hit/almost hit by a car today

[xeladragon]

posted this across the hall too...

i was biking home from work today when i was hit/almost hit by a car. for those of you familiar with arlington, ma, i was heading eastbound on summer st approaching grove st (map here (http://maps.google.com/maps?f=q&source=s_q&hl=en&geocode=&q=summer+st+and+grove+st,+arlington,+ma&sll=42.35892,-71.05781&sspn=0.484048,1.234589&ie=UTF8&ll=42.422934,-71.16276&spn=0.007556,0.01929&z=16&iwloc=A)) when the driver of a car heading westbound on summer tried to turn into grove. despite having a bright silver bike and wearing colorful cycling gear (white/red jersey, white/blue helmet), the driver apparently didn't see me (he later admitted so; he said he was looking at the car coming out of grove st), i slammed on my brakes to try to avoid hitting the car, my tires skidded, i lost control of my bike, and i ate the asphalt, bloodying up a good amount of my left side (especially my elbow), ruining my cycling jersey and tights, scratching parts of my bike, and bending my wheels slightly out of true. whether the car actually hit me, i'm not sure, but if it didn't, then it definitely would've if i didn't skid out of its way. at the moment, i was just shocked. i should've called the arlington police right then and there, but since it was my first time in any sort of accident involving a motorist, and since i didn't break anything, i just got the driver's information and rode home.

about 1.5 hours after the incident, i did go to the arlington police to try to file a police report. since the driver caused my fall, i was hoping to get the driver to pay for a tuneup of my bike, the bandages i'll need for the next couple of days, and my cycling gear that he ruined. instead, the police tell me that since the car didn't actually hit me (because there was no damage to the car, but isn't it even remotely possible that the car could've clipped my rear wheel without it sustaining any damage?), that there wasn't really an "accident", and that was that. (oh yeah, and apparently, the driver went to the police station about fifteen minutes before i did, and told them that i was "blazing" down the road when i skidded and lost control of my bike, failing to mention that he's the reason why i braked so suddenly. and i commute on a singlespeed, so i can't go THAT fast. i was definitely under the speed limit. but because my bike LOOKS fast, the police officer seemed a little biased in believing the driver's version of the story over mine.) ARE YOU F*CKING SERIOUS!?! my bike is damaged, my clothes are damaged, i am damaged, but because the car at fault wasn't damaged, the driver gets off scott free?? someone please explain that to me.

i'm considering taking this to civil court since i don't know what else i can do. i am 100% not at fault, and having to pay to repair/replace the damage to my bike/clothes, that doesn't sit well with me.

i'm pretty sure i'm not the only valonista who's ever had a run-in with a motorist. thoughts? advice? i need some help here.

thanks guys.

[Lifelover]

...
i'm considering taking this to civil court since i don't know what else i can do. i am 100% not at fault, and having to pay to repair/replace the damage to my bike/clothes, that doesn't sit well with me.

..... thoughts? advice? i need some help here.

thanks guys.

It's you word against his and he beat you to the station. There was no contact so you have almost Zero chance of putting any liability on him.

Maybe you just panicked and fell for no reason. Legally there is NOTHING the cops can do.

Don't waste everybody's time with a civil suit over some bike clothes and skin.

Be thankful you were not hurt.

[nahtnoj]

Well, first I would get some advice from someone who understands what the motorists liability is under MA law.

So basically he cut in front of you?

I fear in this case while you may be right, and your anger at the motorists carelessness justified, there probably isn't much you can do.

[gdw]

Be realistic, you weren't injured badly enough to require medical attention and the damage to your bike is minor. No police officers witnessed the incident so they can't charge anyone. As to civil court, the only winners will be the lawyers. Be thankful you're ok and move on.

[vqdriver]

You're justified in being angry. Both at the driver and the police. The fact that the guy admitted to cutting you off cuz he was looking elsewhere should merit some kind of a follow up interview on their end, at least by phone. But paperworks a real hassle I guess. It's not a big deal but if it's a valid argument I'd think the police should at least file an incident report for insurance purposes.

A civil suit is ridiculous but if you want to make a statement sue him in small claims court for a buck to at least have the moral victory.

[Bruce K]

Unfortunately, this will come down to he said / I said as there are no witnesses.

The new MA bike safety law would put the blame on the driver if he "right hooked" you (passed you and then turned right, cutting you off) but does not address the type of incident you describe.

Because there was no contact and the fact that the driver is no longer admitting any contribution to the accident, you're probably out of luck.

If it went to court, he might even say that he had plenty of room when he made the turn and it was you not paying attention and then lsoing control of your bike as you tried to stop at the last second.

As was said before, only the lawyers will win with this one.

Glad to hear you're not too badly injured and that the bike is repairable.

BK

[bronk]

Have you considered phoning the driver and letting him know your costs and asking if he'd consider picking up all or some of it? Might be a waste of time but then again...

[rugbysecondrow]

Since being almost hit by a car is way better than actually being hit by a car, I agree with Lifelover... learn from this and move on. I am not certain how one would even assign blame in this instance and I don't even know how the police would right up an almost incident report. Also, sounds like the driver stuck around to see if you were alright, which is a very considerate thing to do. My assumption when I am riding is that cars at intersection do not see me unless I see some sort of body language (not certain what the equivilant phrase is when applied to a car) that they acknowledge me. I also think about exit stratagies while I am riding, especially in traffic at when coming up on intersections...especially small ones where people might not expect you.

Sounds like this is one of those things in life where sh&* happens and you have suck it up and move on.

Funny story though...I had an accident where I had some road rash down my hip and thigh. It was bloody, nasty and pretty uncomfortable for sleeping. I awoke during the night to find my clothes adhered to the wound and that is what woke me up...the pulling of the two. The only thing I could find around the house to mend me during the night was some neosporin, some maxi pads and electrical tape. So, being the big dumb guy I am, apply the ointment, put the pads on my hip and thigh, wrap electrical tape around my leg a few times and go back to sleep. I wake up that morning and start tending to my normal business (coffee, cereal etc), forgetting that I have a maxi pad taped to my leg...my wife starts point and laughing hysterically at me and begins to poke fun at my McGeyver like triage. Anyway, I am more domesticated than that now, but I thought that might provide some levity.

Sorry my man and I am glad you not really hurt.

[Peter P.]

You're out of luck. It would have been better had you collided with the car.

Consider it a lesson learned.

Here are some suggestions. First, loosen up your brakes. The levers should almost bottom to the handlebars before you can induce a skid. That way, during a panic stop, you'll have an extra fraction of a second to regain your wits, ease off the brakes, and steer the bike with rolling wheels.

If you don't race already then I suggest you start. Racing the THE BEST way to develop the skills necessary to ride among cars in traffic.

This bit about not knowing whether you hit the car or not: ALWAYS, and I'm mean ALWAYS, lie down on the ground and don't move after an accident. No need to feign injury or even imply it. Just lie there and request an ambulance and police. It's the best way to ensure a proper legal response and documentation of the incident. Actually, it's probably the ONLY way to ensure the proper and necessary response because as you found out, your method didn't work that well.

I speak from experience.

[gemship]

You're out of luck. It would have been better had you collided with the car.

Consider it a lesson learned.

Here are some suggestions. First, loosen up your brakes. The levers should almost bottom to the handlebars before you can induce a skid. That way, during a panic stop, you'll have an extra fraction of a second to regain your wits, ease off the brakes, and steer the bike with rolling wheels.

If you don't race already then I suggest you start. Racing the THE BEST way to develop the skills necessary to ride among cars in traffic.

This bit about not knowing whether you hit the car or not: ALWAYS, and I'm mean ALWAYS, lie down on the ground and don't move after an accident. No need to feign injury or even imply it. Just lie there and request an ambulance and police. It's the best way to ensure a proper legal response and documentation of the incident. Actually, it's probably the ONLY way to ensure the proper and necessary response because as you found out, your method didn't work that well.

I speak from experience.


wow that is so right on. I remember getting hit once, actually I was cut off going the same direction as the car pulling out of its parking space and not seeing me then suddenly making a u turn, silly driver. Anyway me and the bike bounced off the front fender and I was just lying their stunned. Luckily I had a witness with a cell phone who offered to call the police and did just that. At the time I didn't have health ins. and I could tell immediately from the pain that it was only going to be a bruise but still I wanted compensation as I knew my pristine Raleigh, literally brand new and my first ride on it would be damaged. Because of my situation and the follow up with paperwork I got the driver's ins. to pay for a ambulance ride to the ER and damage to my bike. Just lucky but it took getting hit and behaving like a victim at the scene to get what I deserved.

[snah]

wow that is so right on. I remember getting hit once, actually I was cut off going the same direction as the car pulling out of its parking space and not seeing me then suddenly making a u turn, silly driver. Anyway me and the bike bounced off the front fender and I was just lying their stunned. Luckily I had a witness with a cell phone who offered to call the police and did just that. At the time I didn't have health ins. and I could tell immediately from the pain that it was only going to be a bruise but still I wanted compensation as I knew my pristine Raleigh, literally brand new and my first ride on it would be damaged. Because of my situation and the follow up with paperwork I got the driver's ins. to pay for a ambulance ride to the ER and damage to my bike. Just lucky but it took getting hit and behaving like a victim at the scene to get what I deserved.

Situation is a bit different, but you might have better luck trying his insurance company first. Still might be a waste of time.

[MattTuck]

First, to the original poster... I am glad you're OK. That is by far the most important thing. Be thankful that it wasn't more serious and move on.



If you don't race already then I suggest you start. Racing the THE BEST way to develop the skills necessary to ride among cars in traffic.


As far as this business about racing.... I almost TOTALLY disagree. Unless you are riding ally cat races. MAYBE racing gives you some more balance and control of your machine... going around a corner with cars, holding your line isn't going to make a difference if they're not paying attention.

In terms of tips, I will only give you advice that my father once gave me when teaching me how to drive.

"assume that people are going to do the most stupid thing possible."

Yes, this means that I drive and ride with an abundance of caution, and ride much slower than I could when I'm in traffic, but I pretty much assume that people are always going to turn in front of me, or cut me off, or come too close, etc.

The bad news of this approach is that you're sometimes right, and people do really stupid things! The good news is that you're ready for it! The silver lining is that MOST people don't cause any problems... and when you're expecting everyone to cause problems, you are pleasantly surprised by how few actually do.

Heal up, get your rig fixed and get out an enjoy riding before it is winter.

[William]

I'm glad to OP was not hurt seriously. Sounds like your SOL on going after they guy.


First, to the original poster... I am glad you're OK. That is by far the most important thing. Be thankful that it wasn't more serious and move on.

In terms of tips, I will only give you advice that my father once gave me when teaching me how to drive.

"assume that people are going to do the most stupid thing possible."

Yes, this means that I drive and ride with an abundance of caution, and ride much slower than I could when I'm in traffic, but I pretty much assume that people are always going to turn in front of me, or cut me off, or come too close, etc.

The bad news of this approach is that you're sometimes right, and people do really stupid things! The good news is that you're ready for it! The silver lining is that MOST people don't cause any problems... and when you're expecting everyone to cause problems, you are pleasantly surprised by how few actually do.

Heal up, get your rig fixed and get out an enjoy riding before it is winter.



Pretty much the mindset I always used when I was riding motorcycles. Similar approach I use to cars & bikes.

Racing can and does build great riding skills...that may or may not help you in auto/bike encounters. One thing I will note is that motorists are much more confident passing a cyclist who holds their line on the road. Squirrley riders tend to piss off motorists more often because they get agitated since they are unsure of what the cyclist is going to do, makes them nervous, slows them down in traffic, etc... It's not the sole cause of motorist agitation, but more likely to provoke it. IMHO.




William

[jvp]

I had a similar encounter, but not as bad. A minivan turned left across my path - I braked hard (fortunately my brakes were old campy long reach records, I doubt I could lock them up) and simutaneously turned right hard, just missing contact with the mini van. In my adrenelin rush I chased the van down, and learned it was somehow my fault because I was "hard to see"!

[John M]

Lucky no serious injuries. As a 20 yr urban commuter, I have had a couple brushes with cars and many close calls. If there is bodily or property damage, always contact police immediately to file a report. Over time, the driver is much less likely to admit any fault. Obviously, the driver was concerned about protecting himself, or he would not have gone to the police to put in his version of the story.

I think you'll likely get nothing in small claims court and the "cost" of your trouble will probably be more than the cost of your clothing and damage to your bike.

[harlond]

Since you got the driver's information, I'm wondering why you couldn't call the driver, tell him what your damages are, and then if he doesn't pay you, submit a claim to his insurer. You might get nothing out of this, but you might get something, and it won't cost you anything but time.

[gdw]

Sorry guys but those are the facts. He can contact the driver, if he has his name and address, and hope that he will cover the damage but the courts and insurance company are deadends.

[xeladragon]

thanks for the advice. actually, there was a witness, but he didn't stick around long enough. i suppose he would've if a police officer had come. anyway, lesson learned, i guess... if this ever happens again <knock on wood>, i'll know exactly what to do. i do have the guilty driver's name, address, and phone number, so i'll try to see if he's willing to help pay for some of the repair/replacement costs but... otherwise... sounds like i'm sh*t outta luck...

[xeladragon]

btw, when i said "civil court", i misspoke. i meant small claims court. is it worth the hassle? do i still have a viable case without the contact info of the witness or indisputable evidence of car/bike contact?

[MattTuck]

Well, you may not have much legal ground to stand on in a court of law... but if you have the driver's name and address there's still the opportunity for justice.

vigilante justice.



just sayin'

not advocating. reminds me of that seinfeld where george slips his boss a mickey.

[gdw]

and covers the damage but if he has talked to a lawyer you'll be out of luck again. A lawyer would advise him that any payment could be interpreted as an acknowledgement of guilt and put him in a difficult position if you were to try to sue at a later date. Good luck.

[Walter]

The crim (citation) issue is apart from the civil issue. You could have been cited and still prevail in a civil matter. The fact there was no citation to the car will make his ins carrier say that makes a difference to them, but in reality it does not. He could have been cited and convicted at a trial and it is inadmissable in the civil case.

You have some issues to overcome in a civil case: no independent witnesses, no contact with car, etc. If the damages are not significant, you will not find a lawyer to do it. You can file a small claim and joust with the insurance carrier yourself.

[capybaras]

Excellent defensive driving. Sorry you and your bike got scratched up but it could have been so much worse. You clearly did the right thing, whether or not you can get any compensation. Hope you heal up quickly.

[lemonlaug]

First, loosen up your brakes. The levers should almost bottom to the handlebars before you can induce a skid. That way, during a panic stop, you'll have an extra fraction of a second to regain your wits, ease off the brakes, and steer the bike with rolling wheels.

What? You must be crazy. Keep those things tight and learn how to use em.

[martinrjensen]

I ran into the same kind of argument with a car accident. One thing I learned. When It's obvious that you are gonna wreck, if at all possible, go out of your way to make contact. Otherwise "no contact, no wreck". Sad but true.

[mikki]

Situation is a bit different, but you might have better luck trying his insurance company first. Still might be a waste of time.


I agree with others to be thankful that you were not hurt. I wound up facturing five bones in my spill with a neglegent cyclist...However, I think you might file a claim with his homeowners insurance. Most of us have a $5,000.00 med/property limit on homeowners that will more than likely pay you for your damaged property.

Seriously, better that you weren't hurt. It isn't fun.