the wrong end of a Jeep

[Lanny R. Levenson]

I was struck by a Jeep on Tuesday evening while returning home from a ride. The girl made a left turn in an intersection while I was going through it. I'm OK except for some road rash, a small cut on my shin and contusions above a knee. I consider myself very lucky as I hit her left front hood. My bike only needed new tape, the wheel retrued and a shifter repositioned. What has me concerned is that the girl isn't being charged by the police since I didn't go in an ambulance or head to an ER. According to the officer, the accident report is being sent to the state for statistical purposes and it will be filed with her insurance company. If I had hit a car with my car, there would have been a report and some assignment of fault. Have others had the same thing happen to them?

Lanny

[dirtdigger88]

In Mo the police would not have assigned fault- Let say you were not a bike but you were a car. The accident would have been a minor fender bender- the police would have written up what they saw if they were called out but they would not have assigned fault- that would be up to the insurance companies to fight out- Now if there were injuries- a ticket would have been issued which assigns fault to one or the other. Before people start piling on me- I am only stating what would happen- I am not saying it is right


Count yourself lucky- I am glad you didnt get hurt.

Jason

Well, you could wait a reasonable amount of time until her insurance company was notified, and then pay her a visit on a dark and stormy night. Damage her car enough so that she'll have to file a claim. Then her rates will really shoot up.*

*I am NOT recommending this. It's just one of many alternatives.

[dirtdigger88]

the key is to flop around like a fish- spew chunks of nasty stuff out your mouth- and maybe pee down your leg- then insist on a ride to the ER- of you can do what I have done in the past when I was hit

Consider yourself luckey and go for another ride

Jason

[gdw]

Dirtdigger is right. Most states don't require an accident form to be filled out unless the damage is over a $1000. or a person was injured and required medical attention. Tickets are rarely issued unless there was an injury or an officer witnessed the accident. A car accident without injury or substantial damage to the vehicles would be treated the same way. The cop actually did you a favor by filing the paperwork.

[beungood]

I had something similiar happen to me ,only I was the responding officer. A man who was riding a bike along a busy street and crossing at a crosswalk was struck by a box truck. The right turn he was making was a reverse turn,as there was a turn off before it to actually turn down the street he was attempting to turn into. I think as the biker was attempting to cross he figured the truck already past the turn off was going straight he continued across the road. The box truck (Driver's license was suspended) driver missing the turn off turned right unexpectedly and struck the bicylcist(an accomplished older rider known for 50+ rides and not wearing a helmet which is usually not the case) was struck and with his forward momentum and the trucks turning enertislammed to the ground. I won't write publically the results other than he was killed.

No right of arrest as I did not witness the driver driving (I did have a several eyewitness') and the right turn was not prohibited by signage and there for not ticketable. At this time there has been no court action.

This was before I was really bitten by Bicycling(I was a motorcycle Officer at the time) and I tell you I never liked helmets,but, when I bought my Cro-Mo that was the firstr extra I bought. I still think about that incident frequently. Buy a helmet! There defiantely needs to be reform in the motor vehicle laws in regards to these senarios spoken of here.

[Lanny R. Levenson]

Maybe I'm overly sensitive to this at the moment given the RBR usenet on the law professor on Lakewood in Dallas (I think) and the fact that two friends were hit several weeks ago while our group was doing an MS Dare to Williamsburg in seperate incidents. Both of my friends are OK but this s... is getting old. I know several officers who ride bikes and I'm going to get their thoughts.

Lanny

Originally Posted by gdw

Dirtdigger is right. Most states don't require an accident form to be filled out unless the damage is over a $1000. or a person was injured and required medical attention. Tickets are rarely issued unless there was an injury or an officer witnessed the accident. A car accident without injury or substantial damage to the vehicles would be treated the same way. The cop actually did you a favor by filing the paperwork.

[BumbleBeeDave]

I am mystified about this incident you just described.

Driving with a suspended license is not a ticketable--or arrestable--offense?

Killing someone while driving with a suspended license is not a ticketable--or arrestable-- offense?

The word of two witnesses--who I am assuming would be willing to give statements--is not enough to establish probable cause?

The fact that this driver is legally employed by the company owning the truck and is on the scene is not enough to establish a chain of evidence?

And lastly, not excercising due care while turning is not ticketable as reckless driving? So the only way to ticket this guy would have been if there was a sign posted there saying , “Watch for cyclists while turning right--Do not run over and kill them?”

I really am NOT trying to be difficult here. It just seems that the way you are describing it the investigating officer has no discretion whatsoever in deciding what to do. I too am getting tired of the excuse I seem to see over and over again from offending drivers: “I didn’t see him.” What did THIS driver say?

BBDave

My rule of thumb: You get hit-you demand an ambulance regardless of the extent of the injuries. It looks better than demanding a cop and yet guaranteed, a cop will show up; how convenient! Yeah, it's embarrassing and time consuming, but necessary if you want the end result to be some sort of justice.

Though I wasn't aware that the ambulance ride triggers the law to assign fault, if that's the way to get it done, then it must be done.

I've been hit three times (took the ambulance all three times) and what burns me is every time the driver was given a written warning and not a ticket (points assigned). Of course, once the driver's insurance company is contacted by you filing a claim, their rates are sure to go up, hopefully driving the lesson home.

[William]

Originally Posted by dirtdigger88

the key is to flop around like a fish- spew chunks of nasty stuff out your mouth- and maybe pee down your leg-

Sounds like my pre-ride warm-up.



Lanny, I'm happy you were not seriously hurt.

William

[Kevin]

Lanny,

I am glad that you are ok.

Kevin

It's always good to take the ambulance ride. Something you think is minor might not be. The pain may not go away. Always get checked out. I've had three rides, for two motorcyle and one bike accident.

[Kahuna]

The last time I was hit I picked myself up off the pavement seeing stars, with road rash and a very stiff elbow. The cop who showed up recommended I take a trip in the abulance to the hospital just in case.

It turned out my stiff elbow was the result of a fractured radius (radial head). Think of the ball part of the ball and socket elbow joint where the ball was split 3-ways down the center. It's interesting how this type of fracture occurs. When I hit the concrete I must of held out my arm to break the fall and used my hand to absorb the initial impact before rolling. Instead of breaking the wrist or forearm, the force from stiff-arming the pavement jammed the ball part of the joint into the socket so hard that it split the bone.

At the hospital my elbow swelled to twice its normal size and the ER doc used a 4 inch long needle to drain about 70cc of blood mixed with bone marrow out of my joint. Surprisingly that didn't hurt since the swelling had pinched all the nerves making my elbow mostly numb anyway. However that night and over the next few days I endured the worst pain I've ever felt. I've broken many bones before but in this case not even prescription pain killers could give me any relief.

Ultimately the driver's insurance company (thanks to my attorney) helped pay the medical bills and replace my destroyed wheels and handlebars.