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View Full Version : Monday morning madness..


Coop
07-23-2007, 02:46 PM
Heading north on the Esplanade this morning at about 6:45a.m., I had just passed the Fire Station when this guy on a mtn bike turned onto the path attempting to head South. He came out from the parking lot area from behind one of those concrete bench/planters and I didn't see him until it was too late. I didnít have a chance to hit the brakes when I hit him broadside at about 15 mph. I was sent flying and he went down. After collecting myself and determining nothing on my body was clearly broken, I retrieved my bike. The fork is mangled and the handlebar is bent severely. The other guy and his bike were fine. He offered to exchange information, but the first number he gave me didnít work (I called while we were standing there). It seems he was at fault as I was not speeding. However, I did glance over at the trash can on the eastside of the trail just before the crash because I have seen a rat there from time to time and I hate rats.

For now I am without my bike and primary source of transportation. My leg, arm and ass hurt pretty bad. And damages are certainly going to be in the couple hundred dollar range. What should I do? Write it off as ďthank god I didnít break my neck or arm or legĒ? Or try to seek partial payment for damages to my bike from somebody who probably has less money than I do? How should accountability in such a situation determined?

Rixtir
07-23-2007, 04:20 PM
You are virtually guaranteed to get legal misinformation in a thread like this. You need to consult with somebody who is qualified to answer your questions-- an attorney. Find one who will give you a free consultation, or hope that an attorney will post here.

hydrogeek
07-24-2007, 04:28 PM
Hiring and attorney for this type of case will only cost you more in headaches and time than it is worth. you will probably spend more money to cover the legal costs than your bike is worth. Just fix your bike and get on with your life. Sorry to be blunt.

Rixtir
07-24-2007, 04:47 PM
Coop needs some sound legal advice to understand what options he/she has. Coop doesn't have to hire an attorney for this case to get that legal advice. I was suggesting that free legal advice from people who don't know or understand the law is worth exactly what Coop would pay for it; better to get that free legal advice from a lawyer.

vseven
07-24-2007, 06:45 PM
A consult with a personal injury lawyer may be free of charge, if you have no info on the perp it may be difficult no matter what you do. Did you by chance see his/her state ID or drivers license , license plate ? Insured ??? Bottom line, is s/he collectable ?

Coop
07-24-2007, 09:35 PM
Hydrogeek,

Thanks for the advice.. starting tomorrow I will get on with my life and get my bike fixed.

I shared this experience as it raises question regarding liability in bike accidents with other bicycles. As bike traffic and congestion increase, incidents like mine will only become more common. That's all.

Klixi
07-24-2007, 09:36 PM
However, I did glance over at the trash can on the eastside of the trail just before the crash because I have seen a rat there from time to time and I hate rats.

Do you think you would've avoided this crash if you had not been looking for a possible rat by the trashcan?

Coop
07-24-2007, 09:45 PM
Probably not. I went by there again today minus the adrenaline and hurt and I still can't believe somebody would ride around that corner without looking.

Rixtir
07-25-2007, 10:12 AM
Coop, check your PM.

nm973
07-25-2007, 11:40 AM
Coop, IMHO, if you make enough money to cover the cost, and based on your assumption that they guy is "more broke" than you, here is what I would consider.
Is a couple hundred bucks worth it? You may actually make this guys life a living hell for a couple months because he did the right thing and paid you, but he would have a hard time making his rent payment (or maybe not even be able to make it). Okay, that is worse case. But, how would you feel personally for making a guy be late on his mortgage/rent/checking payments if the few bucks didn't mean much to you, but it meant the world to him. Let him go, maybe he has a kid and he will be able to do something with those few extra bucks and give his kid something they would not have gotten otherwise. Who knows, but think about the movie Pay it Forward.

I am fortunate enough to not care about a couple hundred bucks, at least not that much. a couple hundred is not going to make me suffer at all, and I wouldn't ask this guy to pay if it was going to cause him suffer. Everyone made it out okay and bike stuff can be replaced. I would feel guilty (maybe my catholic raising) if I asked someone much less fortunate than me to pay a couple hundred bucks for something that I know I take a risk with every day.
Now, had the guy been riding a nice bike, I would have no problems asking for some of the cash, so I am a hipocrit. :)

For the record, and as an after thought. For those of you who think all people who have money are A-holes, please remember not ALL of us are A-Holes, and just because I have a nice bike/car doesn't mean I will screw someone less fortunate.

Coop
07-25-2007, 02:27 PM
nm973

What if your car was parked on the street and your not so wealthy neighbor accidentally threw a baseball through your windshield? It was an accident but you certainly shouldnít have to pay for it.

huss
07-25-2007, 03:04 PM
Well you should of hit the rat the last time you saw him. But realy paying total attention to what your doing could have prevented it.:confused:

nm973
07-25-2007, 03:40 PM
nm973

What if your car was parked on the street and your not so wealthy neighbor accidentally threw a baseball through your windshield? It was an accident but you certainly shouldnít have to pay for it.

Agreed totally, but my neighbor could afford it, soooo... Although the better example, if at a kids baseball game, I parked near the fence (stupid thing to do in my opinion) and a fly ball hit my car. I would bear the cost, and that would be the end of that. What comes around goes around, and I have been very blessed in my life and I am thankful for that, so I don't make others life hell in the hopes that it will make me better, and the next time I do something, maybe I will get it better than I deserved. Karma!

Coop
07-25-2007, 04:27 PM
nm973

I believe Karma kept me from breaking bones, that and an instinctive ninja roll. I also believe the guy should be given the opportunity to contribute to the cost of repairs. I wonít hold my breath.

As for the rat, if anyone sees that rat let him know my lawyers are looking for him.

nrkmann
07-30-2007, 09:09 PM
nm973 has it right. Most of us are really blessed and doing OK. We have health, a job, roof over our head, food on the table, and a nice bike. Let's focus on the good in life, build better relationships, be fair, and help our neighbors even when they are in the wrong. As a native Oregonian who has lived around the world, Portland is a great place to live and we need to keep it that way... nrk