My experience with Hit & Run while commuting on bicycle

RightHooked · 2011-01-23 20:24:02

During a hot summer day last year, I fell victim to the classic Right Hook. Responding officer told me to be thankful that I wasn't bleeding outward, failing to understand how painful a closed fracture is. This comment was just the beginning of my frustrations. As weeks went by, dealing with the hit & run investigator compounded my anxiety. I didn't know which way to turn. I needed to keep working and supporting my family. Over a month into treatment, dragging around a walking boot with more acquired medical conditions with every doctors visit. Then they found the liable party. I guess I don't have to tell any of you what minimum liability insurance covers. Who can afford a lawyer, with 1/3 off the top before medical costs are even deducted. My math leaves me owing for the accident!! I understand this is all one paragraph, I'm out on a limb. So I guess I could use a little support and advice almost six months later.

MichaelBluejay · 2011-01-23 20:49:19

RightHooked, thank you very much for sharing your story. I feel for you. Justice issues is one of the main reasons I got into bike advocacy. There are all kinds of problems -- police who take little to no action, prosecutors who fail to prosecute, juries which won't convict, media which unfairly faults the cyclists, drivers who hit and run us, and governments which don't do enough to make the roadways safe. So there's lots of blame to go around. And then there's the fact that if there weren't so many cars on the road in the first place, the roads wouldn't be nearly as dangerous.

I don't have good solutions to these problems. Over the years we've tried to make small dents in the problem, but that's all we've accomplished -- small dents. I suspect that when the price of oil surges and driving becomes even more of a luxury, the reduction in motor traffic will overnight dwarf all the efforts that bike advocates have been working for for decades.

In your case, as for affording a lawyer, if they work on contingency and can successfully sue, then that's free money for you, no matter how much the lawyer takes off the top. Something is better than nothing.

I'm curious if you know what happened to the driver? I'm guessing no jail time.

tomwald · 2011-01-23 20:50:38

Do you have _car_ insurance for yourself or others in your family? If so, that insurance policy may be able to apply additional funds toward the incident (that you had on a bicycle). I understand that the "underinsured" component of your insurance policy would apply.

RightHooked · 2011-01-23 21:01:11

Driver has been true billed. Felony warrant issued for arrest. Still out running around, living life. As far as the lawyer, I meant what I said, minimum liability would not cover my medical bills and the cost of an attorney, even if it came off the top, I would be paying someone.

To tomwald: we do have our own insurance, however, I am still undergoing medical treatment and I am approaching the end of my substantial PIP money. I am just now well enough (physically and mentally) to start attempting to recover property damages and surely feel another black eye coming from the liable insurer's insurance company when they decide my very road worthy (one was, anyway!) and we loved MTB will most likely be devalued to death (which would be its second death) and will surely piss me off!!

MichaelBluejay · 2011-01-23 21:52:32

I'm not following you. Why are you talking about minimum liability? If you file a civil suit you have the potential to claim the driver's assets, unless you know that they don't have any. And as for the expense of a lawyer, if the lawyer works on contingency, you pay only if the lawyer is able to collect damages that you were unable to collect yourself, and even then you're paying only a percentage of the collected damages, so you're out nothing compared to not getting a lawyer.

RightHooked · 2011-01-23 23:36:26

I'm sorry this is the first time to talk about the accident like this. Even though it is almost 6 months old I guess after telling police, D.A., doctors I just think everybody should know. Thank You for your answer. The perp. is Mexican lady, Mexico D.L. and according to asset search does not have 2 nickels to rub together. You may have guessed my wife the brunt of my frustration has been doing the typing until now. I'm the raw one that limps. As far as A civil suit the thought has been with me everyday but the police investigation was so botched they can't even locate her. You know I would not even known that if we weren't calling the D.A. time, and yes I will call again tomorrow (I,ll let you know how it goes). We have spoke to a couple personal injury lawyers and it was my understanding to pay bills that 25,000. minus 8,300. was what I would have left (a mri today is 4,800. + the Dr. fee to read it 400. after a bone scan 1,800. + 168. so we are looking to go it on our own. With help I hope from people who (1) loves bikes as much as I do for right at a half a century now and (2) have been there as I have been told you have. I will continue to write seeing, how I have a little extra time since I don't ride right now. I have always rode but never been on this side of the street, how narrow minded of me, go ahead we are friends you can say it.

RightHooked · 2011-01-24 00:02:46

Addition : Michael I just read your story, I am surprised you sound so calm I felt like I was reading my case. Man it sounds like we have had the same detectives, A real WTF moment. I'm sorry I'm laughing it's not funny sometimes that's all I can do.

RightHooked · 2011-01-24 21:03:37

Monday evening, I did call the D.A. this afternoon no word on where the liable party is. I did get the stock "we will let you know if anything comes up". So I thought I would call the warrants dept. the phone number in the phone book is not a working number "ain't that about right". I once again wonder if I was driving a bright red Hummer not a bright red MTB I would still be getting jerked around. So my wife and I went out to lunch, heck nobody else is working on this case. Justice I don't know where it's at.

Bicycle Austin forum

#1 2011-01-23 20:24:02

My experience with Hit & Run while commuting on bicycle

#2 2011-01-23 20:49:19

Re: My experience with Hit & Run while commuting on bicycle

#3 2011-01-23 20:50:38

Re: My experience with Hit & Run while commuting on bicycle

#4 2011-01-23 21:01:11

Re: My experience with Hit & Run while commuting on bicycle

#5 2011-01-23 21:52:32

Re: My experience with Hit & Run while commuting on bicycle

#6 2011-01-23 23:36:26

Re: My experience with Hit & Run while commuting on bicycle

#7 2011-01-24 00:02:46

Re: My experience with Hit & Run while commuting on bicycle

#8 2011-01-24 21:03:37

Re: My experience with Hit & Run while commuting on bicycle

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