for my case but before we decide whether to pursue the driver (her insurance company’s liability is exhausted) my lawyer suggested we discuss with my own insurance company as I have under-insured coverage as well. After some back and forth my insurance company agreed to match the amount from the driver’s insurance company.

My lawyer suggested that it was a fair amount considering that I don’t have a permanent injury, that I don’t have to go to court and be in disposition, etc. I agreed since I initially just wanted to have medical bills and replacement bike paid, plus some for pain and suffering. I don’t think that I could have gotten anything close to the current result if I decide to handle this on my own.

Lessons learned:
- Be careful. But no matter how much you prepared accidents could still happened. My wife didn’t say that I can’t bike on the road, but she did ask me to not bike on the road in the dark. So now if I want to bike in the morning, I drive my bike to the trail head and bike on MUP instead.
- I got the Fly6 and Fly12 as I want cameras front and back. If I end up in the same situation again at least the video footage will make my case easier.
- Have adequate insurance. Both uninsured/underinsured motorist and PIP coverage played significantly in my situation. My original PIP coverage was only $2,500 and my lawyer suggested that I raised it to the max, which was only $5,000 with my insurance company. They are inexpensive in addition to your policy. One of my coworker got hit also and the driver turned out to have expired insurance, but the PIP coverage helped paid his medical bills at least.
- In cases like these, never talk to an insurance adjuster until you have a chance to discuss with a lawyer, at least do an initial free consultation to evaluate options.
- Per my lawyer's suggestion, I started writing a journal after the accident to record the recovery as well as how the accident had impacted me on a daily basis.

If you have read until this point, thank you for the patience. Be safe and enjoy the ride. It took me a few months before I could ride on the bike again and another few months before I could ride on the road and share with cars, but you got to keep riding (and make sure your will is up to date.)

My lawyer was very helpful and I literally didn't have to do much, except gathering explanation of benefits from my health insurance website as well getting loss wage form from my work's HR, getting some reports from the hospital and the police station, plus writing the journal. If anyone needs a lawyer in MD, let me know and I can forward his information.

[gasman]

Wow, glad you are okay . I always feel like my bright lights make me visible enough to not worry , guess that’s wrong.
Having a good insurance company and good coverage is so important. What company do you use , if don’t mind me asking ? So many friends have had to fight with their own companies to get covered.

[donevwil]

Thank so much for posting this, it's not often we get to hear or read follow-up details so detailed. It's hard to look at your bike and believe you came our relatively unscathed physically.

Did you ever receive an explanation as to what was really up with the driver? "Didn't see you" sounds like an excuse for being distracted.

Best of luck shaking the fear bugs out of your head while on the bike, that was the hardest part for me. Took years and I still have moments when I just have to return home and put the bike away.

[tuxbailey]

Wow, glad you are okay . I always feel like my bright lights make me visible enough to not worry , guess that’s wrong.
Having a good insurance company and good coverage is so important. What company do you use , if don’t mind me asking ? So many friends have had to fight with their own companies to get covered.

I was told not to put any identifying details of the case but it is one of the big, national companies. Although I think having a competent lawyer makes a huge difference if they know you have capable counsel behind your case.

Although my lawyer did mention that if you can afford it, go with chubbs.

[tuxbailey]

Thank so much for posting this, it's not often we get to hear or read follow-up details so detailed. It's hard to look at your bike and believe you came our relatively unscathed physically.

Did you ever receive an explanation as to what was really up with the driver? "Didn't see you" sounds like an excuse for being distracted.

Best of luck shaking the fear bugs out of your head while on the bike, that was the hardest part for me. Took years and I still have moments when I just have to return home and put the bike away.


I didn't really follow up with her as that would not have been beneficial for my case. I guess if I ended up suing her then more would have come out.

I worry when I am on the ride too but it is one of the few sport activities that I truly enjoy, so I don't want to succumb to the fear. Best of luck to you as well.

[biker72]

Thanks for posting. From those photos I thought you would have some major permanent body damage.

Glad to hear you're riding again.

[merckx]

Happy to hear that you are recovering well, and that the incident is behind you. The fact of the matter is, cyclists are now invisible in daylight let alone in darkness despite our best efforts to employ proper lighting and reflection. It has become very disturbing that our safety is in the hands of distracted motor vehicle operators.

[tuxbailey]

Thanks for posting. From those photos I thought you would have some major permanent body damage.

Glad to hear you're riding again.

That has been the general reaction from anyone who had seen the pictures.

An advantage of being a clyde. I can claim that I got hit by a truck and walked away from it.

[pdmtong]

I was hit because the bike lane cross over a parking garage entrance and I was literally broad sided by the car making a left turn into the garage.

Thanks for posting the detail you could share and happy you are ok

The scenario you describe has happened more than a few times along a route I ride often, one incident resulting in the death of the rider. This is why more people are using head lights to stand out, even in the daytime. When I was commuting I used two front lights - one flashing one steady.

I do not know what else you could have done to be seen. So don't look back and question that.

As for the driver, who knows why she didn't see you but. Whether she is negligent or an idiot or both it's another reminder we all need to do our best to ride visibly and defensively.

[pdmtong]

That has been the general reaction from anyone who had seen the pictures.

An advantage of being a clyde. I can claim that I got hit by a truck and walked away from it.

agreed...seeing that I thought you would be really badly hurt.

practice saying "think that's bad? well, you should see what the other guy looks like"

[tuxbailey]

agreed...seeing that I thought you would be really badly hurt.

practice saying "think that's bad? well, you should see what the other guy looks like"

That was literally a discussion I had with my coworker. I enjoy skiing and he was not, thinking it was dangerous and can ruin knees, etc. I said I skied and it had been fine for 20 years.

He said that "well, you get hit by a truck and is still ok."

[makoti]

Glad you made it through. I got hit a few years ago, and my bike looked almost exactly like yours - frame torn apart at the welds at the headtube. Hit from the left, as well. Also Ti. Hmmm.

[Pegoready]

Thank you for posting about such a traumatizing experience. I would have a hard time writing about it myself I agree with others, we hear about these situations, but never the follow up and actual results. You are doing a service to us all!

I think you did everything right, getting your health looked after first and foremost. Then getting a lawyer between yourself and the insurance co.

[srcarter]

I've been curious about these coupled frames. I always thought the joints would be smoother.

In all seriousness, it is amazing that you were not hurt more and have recovered, and the driver is lucky that you were generous in resolving the issue. I am not sure I would have held back from suing the driver (and I am not a litigious person).

[Dave]

What about compensation for pain and suffering? It's common to get paid an amount that's at least equal to your medical bills, at the miniumum. Some get paid twice medical bills.

I've been hit twice. I've never broken any bones, but I had several doctor's appointments and an MRI for a left hand injury, on the first hit. My left hand hurt for several months.

Neither accident totaled my frame, but I still got $6K for the first accident, and about $4K for the second. The first negligent driver's insurance refused to pay anything, so I had to get an attorney. I would have settled for $4K, but they ended up paying my attorney $10K, a year later. The second driver's insurance paid the price for an entirely new bike ($4K). I fixed that bike for $800 - had the wheels rebuilt, new saddle, new shifters, bar tape, cables. I did have to work hard to get to keep the wrecked bike, but it certainly had no value to the insurance company.

[weisan]

Tux pal, what bike did you replace the merlin with?

Thanks for sharing your lessons.

[5oakterrace]

Your story is frightening. I am happy you are well. Y banks for sharing. It reminded me of an incident - relayed to me from an ex-pro, now bike dealer. Perhaps the lawyers and insurance folks on this forum will comment.
A biker was hit by a car, hospitalized for a lengthy period and suffered permanent injury. I think he never recovered all his mental ability. Eventually, I think months later, he sued the driver who was clearly at fault. I suspect the fellow lost his job because of his disability, etc. By the time he sued, the driver had transferred all assets to other family members. The driver had nothing.
The fellow who told me this story advised me "tell your wife that if you ever get into an accident, after she calls the medical people, call your lawyer immediately." I have no idea of these assets can be "clawed back". I am not a lawyer, but I have never forgotten that advice.

[ScottW]

Thanks for posting. I wasn't clear how/why the un-insured motorist coverage came into play though. It sounded like the driver had insurance. Or was that just the under-insured part? Clearly I am not an insurance expert.

Those welds might not have been the smoothest on the planet but they were obviously good enough since that's not where she cracked. Crazy how the frame could get halved but the wheels were still true.

I've never been comfortable with my own visibility, day or night. Bright flashing lights, dayglow yellow with reflective accents, doesn't matter if drivers' eyes are buried in their phones.

Phones aside, there's also a significant fraction of drivers who don't notice anything that's going on in the world unless it's within 50 feet straight in front of their bumper, because they are almost constantly fixated on the vehicle in front of them. Ever wonder how cops manage to nail drivers for speeding when they're set up on the shoulder of a perfectly straight section of highway, standing outside the open door of their cruiser running LIDAR while wearing a bright yellow vest that ought to be visible from 3/4 of a mile away? It's because many people don't look far enough ahead, and they're even worse at looking to see what's around the turn they're about to take. Driver probably didn't look towards that parking garage until the vehicle was actually pointed in that direction (too late).

[Drmojo]

Glad you were not killed.
Empathy because--I was hit by a truck in broad daylight- in 2015-broke my hip, 3 ribs--carbon bike broke in 3 places.
Took over a year to get $ for bike
Took over 2 years to get a settlement for my injuries/pain and suffering--I got a lawyer immediately
But I will never ride as fast or as far as I once did.
No way to compensate for that.
Plus I may never run again.
Sorry to piggy back on yr post--I do have a mantra--
It coulda been worse
Be safe--I ride bike paths and dirt now as much as possible:bike:

[Peter P.]

Excellent detailed follow up to your initial post. I appreciate all the advice from your experience.

The last of 3 times I've been hit, I was struck just like you were; a car turned left and I was broadsided. It was dark, and despite a headlight, a reflective vest, and reflective tape on my forks, the driver said she didn't see me.

I agree with all your advice.

I'm surprised the bike shop used a 2005 price for your Merlin rather than a current, comparably priced bike. That's what I did each time I was hit.

" Luckily, I have uninsured motorist coverage and that covered that expense." Do you mean UNDERinsured? Sounds like the other party had insurance, no?

When you used your under-insured motorist's coverage, did that increase your premium or result in cancellation of your policy?

Your lawyer's suggestion of maintaining a post-accident journal is spot-on. I record every expense including phone calls, time lost from work, and dates/times of phone calls including names of who I spoke to. Also, do NOT alter, destroy, or dispose of involved bikes, clothing, and accessories, until settlement.

Great job, and glad you're back on the road.

[Gummee]

Thanks for posting the detail you could share and happy you are ok

The scenario you describe has happened more than a few times along a route I ride often, one incident resulting in the death of the rider. This is why more people are using head lights to stand out, even in the daytime. When I was commuting I used two front lights - one flashing one steady.

I do not know what else you could have done to be seen. So don't look back and question that.

As for the driver, who knows why she didn't see you but. Whether she is negligent or an idiot or both it's another reminder we all need to do our best to ride visibly and defensively.

I've had similar stuff happen riding my 600# BMW GS-Adventure (moto) with a triangle of lights on it so a cyclist with a rather puny headlight (by comparison) isn't going to stand out either.

Sometimes the Golden BB is just gonna getcha. Try and mitigate risk. Ride head's up. Have an action plan for the 'what if-s' as much as possible.

One of the lessons learned riding a moto and you can tell someone's trying to turn left in front of you is the 'drunk cyclists' weave.' Motion attracts the human eye. Horizontal motion gets you out of the blind spots the brain has when scanning for 'trouble.'

All y'all ride safely. ...especially this time of year!

M

Oh, and as an 'insurance guy' I see people's policies all the time. I can't tell you how many people are out there running around with the state minimums. Here in VA that's $25k/$50k/20K (1 person's bodily injury coverage/total accident coverage/property damage)

Scares me. Despite not having many assets, I bumped my coverage up a notch to 50/100/50 and it cost me maybe $5-6/mo. I feel better now.

Y'all should probably all sit down with (or call) your insurer and make sure your coverages matches your assets/needs

M

[tuxbailey]

What about compensation for pain and suffering? It's common to get paid an amount that's at least equal to your medical bills, at the miniumum. Some get paid twice medical bills.

I've been hit twice. I've never broken any bones, but I had several doctor's appointments and an MRI for a left hand injury, on the first hit. My left hand hurt for several months.

Neither accident totaled my frame, but I still got $6K for the first accident, and about $4K for the second. The first negligent driver's insurance refused to pay anything, so I had to get an attorney. I would have settled for $4K, but they ended up paying my attorney $10K, a year later. The second driver's insurance paid the price for an entirely new bike ($4K). I fixed that bike for $800 - had the wheels rebuilt, new saddle, new shifters, bar tape, cables. I did have to work hard to get to keep the wrecked bike, but it certainly had no value to the insurance company.

Yes. My settlement included pain and suffering and the the amount is many times my medical bills. After this episode I finally understand the meaning of pain and suffering. My body was in a lot of pain for a month after the accident and my left hand took much longer to heal and a lot of impact on my daily life.

[tuxbailey]

Tux pal, what bike did you replace the merlin with?

Thanks for sharing your lessons.

Thanks weipal. I got the Guru off classifieds.

Since you like to buy nice used bikes? Interested in my slightly out of shape Merlin?

J/K

[tuxbailey]

Re: insurance

I am still somewhat confused. The uninsured motorist coverage was used to cover my ER payment. If I didn't have that then I will have to pay myself and wait for case to settle then get paid back.

The underinsured coverage was used specifically when the other party does not have enough liability to cover what my case merits. If my insurance company did not agree with my lawyer's request and we decide to sue, my insurance company will actually be defending the driver's case.

Pretty bizarre eh? I do know that I don't know enough, hence the lawyer greatly helped. I would have not thought of involving my auto insurance policy when I was on a bicycle and got hit.

[weisan]

Interested in my slightly out of shape Merlin?

J/K

I probably am but I think you should keep it...after all, the Merlin actually saved your life.

[rePhil]

Under / Uninsured covers pedestrians who have / need it too. I asked my attorney what people without it do and he said unfortunately a lot end up filing bankruptcy. In my case the guy who crashed me and I ironically both had Progressive.



Re: insurance

I am still somewhat confused. The uninsured motorist coverage was used to cover my ER payment. If I didn't have that then I will have to pay myself and wait for case to settle then get paid back.

The underinsured coverage was used specifically when the other party does not have enough liability to cover what my case merits. If my insurance company did not agree with my lawyer's request and we decide to sue, my insurance company will actually be defending the driver's case.

Pretty bizarre eh? I do know that I don't know enough, hence the lawyer greatly helped. I would have not thought of involving my auto insurance policy when I was on a bicycle and got hit.

[HenryA]

Glad to hear you had a good outcome.

From your description, this was a classic “left hook” type of collision. I think that lots of these happen because the driver truly did not see you. It might sound crazy but I think its real. This is not a defense but just how the world works.

As far as how much insurance to carry, its hard to have too much. Really serious injuries can run up many hundreds of thousands of dollars. And even then you may not ever recover. Enough to bankrupt most folks who don’t have enough coverage against uninsured drivers.

Some states have very low requirements for required liability insurance. It was probably enough way back when the limits were set, but not now. Throw in an uninsured driver witout assets and you really need to be insured against this type of loss. A million dollars is not too much. Ask your agent and figure out what reasonably fits your needs and budget.

Immediately retaining a lawyer is a great idea if there is serious injury. You’ll know when you can’t handle it yourself if you’re hospitalized.

The main take away for all I hope is that you have to ride like you are invisible. All the time.

[stackie]

So she can afford a nice German SUV, but can’t afford enough insurance to cover the damage and injuries she causes with it? God bless America.

I’m glad you feel you got enough fro pain and suffering. Otherwise, I’d say go for that Audi Q3. Would be a nice bike hauler and for getting to work on rainy days when your hand aches. :):banana: I’m joking of course. Well, sort of.

Jon

[peanutgallery]

It was just a lease

So she can afford a nice German SUV, but can’t afford enough insurance to cover the damage and injuries she causes with it? God bless America.

I’m glad you feel you got enough fro pain and suffering. Otherwise, I’d say go for that Audi Q3. Would be a nice bike hauler and for getting to work on rainy days when your hand aches. :):banana: I’m joking of course. Well, sort of.

Jon

[tuxbailey]

I probably am but I think you should keep it...after all, the Merlin actually saved your life.

You know, there has to be some truth in that. I think the frame exploding absorbed a lot of energy and so the force don't all go into me.

bad physics here ...

[tuxbailey]

Your story is frightening. I am happy you are well. Y banks for sharing. It reminded me of an incident - relayed to me from an ex-pro, now bike dealer. Perhaps the lawyers and insurance folks on this forum will comment.
A biker was hit by a car, hospitalized for a lengthy period and suffered permanent injury. I think he never recovered all his mental ability. Eventually, I think months later, he sued the driver who was clearly at fault. I suspect the fellow lost his job because of his disability, etc. By the time he sued, the driver had transferred all assets to other family members. The driver had nothing.
The fellow who told me this story advised me "tell your wife that if you ever get into an accident, after she calls the medical people, call your lawyer immediately." I have no idea of these assets can be "clawed back". I am not a lawyer, but I have never forgotten that advice.


That is really scary. From the stories I have read here and my post after the accident I knew I had to get a lawyer involved. Their fee might seem high at first glance but there is a good reason they charge that much. The fact that I have the peace of mind and just have to worry about recovering and not dealing with insurance is priceless.

[tuxbailey]

Glad you were not killed.
Empathy because--I was hit by a truck in broad daylight- in 2015-broke my hip, 3 ribs--carbon bike broke in 3 places.
Took over a year to get $ for bike
Took over 2 years to get a settlement for my injuries/pain and suffering--I got a lawyer immediately
But I will never ride as fast or as far as I once did.
No way to compensate for that.
Plus I may never run again.
Sorry to piggy back on yr post--I do have a mantra--
It coulda been worse
Be safe--I ride bike paths and dirt now as much as possible:bike:

I am sorry to read about your situation. Stay safe.

[oldpotatoe]

Very happy it came out all right for you..both medically, emotionally and lastly, about getting a new bike(minor, IMHO)..

Glad her insurance company decided to do the right thing. NOT always the case..My "hit from behind at 10:30 in the AM by a sleeping driver", took 3 years to settle. Nothing quite like being accused of insurance fraud by some dumm-ass AIG insurance adjuster. Letting your lawyer do the 'talking' is key. DO NOT talk to person that hit ya or the car driver's insurance company, EVER.

BUT, besides all the other take-aways..Getting a lawyer, regardless of how minor a bike vs car accident is, is paramount. The insurance company does NOT care about you, they care about making $..period..

Again, thrilled you are OK..now stop whining and go ride yer bike:)

[AngryScientist]

wow tux, glad to hear you made a full and complete recovery.

i am very surprised that the driver's insurance was so insufficient. it sounds like your damages were quite modest - certainly very small compared to what they might have been if you sustained much more serious injuries. i guess i always assumed that the minimum coverage a driver must carry would cover reasonably serious accidents. i guess that is a bad assumption.

with regard to actually getting hit - for most drivers it's a mental thing. if you're not a car, and they dont expect you to be there, they just dont see you. i got hit in a pretty similar situation, and the driver swore up and down he didnt see me. crazy.

[tuxbailey]

Very happy it came out all right for you..both medically, emotionally and lastly, about getting a new bike(minor, IMHO)..

Glad her insurance company decided to do the right thing. NOT always the case..My "hit from behind at 10:30 in the AM by a sleeping driver", took 3 years to settle. Nothing quite like being accused of insurance fraud by some dumm-ass AIG insurance adjuster. Letting your lawyer do the 'talking' is key. DO NOT talk to person that hit ya or the car driver's insurance company, EVER.

BUT, besides all the other take-aways..Getting a lawyer, regardless of how minor a bike vs car accident is, is paramount. The insurance company does NOT care about you, they care about making $..period..

Again, thrilled you are OK..now stop whining and go ride yer bike:)

Thanks!

Regarding the wheels, as long as they are straight, no cracks, and they have no hops they are good to go?

[tuxbailey]

wow tux, glad to hear you made a full and complete recovery.

i am very surprised that the driver's insurance was so insufficient. it sounds like your damages were quite modest - certainly very small compared to what they might have been if you sustained much more serious injuries. i guess i always assumed that the minimum coverage a driver must carry would cover reasonably serious accidents. i guess that is a bad assumption.

with regard to actually getting hit - for most drivers it's a mental thing. if you're not a car, and they dont expect you to be there, they just dont see you. i got hit in a pretty similar situation, and the driver swore up and down he didnt see me. crazy.

Thanks!

I think she only had what is legally required for liability in the state, to which my lawyer deemed insufficient based on similar cases.

[oldpotatoe]

Thanks!

Regarding the wheels, as long as they are straight, no cracks, and they have no hops they are good to go?

Yup...if they were 'stressed' in any meaningful way they would show it..out of true, round, something...

[skouri1]

Congrats on making it through.
I have unfortunately been through this twice, 9 years apart.
Fingers crossed it's the last time and hope all of our paceline pals never have to experience it!

[XXtwindad]

This was an extremely helpful and informative post. Our sport, unfortunately, is fraught with danger. See another poster's thread on cycling and a acknowledging that reality.

But the rewards are manifold. Not switching to badminton anytime soon.

Thanks again for such an insightful read.

[redir]

That's an amazing amount of damage for what injury you received. I think you are right! the bike broke instead of you. That was a close one.

[tuxbailey]

That's an amazing amount of damage for what injury you received. I think you are right! the bike broke instead of you. That was a close one.

Yeah, I stopped by work a week after the accident to get some paperwork and people asked, "Hey I heard you got into an accident, it was probably minor since you are walking."

I show them the pictures and they are like: "You should be dead."

[zap]

man o man, you are fortunate. Your bike took a beating......but looks like having the flexibility of Gumby helped a lot.

[paredown]

man o man, you are fortunate. Your bike took a beating......but looks like having the flexibility of Gumby helped a lot.

Yes--it is part of why we heal better than average--good circulation, good flexibility--oh, and mental toughness if we ride hill repeats.:banana:

OP--hard to read, glad it was not worse. It might be possible that the passenger side front hit the leading edge of the bike--and the frame really did take a large part of the impact. (Morbid me--I've always wanted film of my adventures, so I can get clear what happened...)

As for not seeing--well, the driver's code that I grew up with used to charge people with driving with "undue care and attention"--still true, though people are rarely charged for their lapses in judgment/attention. News flash--you are supposed to look carefully before whipping across oncoming traffic on your mid-block left turn. If you can't manage that, I would suggest you NEVER drive in New York city.

[bikingshearer]

Your story is frightening. I am happy you are well. Y banks for sharing. It reminded me of an incident - relayed to me from an ex-pro, now bike dealer. Perhaps the lawyers and insurance folks on this forum will comment.
A biker was hit by a car, hospitalized for a lengthy period and suffered permanent injury. I think he never recovered all his mental ability. Eventually, I think months later, he sued the driver who was clearly at fault. I suspect the fellow lost his job because of his disability, etc. By the time he sued, the driver had transferred all assets to other family members. The driver had nothing.
The fellow who told me this story advised me "tell your wife that if you ever get into an accident, after she calls the medical people, call your lawyer immediately." I have no idea of these assets can be "clawed back". I am not a lawyer, but I have never forgotten that advice.

Theoretically, what the guy did probably qualifies as a "fraudulent conveyance." If so, it might be possible to claw the assets back and levy on them. The real world answer it is very hard to get money from someone that way. I do hope that all the people to whom he transferred his assets kept them and left him out in the cold. It would sere him right.

[zambenini]

Thank God you're safe! These tales make my stomach turn. That sounds parallel to my experience (driver turning left failed to yield) but I suffered a femur and skull fracture. I am grateful to have recovered to the point where I am almost normal. (I want to blame every misbehavior on the TBI but I cant)....

Part of me wants the lives of motorists ruined when they do stuff like this... Put them in the salt mines. Then another part of me is terrified I were in those shoes. Just last night I came close to a guy wearing dark clothes on a busy road at night... Could have nailed him. So I pulled over and we gave him a ride to where he was going ... A long way away even though we needed to get the baby to bed. Better a late night for baby with a hitchhiker than a dead guy out there.

And when we got there, another person stepped out from between cars and I thought I was going to tag them! (I am an ok driver, I swear). Point is: motorists are bad and should probably be exiled to a desert island, but it's the cars and car culture that have created a world that is, where it is developed, structurally unsound for human habitation.

The built environment has been built for automobiles* and until that changes to being built for people these stories are going to be far too common. Grateful you are safe. I hope for a safer world (says the guy who still drives).






*Proof apart from just looking at traffic flow: there was a peaceful racial demonstration in town here and the cops arrested a bunch of people enjoying their first amendment rights for "obstructing lane of travel" or some nonsense. Can't have people protesting racial injustice... That would keep cars from being able to drive on that street. (There are of course more insidious reasons they were arrested. Point is cars are used to underwrite a lot about the American way of life). Off soapbox. :cool:

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