Exactly what everyone else is saying. No matter how you feel about this situation, even if you have sympathy for the other person drunk driving should not be tolerated. Talk to a lawyer, they will settle everything for you with no money out of pocket from you. If she didn't hit you, imagine who else she could have hit or could hit in the future. What if it were a mother with a stroller, endless possibilities. Go get checked out for your own safety.
Got ran over by a car today...
- Thread starter Ugrd
- Start date
Ugrd
10 W
Thanks for the replies again.
Im going to doctors tomorrow to get checked out. Ive been talking with my father about it and im going to call her insurance company tomorrow and tell them the police want me to press charges against her but I really just want my bike fixed. I guess it would be easier for them to throw out a $1000 for my bike and injuries than to go through a specialist...
-Ugrd
Im going to doctors tomorrow to get checked out. Ive been talking with my father about it and im going to call her insurance company tomorrow and tell them the police want me to press charges against her but I really just want my bike fixed. I guess it would be easier for them to throw out a $1000 for my bike and injuries than to go through a specialist...
-Ugrd
footloose
10 kW
#1 thing, glad you could walk away from this event.
But... Good idea to see doc before you make any decision.
Cost of replacing bike is trivial compared with other potential costs.
If that is all it costs her insurance company they should not even blink.
If she was impaired, it does not count as an accident in my book.
If she was lit, it was her fault. Full stop.
But... Good idea to see doc before you make any decision.
Cost of replacing bike is trivial compared with other potential costs.
If that is all it costs her insurance company they should not even blink.
If she was impaired, it does not count as an accident in my book.
If she was lit, it was her fault. Full stop.
Be strong when you call her insurance company. They might push you to lower the price of what you want. In the end if they aren't budging and don't want to give you what you want, just tell them you will have your lawyer contact them in a few days, then see what they say, most of the time they will start to be on your side because you getting a lawyer means more of a loss on their end.
Jason27
10 kW
Just another reason why etrikes are not a good thing. Its hard for drivers to see you on the road. Glad your ok though!!
dogman dan
1 PW
If she's insured, you aren't hurting her by having your lawyer get what's due you, if her insurance company is jerking you. She paid for that already, and only will have problems with her company if she is driving bad all the time.
You need everything replaced, bike, motor, helmet, ribs. She owes you much more than a thou. I'm not saying whack them for 20 thou, but get what it really costs you. If THEY make you lawyer up, then they will cost themselves more. The lawyer will do the case on a %, so you shouldn't have to pay him out of your pocket.
I'm just saying don't let them skate with just some welding on the bike. If you miss work because of the rib, they need to pay that.
Let cops decide about criminal charges. If she is prosecutable as a DUI they will do it. If its a weak case, they blew it not you.
Yes, you were invisible to that car, so try to fix that. But she got the ticket, so she's got to pay. If she's driving uninsured, then you have little choice but to take your lumps.
You need everything replaced, bike, motor, helmet, ribs. She owes you much more than a thou. I'm not saying whack them for 20 thou, but get what it really costs you. If THEY make you lawyer up, then they will cost themselves more. The lawyer will do the case on a %, so you shouldn't have to pay him out of your pocket.
I'm just saying don't let them skate with just some welding on the bike. If you miss work because of the rib, they need to pay that.
Let cops decide about criminal charges. If she is prosecutable as a DUI they will do it. If its a weak case, they blew it not you.
Yes, you were invisible to that car, so try to fix that. But she got the ticket, so she's got to pay. If she's driving uninsured, then you have little choice but to take your lumps.
Frank
100 W
The other thing to remember about this is, you didn't do anything wrong - she did. Not to say there aren't any "lessons learned" to be had but you should not be out of pocket.
molybdenum
1 kW
I'm relieved to hear you weren't seriously hurt and I wish you a speedy recovery.
She is 100% to blame for the collision regardless of whether she could see you. If cars are stopped around a crosswalk, approaching drivers are required by law to stop. Trikes may be hard to see, but it could have just as easily been a child or someone in a wheelchair crossing the road.
She is 100% to blame for the collision regardless of whether she could see you. If cars are stopped around a crosswalk, approaching drivers are required by law to stop. Trikes may be hard to see, but it could have just as easily been a child or someone in a wheelchair crossing the road.
Hillhater
100 TW
That nice matt black helmet and black trike is really "stealth" ..
..which is the exact opposite of what you need to be seen at night !
..which is the exact opposite of what you need to be seen at night !
Dauntless
100 TW
Well, first of all, you were going the wrong way. Don't know about there but in California the person committing a violation is usually going to be considered at fault. http://bicycles.stackexchange.com/questions/12997/should-i-fight-a-ticket-i-got-for-riding-my-bicycle-in-a-crosswalk
You're not a pedestrian when you're riding. Specifically, you don't talk about being a pedestrian when you ride a bike. So if they had to make it illegal to hit a pedestrian, then they would have had to make it illegal to hit you on a bike separately. In the eyes of the law, you are not a pedestrian when you ride a bike.
http://catsip.berkeley.edu/california-vehicle-code
I hear so many opinions that bicycles are not allowed on the sidewalk or in a crosswalk. One of our local cops that I sort of know and he's NOT a dirtbag actually ran after someone in the sidewalk to explain that he is NOT to ride in it. I never seem to find the code when I look for it, but so many people are sure it exists. One thing that IS cited regularly, maybe it is good enough even though vague, is
The point they must be making is a CAR is not allowed to use any pedestrian pathway for driving, so a rider shouldn't be able to RIDE on the sidewalk or in a crosswalk. I remember I was like 10 when I got a ticket for riding on the sidewalk. If I'd saved the ticket I'd have the vehicle code section. Only ticket on a two wheeler I ever got.
Ugrd said:
You're not a pedestrian when you're riding. Specifically, you don't talk about being a pedestrian when you ride a bike. So if they had to make it illegal to hit a pedestrian, then they would have had to make it illegal to hit you on a bike separately. In the eyes of the law, you are not a pedestrian when you ride a bike.
http://catsip.berkeley.edu/california-vehicle-code
I hear so many opinions that bicycles are not allowed on the sidewalk or in a crosswalk. One of our local cops that I sort of know and he's NOT a dirtbag actually ran after someone in the sidewalk to explain that he is NOT to ride in it. I never seem to find the code when I look for it, but so many people are sure it exists. One thing that IS cited regularly, maybe it is good enough even though vague, is
California Vehicle Code 21200a said:
The point they must be making is a CAR is not allowed to use any pedestrian pathway for driving, so a rider shouldn't be able to RIDE on the sidewalk or in a crosswalk. I remember I was like 10 when I got a ticket for riding on the sidewalk. If I'd saved the ticket I'd have the vehicle code section. Only ticket on a two wheeler I ever got.
dogman dan
1 PW
That would apply to those riding in California. This didn't happen in CA. But, he was riding on the side of the street that makes a car hitting you much more likely. Nevertheless, he could just as easily been a short person, wheelchair, little kid. Once in the crosswalk, he had the right of way in most places.
This is part of why lawyering up is wise. He should know the law for cars hitting people in your state. It's what he does.
If the insurance company offers you 5 thou or so, it should be enough. But they won't.
This is part of why lawyering up is wise. He should know the law for cars hitting people in your state. It's what he does.
If the insurance company offers you 5 thou or so, it should be enough. But they won't.
The fingers
10 TW
Lots of people ride on sidewalks around here so cops probably ignore it. IMHO it is more dangerous, but I'm sure those riders feel the same way about using the street. :|
dnmun
1 PW
are you in school at the university? if so, see if there is lawyer available through student services and go tell the lawyer your story and let them do the talking.
as far as his being on a trike in a pedestrian zone, i think the officer has already said he cited her for hitting a pedestrian in a crosswalk. the only issue was whether he would file for DUI.
as far as his being on a trike in a pedestrian zone, i think the officer has already said he cited her for hitting a pedestrian in a crosswalk. the only issue was whether he would file for DUI.
Ugrd
10 W
I have an appointment today at health services. I'm suspecting it's more of a bruised rib than a broken one, as it's been hurting less when breathing or bending over. Also I'm not sure on pedestrian laws in North Dakota but il go research it when I get back here. The call to her insurance company will go along the lines of trying to make a deal with them for 800-1000 for the trike. And if not il tell them il lawyer up and then sue them for the trike + medical + whatever else I can which would end up being more than 1000. Il call them here in like 2 hours or so.
-Ugrd
-Ugrd
dnmun
1 PW
actually, it doesn't work like that.
you call them and tell them all this stuff, they ask you send in your pictures of the accident and have your insurance agent contact them.
then you never hear from them again.
i got T boned driving into a home depot parking lot july 31, 2013 and both insurance companies decided it was equal fault.
i protested to my insurance company that he ran through the stop sign without stopping and was in my lane so they said they would go to arbitration and see if they could win damages for me.
i have contacted the insurance company twice since then and never even got a reply. you don't even have an insurance agent on your side. since i did not have comprehensive insurance my insurance company does not have to cover my damages so they could not care less.
when you contact the insurance agent, they are gonna tell you just like the jason guy here that it was your fault for riding in the crosswalk, not her fault.
you will not hear from them again until the lawyer you will eventually hire calls them. yes, you will eventually hire a lawyer, but for now you should get the legal services people at your school to talk for you so that you don't say something they have on tape to use against you.
you call them and tell them all this stuff, they ask you send in your pictures of the accident and have your insurance agent contact them.
then you never hear from them again.
i got T boned driving into a home depot parking lot july 31, 2013 and both insurance companies decided it was equal fault.
i protested to my insurance company that he ran through the stop sign without stopping and was in my lane so they said they would go to arbitration and see if they could win damages for me.
i have contacted the insurance company twice since then and never even got a reply. you don't even have an insurance agent on your side. since i did not have comprehensive insurance my insurance company does not have to cover my damages so they could not care less.
when you contact the insurance agent, they are gonna tell you just like the jason guy here that it was your fault for riding in the crosswalk, not her fault.
you will not hear from them again until the lawyer you will eventually hire calls them. yes, you will eventually hire a lawyer, but for now you should get the legal services people at your school to talk for you so that you don't say something they have on tape to use against you.
This seems like a good no-risk plan, and you might be able to get a second opinion from the county's free legal service. Also, you might seek out your local bicycle club's resources. It may be wise to strictly control and document your interaction with the other party.dnmun said:
e-beach
10 MW
Glad you are feeling better!
Yep, talk to school legal services before calling anybody. Also, at minimum keep copious notes on any conversation you have with her insurance agent....Names, dates, times, context of conversion.....Or, and check into this, but I do believe that North Dakota is a one party record state. This means you can record your phone conversations without the other party knowing. As your legal services about that also. A recording is more accurate then keeping notes, just make sure it is all very clear and easy to hear.
Yep, talk to school legal services before calling anybody. Also, at minimum keep copious notes on any conversation you have with her insurance agent....Names, dates, times, context of conversion.....Or, and check into this, but I do believe that North Dakota is a one party record state. This means you can record your phone conversations without the other party knowing. As your legal services about that also. A recording is more accurate then keeping notes, just make sure it is all very clear and easy to hear.
Ugrd
10 W
Thanks guys will do. Im looking up UNDs Legal Services at the moment. Il see what they have to say...
Apparently we dont have any private student legal services... I dont know if I said this before, but her insurance company is really small, it looks like theres only 2 employees, not sure if thats a good thing or a bad thing but yeah... I guess il have to start looking at lawyers now...
Apparently we dont have any private student legal services... I dont know if I said this before, but her insurance company is really small, it looks like theres only 2 employees, not sure if thats a good thing or a bad thing but yeah... I guess il have to start looking at lawyers now...
Wow; you are blessed to take that impact so well. I mean, when i saw the title of the thread, i was expecting something to be incoherently typed because half your body was broken, and here you are thinking more along the lines of legal stuff.
Maybe there is something to a trike. Did you stay on it, and the trike kinda bent/bowed like a big leaf spring to cushion having hundreds/thousands of lbs roll over you?
Maybe there is something to a trike. Did you stay on it, and the trike kinda bent/bowed like a big leaf spring to cushion having hundreds/thousands of lbs roll over you?
cal3thousand
10 MW
Glad you're OK and thanks for the diagram. This situation sucks for both of you. She shouldn't have been impaired. And if she was, she should get in trouble. I don't care how "not at fault" she was in the situation.
You shouldn't have been riding salmon on the sidewalk on an electric recumbent in snow (see how many things were against you in just one sentence?)
I feel bad for you and the trike, but I really hope you take this experience as a learning opportunity since you seem like a careful person to begin with. Just too many safety issues going against you in the that moment.
You shouldn't have been riding salmon on the sidewalk on an electric recumbent in snow (see how many things were against you in just one sentence?)
I feel bad for you and the trike, but I really hope you take this experience as a learning opportunity since you seem like a careful person to begin with. Just too many safety issues going against you in the that moment.
Ugrd
10 W
Learned that it isnt a broken rib and just a bruised rib. Also may have torn a muscle below my armpit. They told me to take some ibuprofen and if it gets worse or anything come back. I had hardly any pain today so I kinda figured it wasn't broken. So that's good at least...
Yeah I know, ive learned my lesson about the snow, and the salmon with against traffic. Just luckily It wasn't worse. I just walked out to look at the trike today, and I guess there isnt as much damage as I originally suspected, the right wheels supporting triangle weld cracked which caused the giant camber to the wheel, this could be fixed revealingly easily, I know a good mig welder (il still see what I can do about the legal stuff before I ask him) The seat moved to the left on but awesomely KMX thought about this incase a trike flips, so il just unscrew the seat and re angle it. Also the rear supporting seat bar adjuster cracked from the seat moving. The right tire amazingly isn't wobbling and none of the spokes broke or bent (which I thought for sure would be the case)
All of that could be fixed with some work, the alignment and track may have been messed up but im sure there's tutorials on how to do that for a trike.
Here are some pictures I took of the damage:
This is the right wheel, the crack between the triangle and the axle can be seen, also the steel bar is bent upward, unlike the left wheel:
Here's the left wheel and this is the correct angle/shape of that part:
Here's the seat adjuster rod:
I was planning on selling the trike this summer before the crash, I think I still want to sell it after I fix it, but im sure no professional biker will want it, so I don't know, I would probably sell it pretty cheap $600-800 (from $1200) Any opinions on selling or fixing it after the legal things would be appreciated.
As far as the legal things, I still haven't contacted a lawyer or the company. Still kinda stuck at this point as to what I want to happen. Honestly id be happy with $100-200 from her (like a college girl has that money out of pocket) or from the insurance company, and just fixing the trike myself, but im sure they wouldn't give that unless I threatened them with a lawsuit or such. And im not sure if im gonna need a lawyer then if its such a low amount. Small claims court... Eh...
Luckily I still have my ebike that's in my profile picture that I can ride after im fully recovered and the snow here melts.
-Ugrd
Yeah I know, ive learned my lesson about the snow, and the salmon with against traffic. Just luckily It wasn't worse. I just walked out to look at the trike today, and I guess there isnt as much damage as I originally suspected, the right wheels supporting triangle weld cracked which caused the giant camber to the wheel, this could be fixed revealingly easily, I know a good mig welder (il still see what I can do about the legal stuff before I ask him) The seat moved to the left on but awesomely KMX thought about this incase a trike flips, so il just unscrew the seat and re angle it. Also the rear supporting seat bar adjuster cracked from the seat moving. The right tire amazingly isn't wobbling and none of the spokes broke or bent (which I thought for sure would be the case)
All of that could be fixed with some work, the alignment and track may have been messed up but im sure there's tutorials on how to do that for a trike.
Here are some pictures I took of the damage:
This is the right wheel, the crack between the triangle and the axle can be seen, also the steel bar is bent upward, unlike the left wheel:
Here's the left wheel and this is the correct angle/shape of that part:
Here's the seat adjuster rod:
I was planning on selling the trike this summer before the crash, I think I still want to sell it after I fix it, but im sure no professional biker will want it, so I don't know, I would probably sell it pretty cheap $600-800 (from $1200) Any opinions on selling or fixing it after the legal things would be appreciated.
As far as the legal things, I still haven't contacted a lawyer or the company. Still kinda stuck at this point as to what I want to happen. Honestly id be happy with $100-200 from her (like a college girl has that money out of pocket) or from the insurance company, and just fixing the trike myself, but im sure they wouldn't give that unless I threatened them with a lawsuit or such. And im not sure if im gonna need a lawyer then if its such a low amount. Small claims court... Eh...
Luckily I still have my ebike that's in my profile picture that I can ride after im fully recovered and the snow here melts.
-Ugrd
Hillhater
100 TW
Be sure to get professional repair quotes on the trike before you do anything to it. Tell the repair guys its for an insurance claim.
Likewise for the medical situation, get doctors reports, receipts etc. Just in case
dont go soft on the insurance claim...they wont be soft on you, and the other party has paid her insurance premium do it wont hurt her financially either.
Be careful about contacting the driver personally to try for a settlement, if everything goes tits up, that could be taken as attempted extortion !
Likewise for the medical situation, get doctors reports, receipts etc. Just in case
dont go soft on the insurance claim...they wont be soft on you, and the other party has paid her insurance premium do it wont hurt her financially either.
Be careful about contacting the driver personally to try for a settlement, if everything goes tits up, that could be taken as attempted extortion !
granolaboy
100 W
Ykick said:
+1
Great to hear you didn't get broke. Most drivers where I live (99%) do not ride bicycles or walk around; so naturally, they have no concept of what a pedestrian is, what they do, and most importantly when to look for them. People always pull over cross walks while you're trying to use them and make turns off the main road at the same time you're crossing the road their turning into. These people are totally oblivious and self-righteous, only rarely does a person realize they did something wrong. I am starting to get really upset, dreaming up ways to launch ball bearings at their fenders or mount a quick release brick on my handlebars.
