View Full Version : Hit? Ponder this...

11-24-2007, 11:48 PM
So, you're riding along... doing nothing wrong, when WHAM!!! you're hit by a car. :(

You pick yourself up off of the ground, and although you are sore, you are not bleeding. Perhaps you talk to the driver, but don't feel the need to press the issue... and you go on your way...

Thanks for nothing buddy... http://forums.mtbr.com/images/smilies/mad2.gif

The only way we can get hazardous drivers off the streets is to press the issue. It's not only your health and safety that you just forfeited, it's every other road user out there that is now jeopardized.

If you are hurt in ANY way, call the cops. If you don't get the other driver's info, and he drives off it is a HIT AND RUN! Perhaps that guy doesn't have a valid Drivers License, or Insurance, or is Intoxicated, no cops (and I don't care if we are talking Portland, or anywhere else), no chance to get this turkey off the road. Do you really want the thought of someone else being hurt or killed on your conscience? :confused:

In Oregon, you have 3 business days to file your Accident (God I hate that Word) Report. It is required by law to be done in any injury accident. Don't and you might find yourself with your very own suspended license.

Come Jan 1, 2008, the Vulnerable Road Users Law (HB 3314) goes into effect. The following quote was taken from Cyclist death spurs new law (http://www.forestgrovenewstimes.com/news/story.php?story_id=118296648714337400)

HB 3314 sets a higher standard for road safety that imposes a stiff fine and possible community service on drivers whose carelessness causes the death or serious injury to another person. It creates a class A traffic infraction for careless drivers who hurt or kill a “vulnerable” road user, such as a bicycle rider, a skateboarder, someone on a scooter or a farm tractor or agriculture vehicles without enclosed shells.

Someone convicted of the infraction could face a $12,500 fine, hours of community service and loss of a driver’s license. The person also might be required to pass a state-approved driver improvement class before the driver’s license would be returned.

By getting your driver charged, you will quite possibly affect every other road user that crosses paths with them. The driver will be educated, fined, the community benefits from the community service. The driver's experience will quite probably intentionally or unintentionally serve as a reminder of our right to be on the road.

Even if you get nailed pre 2008 (as I did (twice this year)). The experience will sit on the mind of every other road user that comes past you as the cops are taking statements. http://bikeportland.org/forum/images/icons/icon3.gif

Now, even if you think you're not hurt, you might be, and not realize it. I once was involved as a witness to a bicyclist "T" boning a car on a sidewalk. The lady, a co-worker of mine, shrugged off the suggestion of medical attention/police involvement... I WISH I COULD GO BACK IN TIME! I didn't take the guy's info, I didn't know my rights as a bicyclist, I didn't do the things necessary to protect my friend. She didn't show up to work the next day, nor did she come back all the next week... Her shoulder was dislocated. Cops told her she had a FELONY HIT AND RUN on her hands. No Info, no way to track this driver down... no chance to check this guy out for warrants... get the picture?

In my own October crash, I was able to stand (barely). I demanded that the cops be called (and they were). EMTs, TVFR, and Beaverton PD were dispatched. Since I could stand, the EMTs pressured me not to be transported as I had family nearby (took over 1/2 hour for Mom to come and get me). The PD wouldn't let me sit in the front of one of the cruisers, and the back is hard and low, and I couldn't sit comfortably with my legs inside, or dangling outside. I was left to hobble to the park bench sitting outside the Jin Wah restaurant to wait. I was just left alone in the dark with my pain, and without my bike (the firefighters took it to the station for me). The driver was cited, but he doesn't have a felony warrant out for him.

I didn't get the driver's info, the cops were handling that right? NOPE! I had to wait till Monday (got clobbered on Friday night) to get the info from the PD, and even then they got the info wrong... I had to repeatedly call the driver to get his insurance info.

I insisted that I be taken to the ER, and THANK GOD! I held my ground on this. I was X-rayed and was told soft tissue injuries only. 3 weeks later, after falling a couple of times (Leg gave out) I went back to the Dr's office and was eventually told I had a fracture... then upon new X-rays, 2 fractures. The radiologist somehow missed them (non-displaced on 10/12... displaced on 11/3). AT LEAST I HAD THE X-RAYS ON THE NIGHT IT HAPPENED! There is no way that the insurance people can weasel out of paying for my injuries/lost wages/pain and suffering.

My story is still developing... I will update as the story evolves. See:

Insurance Settlement... yeah right!

Hit on 10/12/07...3 weeks later... they find... (http://www.bikeportland.org/forum/showthread.php?t=1341)

for more on that.

So, as I said, your injuries may not be apparent at the time of the crash. Get checked out! The driver's PIP should cover it... If not, and you have an insured car, your PIP will. Remember, I was walking and riding around on TWO broken bones for THREE WEEKS before I was told I had anything other than a "soft tissue injury". I have a torn ligament... Surgery? I don't know yet... Perhaps that's why they call it PRACTICING MEDICINE (I'm angry right now. Can you tell?). At least the driver is on the hook for my medical care. Oh yeah, and all this limping around in a brace is screwing up my back.

Join The BTA (http://bta4bikes.org), and take advantage of their *FREE* Bikes and the Law clinics.

Download your *FREE* copies of "PEDAL POWER" (http://stc-law.com/pdf/Pedal_Power_Jun19.pdf) and the "Action Pamphlet #1" (http://stc-law.com/pdf/ActionPamphlet.pdf) from Swanson, Thomas, and Coon's Website (http://stc-law.com).

Learn from those who went before you (Do you remember the saying "Those who don't learn from history are doomed to repeat it"?). You don't have to Re-Invent the wheel. Always remember there is support here.

For those of you who missed your opportunity, I regret that I wasn't around to help you, and you have my deepest sympathy. I'm doing what I can to prevent future incidents now.

Be Careful Out There
God Bless
Commander of the UFOBike (http://beam.to/ufobike)

12-02-2007, 10:01 AM
Perhaps, I should have titled this thread:
"Ponder This Before You Get Hit!"

But I don't want anyone to get hit... so, perhaps it should have been:

"What To Do IF you get Hit"
"WHAM! Hit by car... Now What? Things to know before it happens"

So, should I repost it with that title?

Be Safe Out There