Hey guys, first and foremost I already contacted some lawyers, including one I know, but after multiple calls, emails and promises, I'm waiting longer to hear back from them than I would like.
What happened?
I got hit by a car 8 days ago. The car was speeding. Hit me from behind. It was a country road, plenty of visibility. The driver was just driving TOO fast, and TOO close to me, leaving me nowhere to escape. The speed limit was approximately 35PM, I was riding 20MPH, they were driving 70MPH twice the speed of all the other cars.
Not sure the extent of my injuries at this point. I've seen a few doctors already, got the X-rays, they think seperated shoulder and a bunch of torn ligaments in my elbow, which would explain why I can't use my left arm, and why its hurting like crazy around the clock. Bones look okay so far, so I'm lucky in that regard, but the doctors don't really know for sure until I do more follow up visits.
Starting therapy this week. Should have a better idea where I've at physically in a week or two.
If anybody has some general advice about handling this situation, please let me know:
Few details:
-Lady hit me from behind going twice the speed limit, have one witness' contact who "saw her speeding and driving erratically moments before the crash". Another witness "just saw me flying".
-Have all the drivers info. I filed a report with the police, (or at least tried to before rushing off to get medical treatment). Working on getting a copy of that.
-Not sure the extent of long term injuries exactly until I do more physical therapy
-I am keeping all my receipts for medical coverage, and doctors visits as well as detailed notes about my injuries and recover.
Her car insurance is definitely going to have to cover my medical bills, bike repair and time lost for work.
Do they also pay for pain and suffering or potential future pain even if my bones aren't broken? I have a high pain tolerance, and can usually recover quicker than other people, but I still need to make sure that I'm compensated fairly. I don't want to be in pain two years from now because I am a "tough guy" and instead of getting some money to help me take care of myself and get my life in order right now, I try to "see if I can live with the pain" and "worry about long term damage later".
Again, waiting to hear back from lawyers but any advice or suggestions appreciated. Thank you!
Replies
Oh no! I 'll let you know if I hear any good legal advice, I'll ask around. Hope you feel better soon.
you've got a two choices - sue for money and become a professional sick person or suck it up, move on and protect yourself so it doesnt happen again.
it looks like your discussion is structured around suing for money not healing so if this is the case, at the end of the day its what type of lifestyle you want to expose yourself to because you can play and drag on this accident for years creating a life style for yourself.
its all up to you.
it looks like your discussion is structured around suing for money not healing
I hope that if you get seriously injured from an accident no one comes along to tell you to "suck it up".
I've probably spent 50X as much time on this site, responding to other people's threads, trying to help other people out, than I've spent starting my own discussions (last i checked I have somewhere around 2000 posts), but for some reason it seems to bother you that I'm asking for help for once too.
Your post doesn't deserve a response, but even though I'm in a lot of pain right now and am trying to type with one arm, I still feel sorry for you. My body is broken, but unlike you at least my soul isn't broken.
I took that attitude and in hindsight wish very much I would have sued. I do think one does have to be careful about the mental aspects of being injured which is what I think your point is, but I do think you can sue at the same time if the insurance does not co-operate.
Now this is not "blame the victim" here, but in hindsight and for future rides for yourself and for us, is there anything you would change about your own actions or equipment that might have made a difference?
or was it simply egregious negligence on the driver's part over which you had no control?
This is a really complicated question in my opinion. The answer depends on the person and the situation. What would I do differently? I can't really think of anything. This accident only happens by this person driving double the speed limit and trying to pass me going way too close. I'm really focused on my recovery so far, I might have a better perspective once I've healed a bit.
Scary! Glad you're relatively fine… That driver could have easily killed a cyclist going that speed.
When car and bikes meet, the bike always loses no matter whose fault it is.
I cycle 150+ miles a week and try to stay off the roads with cars as much as possible, it’s never really safe as you found out. There's lots of (road)bike paths where I live
As for legal advice, the lawyer should be your best bet. For some reason drivers don’t see cyclist (because they are looking for cars) so they try to claim it’s the cyclist fault in some way because they didn’t see them… also happens with motorcycles to.
Heal up fast and good luck with this!
Kenny
Quick Update including some interesting facts that might be useful to others.
1. I hired a lawyer. The lawyer told me at first "Once the police report comes out, if it is favorable to you, I'll take the case. If its not I won't".
2. Got the police report. It has cause of accident: "Driver going excessive speeds." Lawyer saw this and signed up. Thankfully the police report was not filled in with bogus info by the cops.
3. Can't use left arm yet. Cant bend elbow or use shoulder yet. Working with physical therapist. 100% recovery expected in a few months.
4. My health insurance is refusing to cover any of the medical bills because "I was in an accident, and the other person's insurance needs to cover it". So I'll be forwarding all the medical bills to my lawyer.
5. There will be probably be a settlement in 9 months to a year.
6. Hoping to get back racing in a few months.
>>>100% recovery expected in a few months.
Very good news!!!
Good news on the police report too! Sending you happy healing vibes!!!
Yes. Very good news. The driver was going 70 mph in a 30 mph zone...when I left the scene to get medical help, I didn't know whether or not she had even received a speeding ticket...thankfully she did. It will make it much easier for me to get my medical bills taken care of and getting everything reimbursed.
Things are proceeding about as well as can be expected then. Hope everyone continues to do the right thing going forward.
Glad your mending prospects are good!
Now this is not "blame the victim" here, but in hindsight and for future rides for yourself and for us, is there anything you would change about your own actions or equipment that might have made a difference?
or was it simply egregious negligence on the driver's part over which you had no control?
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