Never posted here before but have gotten a lot of valuable information over the years. I was recently involved in a cycling vs. truck accident (all his fault) and have head trauma (basal fracture) among other injuries. The hearing in my right ear is gone and I have a balance, equilibrium problem related to the inner ear. Doctors tell me I will probably never hear out of the ear again but over time the balance problem will get better. They are also telling me it will be weeks and maybe even months before I am able to get back on a bike. Not looking for free medical or legal advice since I am getting some of the best I know in the area but I am wondering if anyone else personally has had such a situation and what the outcome was.
I have attached a link to newspaper article with details if you are interested. Most cyclist need to read this but it is not good.
Ugh. Thanks for posting this. My blood really started to boil reading that article. Why that guy thinks he has a right to drive, even though it was already jeopardizing others’ safety, is beyond me.
Wow! Sorry to hear of your injuries. I know you are not looking to punish the driver, but to get him off the road. I’m no attorney, but I’m wondering if there is a cyclist/attorney in the area that could take up a civil case on your behalf for no attorney fees. Sue him for $10.00 or the minimum amount and seek to get him off the road that way. Just a thought.
Dude sorry about your accident. It sucks you got hurt so bad and I hope you make a great recovery. I hate to say this, but I agree with the law enforcement in this case. It was an accident. Guy didn’t mean to hit, he’s sorry about and admits it was his fault. He wasn’t intoxicated and was within the boundaries of his restricted license. No actual crime commited, just a really tragic accident. What would giving the guy a ticket accomplish? He’s going to have to go back to the DMV to be re-tested for driving, and may not be granted a licencse.
Taking away someone’s drivers license is a bigger deal than you may initially think. Saying, “This guy’s dangerous, we need to take his driver license,” is a knee-jerk reaction if he didn’t commit a crime. You fail to consider the drivers position. He may be disabled and otherwise unable to provide for himself if his driving priveledges are taken away. How many senior citizens do you see driving around like they just escaped from an Alzhiemer’s facility and think the same thing? And yet we can’t take away their freedom to drive either.
I’m not saying this guy shouldn’t pay for what’s happened, and I’m not saying you shouldn’t get totally rich off this if you can. I’m saying that it sounds like this was an accident, not a crime, and it should be treated accordingly.
I work on an Ambulance as a paramedic, and have for the last 10 years. One afternoon we got calle dto a daycare where a kid had beeen locked in a van in the parking lot all day. He was dead. His mother actually ran the daycare and the story was she was running late, hod other kids in the car on the way to work, and all the kids were going on a field trip. A moments distraction and her child died what must have been an unbelievable painful, slow and lonely death.
The police didn’t issue a citation. My partner, the firemen and hospital staff were all howling for her to be publicly hanged immediately. To me, I thought that would be merciful. How could giving her a child abuse charge, or putting her in jail, or even executing her be any worse than the inescapable guilt of knowing for the rest of your life that your child died in such a horrible way because you weren’t paying attention?
Of course this isn’t the same thing, but my point is you do have to consider all the parties here.
I’ll go ahead and respectfully disagree.
Driver fails to yield – should be cited for failure to yield, additionally he should be cited for careless driving plus whatever if any specific violation of his personal driving restrictions.
Failure to yield is negligence per se - eg. assigns fault to the driver.
The “didn’t mean to hit” has nothing to do with these above citations – if he had intended to strike the cyclist then the charges would be more along the line of attempted vehicular manslaughter.
If the driver was in violation of specific restrictions and / or under the influence of drugs / alcohol then punitive damages would be available - but not for the facts as provided.
Why cite the driver? - So that it goes on his record so that the next time - and unfortunately it sounds as if there will be a next time, this episode will be documented not only by his insurance company but by law enforcement.
Does anyone think that the liability insurance company would just say “Oh yeah, we are at fault and sure we will cover your expenses” unless it is really obvious that the insured was at fault?? Insurance companies are not in the business to pay claims so when they offer to pay you know almost for certain the insured was at fault.
I didn’t really follow the ‘is a knee jerk reaction if he didn’t commit a crime.’ - possibly because it seems we disagree that a crime was committed and I think that you are perhaps confusing a crime with intent. The driver doesn’t have to have any intent to commit this crime.
Driving privilege – not “freedom to drive” - almost everyone confuses this point.
If the driver was in violation of specific restrictions – revoke his privilege .
If you feel bad for revoking his privilege then think of revocation as society protecting him from himself - as of course he could have just as easily been critically injured himself.
This case is excellent support for what we, as a society, need to do, which is be more proactive on revoking driving privileges.
“Do you concur?” - Frank Abagnale Jr. regarding treatment of the leg wound.
“Concur? Concur with what?” - Intern
“With what he just said.” -Frank
“Well, the boy fell off his bike…he told us that.” - Intern
“Well then I can see you don’t need me here. Good work, men.” - Frank
Wow, you are lucky. I have 2 friends who have had basilar skull fractures. 2-3 weeks ago a friend of mine was found in a parking lot outside his apartment after slipping on ice and hitting his head. We don’t know how long he was down, but he had basilar skull fxs and an epidural bleed on the brainstem. He died 3 days later in the ICU.
In grad school I had a roommate who grew up on the beach, was a lifeguard in Ocean City for 20+ years, and competed in all the lifeguard swimming and rowing events-- competed at the national level. He was an amazing athlete. We got the remnants of a hurricane passing through and the waves were big. He was out body surfing and boogy-boarding. Somehow a wave grabbed him wrong and drove him head first into the bottom. He was initially paralized and the wave washed him ashore. He then started to get a little movement in his arms and was able to pull himself out of the surf. He was transferred to a trauma hospital where he was found to have basilar skull fxs, c1, c2, and jaw fxs. He definately damaged several cranial nerves-- he has no taste in half his mouth, trouble hearing in one ear, facial numbness. Amazingly he is not dead or paralyzed.
I hope you the best. Very scary and serious injury.
I was hit by a car just over 3 weeks ago. I was passing through an intersection when a woman started turning out of the stip sign. I was right in front of her and she knocked me into the middle of the street. Fortunately, I got through it with nothing more than an ambulance trip to the ER, some road rash, bumps, and bruises, and a busted-up bike. I tell myself every day I was extremely lucky. I read your story and, once again, count my blessings. I knew two people in college who were killed on their bikes by drivers. I know at least three other cyclists who have had major accidents involving cars and trucks in the last year. One of them was a hit and run. Slowman had some safety articles about a year ago. I think about them all the time now when I’m out riding.
The driver should have been cited. When I was in law school I interned for the district attorney’s office in traffic court. A conviction can provide strong evidence in any subsequent civil litigation if there is any dispute as to fault. Although it sounds as if there is no dispute as to fault in your accident, law enforcement does not necessarily know that there will not be a dispute when an accident occurs. If a traffic violation, even an infraction results in an accident officers should, as a matter of practice, issue citations.
Thanks to all for your thoughts and encouragement. I have no idea why this happened to me but trust me I know it could have been a lot worse and I wake up every morning thankful to be alive and in no worse shape than I am in. I am trying to make the best of it and those of you who have been through it know that a near death experience changes you. I have had family and countless friends that have been there for me and held my hand when they could not even tell it was me. Do not want to get too mushy here because I know we are all a bunch of tough guys, but just be a little thankful every day.
Thanks, still trying to figure out exactly how I could have been any safer. Witnesses said I did not have a chance and I know when I get back on bike there are still no guarantees.