Cyclist hit by car, did you see it?

[marc]

Hi,

A coworker was hit by a car this morning (Tuesday, May 29 around 7:30am) on his way to work. He was riding west up SW Taylor, entered the intersection at 3rd on a green light and was hit from the side by a car. He was banged up pretty good, paramedics came and gave him the okay to walk away and he is going to the doctor to make sure his back pain isn't due to anything serious. His Vanilla took it worse. The top tube is all dented in, the handlebars are bent and the shifter/ brake lever is smashed.

Although the woman was apologetic and said she is a huge supporter of bikes the officer did not site her for anything even though it seems she blew right though a red light and struck a cyclist. The officer did not talk to any witnesses nor did my coworker (he spent most of the time on his back).

I worry that without the police issuing a ticket or placing fault and without any witnesses, he may have trouble getting her insurance to pay for doctor bills/ bike repair. Seems to me that if he was driving a car rather than riding a bike things would have been handled differently.

So, in case there is a need, did anyone witness this?

Thanks,
Marc
my_addressis@hotmail.com

[groundshero]

This past Thursday (5/31) I woke up in the hospital with a concussion, a helmet in really bad shape, and a large gap in my memory. I don't remember getting there, though I learned later it was by ambulance, 5 hours earlier.

A note on the responding officer's Information Exchange form hints that I was doored, but there was no investigation, no citation, no witnesses questioned, no insurance info gathered, and no specific address of where this happened...just near 37 & Ainsworth. And this can't even be my word against theirs, because I can't remember a thing.

I agree. If I had been the driver of a car, this would have been handled differently.

[TiAx]

I remember an attorney once saying if your've ever in any sort of questionable accident, insist that the police officer tickets the other person. Even if the officer refuses, or gives them a tiny ticket they'll beat in court, it leaves the best possible paper trail to protect you, and if you have insurance, puts a certain onus, and power to your insurance company to go after the other person's insurance company.

I am not an attorney, and I'd like to hear one explain what to do in such a situation in a bike accident.

[Haven_kd7yct]

How does one insist a responding officer write a ticket when one is barely coherent?

Groundshero, I hope you can find a witness or two to help you out, and that you get better soon!

One would think that a victim requiring transport by ambulance to a hospital with a massive concussion would mean the offending person would get some sort of write-up or something.

[shinypurple]

I was struck by a car a month ago today, had no police intervention (other than being blown off several times), and went straight to the insurance (Farmer's). They talked with me, a witness, and the incredibly unapolgetic driver and determined that the motor vehicle was at fault. I would gather all the insurance info you've got and call the insurance company. File a claim against his insurance. They'll put an adjuster on the job. Emphasize the value of the bike, or else they probably won't know. (Auto adjusters don't necessarily know the craftsmanship and cost of a Vanilla.) File an accident report (Form 32) with the DMV. When you get a claim number from the insurance company, go to a doctor, making sure to tell them it's a Motor Vehicle Accident related visit. They'll bill directly to the insurance. Within a couple months or so you should be reimbursed and (hopefully) healed.

I'm sorry you got hit, but it sounds like the driver is admitting fault, which should speed things up a bit.

I hope this helps!