ATTN; ROADBLOCK
Thread started by
buckchin at 09.23.09 - 3:46 pm
i was wondering if you have the lawyers numbers you used with your hit and run. i was riding to work this morning and car door swung open hitting me making me fly off my bike. i broke my arm and rib.
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they said i need sugery. i dont have insurance and think it is lame i have to go to county and wait 8 hours for help. if anyone else has advice it would help
buckchin09.23.09 - 3:50 pm
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First, that sucks... but, on another note...
seriously... im interested in knowing whether or not this kind of incident is even the drivers fault?
I space my distance from parked cars... so that (hopefully) this wont occur.
What is the ruling on these incidents? I tend to think its the cyclists fault, unless their is some intention to hurt the cyclist.
Anyone have experience with pursuing this issue?
(sorry... i guess it is like crack, but i beat the habit... and im actually really interested in this post)
md209.23.09 - 3:51 pm
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i know in some counties you can get ticketed for almost being doored. so then i assume the liability is with the driver if you really do get hit.
_iJunes responding to a
comment by md2
09.23.09 - 3:53 pm
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i was spaced far from the cars. it was a mustang 2 door. very long doors. and it still only caught the side of my handle bars. the cop said he was putting it down as her fault.
buckchin09.23.09 - 3:57 pm
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If you got their information first talk it out with the person to cover your medical bill and so forth if not then call their insurance company and make a claim they will reimburse you for the cost of the medical bills and your loss of bike(must have receipt for the most part) and days you missed of work ive had this happen 3 times first the lady bought me a new bike and medical not the days i missed of work second time the insurance cover my days off work and paid my medical bill and got my bike repaird and 3rd time insurance didnt do shit the lady actualyl paid my medical bill but no bikes:((( but i did file a report at the dmv and she got point on her record(insurance told me to do it to see if its possible to allow the claim)
BLAHER responding to a
comment by md2
09.23.09 - 3:58 pm
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i was instanly taken to the hospital. but the cop got her info
buckchin responding to a
comment by BLAHER
09.23.09 - 4:02 pm
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it is the driver's responsibility to check for cars coming before swinging the door open.
dooring is absolutely never your fault.
unless you wait for it.
_iJunes responding to a
comment by buckchin
09.23.09 - 4:03 pm
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do not talk to anyone until you get a lawyer.
1.
Tom Forsyth
Los Angeles based bicycle accident attorney
forsythlaw@aol.com
(213) 252-9338
2.
"Gary C. Brustin
www.bicyclelawyer.com
3.
Forsyth
www.bicycleattorney.com
According to both of their websites, they'll give you a free consultation.
One of the first things they will want to know is how bad were you hurt and did you get any information on the vehicle that hit you. They lack of either of these will pretty much determine the value of your case and the length of your free consultation.
Hopefully you have their information (license plates, driver's license #, name, make/model of vehicle, insurance policy #). Like, Sexy said, if you don't have the time or patience to deal with asshole insurance adjusters, an attorney will deal with them for you, but they will take a cut.
Start keeping track of all your damages, both physical injuries and property damage. Take pictures of your injuries and any damage to the bike. Get an estimate from a bike shop for the repairs to the bike. Keep all your receipts for medications, even over the counter stuff. Keep track of any doctor's visits. Insurance adjusters will want to see all of these records. Think of them like poker chips because they are definitely worth something and make the value of your settlement higher."
4.
Jose R. Paz
LAW OFFICES OF MICHAEL V. SEVERO
811 Wilshire Blvd., Ste. 1005
Los Angeles, CA 90017-2636
213-892-0018
213-892-0323
jpaz@mvslaw.com
Joe Borfo09.23.09 - 4:04 pm
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call her insurance and make a claim stating what happend they should cover you for the medical bills and repair of bike like it was a vehicle accident but about the days off work im not sure you have to fight that with the insurance because cop said it was her fault and hes a witness(im guessing) you should be good
BLAHER responding to a
comment by _iJunes
09.23.09 - 4:06 pm
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dont talk to insurance until you talk to a lawyer.
Joe Borfo responding to a
comment by BLAHER
09.23.09 - 4:09 pm
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well in a way, good for you...
i just though because I know two instances where a vehicle was doored (?) and the driver or vehicle that hit the door was responsible. (maybe its case by case)... never looked into it... and i guess i just thought the same about cyclist.
anyhow, good luck...
md2 responding to a
comment by buckchin
09.23.09 - 4:09 pm
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cool thanx joe. do you think i should try any of them first? i didnt get any info. but cops talked to her and got her info. i only have a police report number. i dont even know how bad the bike is. the cops took it to the station and said i could pick it up later.
buckchin responding to a
comment by Joe Borfo
09.23.09 - 4:09 pm
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well the time ive been hit by cars on my motorcycle/bicycle its been easier to deal with the insurance much quicker for me so far and got everything taken for except for the last time on my bicycle i tried a lawyer once didnt work for me next time ill try it
BLAHER responding to a
comment by md2
09.23.09 - 4:11 pm
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DOORING IS TOTALLY THE DRIVER'S FAULT, SHOULD BE AN EASY CASE.
X-Large09.23.09 - 4:11 pm
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HAVE THEM TAKE PICTURES before removing it from the station trust me ive had this problem too
BLAHER responding to a
comment by buckchin
09.23.09 - 4:12 pm
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I put it in the order of recommendation on previous forums. Forsyth is the most popular.
Joe Borfo responding to a
comment by buckchin
09.23.09 - 4:12 pm
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The person opening the door is responsible for where the door goes, they are entering traffic. If they got their door hit by a car or a bike, they are responsible for the damage.
Talk to a lawyer, and if you deal with the insurance company yourself, don't take any low ball offers to buy you off. They will often quickly try to wrap up the case with a few hundred dollars before you really get a chance to know what damage has been done to your body.
thegodofthor09.23.09 - 4:13 pm
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stay tuned to see what Roadblock does say though.
Joe Borfo09.23.09 - 4:18 pm
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Sorry for the hijack,
but were you riding in a bike lane? I am curious because bike lanes to me seem seriously flawed. I am sorry this happened to you and hope you get well soon.
Foldie responding to a
comment by Joe Borfo
09.23.09 - 4:23 pm
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Traffic has the right of way over parked cars. Bicycles are considered traffic in California. When exiting or entering a parked car, the driver in the parked car has the obligation to make sure that their actions will not affect the flow of traffic on the street.
Lawyers take a lot, get one if the insurance company won't give you what you need, if you don't know much about law and aren't feeling proactive get the lawyer first.
studiodrome09.23.09 - 4:27 pm
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Getting doored sucks ... I got kinda lucky I didn't break anything and luckily someone was behind me when it happened ... but you should report this 4sure. Hope you get well...
OsnapsonJC09.23.09 - 4:28 pm
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i just think its not fair i have to wait for 8 hours at county. it will only save the insurance company money while i suffer
buckchin09.23.09 - 4:33 pm
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no bike lane. and i did have a good distance between me and the parked cars
buckchin responding to a
comment by Foldie
09.23.09 - 4:36 pm
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contacted Tom Forsyth. seemed nice. he is going to come over later.
buckchin09.23.09 - 4:46 pm
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Forsyth was recommended by Stephen Box and Alex Thompson.
Good Luck.
Joe Borfo responding to a
comment by buckchin
09.23.09 - 4:51 pm
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yeah he said he would come by my house later tonight.
buckchin responding to a
comment by Joe Borfo
09.23.09 - 4:55 pm
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mother fucker...
i didnt know it was you all this time... I should have never encouraged you to start riding a bike...
dude... ill hit you up later... if you need anything let me know...
ill fix your bike if it can be repaired... ill help you out.... damn...
hahhaha... welcome to riding a bike... is this your first crash? i think you had one before, right?
md2 responding to a
comment by buckchin
09.23.09 - 5:09 pm
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crashed last week too coming home from art walk. wasnt that bad. i was trying to think of a good way to fuck with you , but could not think of anything. maybe saying you dont know shit about hip hop, or you suck at kickball.
buckchin responding to a
comment by md2
09.23.09 - 5:16 pm
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i tried calling you...
anyhow... did you get hooked up with pain killers?
If not... ummmm... you gonna be home? Ill try swinging by if you need anything... just let me know....
fucking sucks dude... but you'll be cool, and ill help you find a dope rig if you get a nice $$$$$$$$$$$$$.... custom... with a bell...
you definitely should take up a genuine and honest addiction to morphine (nows your chance)...
ill relapse with you if you want.
md2 responding to a
comment by buckchin
09.23.09 - 5:23 pm
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he has a lawyer visiting tonight...
he was wearing a helmet too.
md2 responding to a
comment by Roadblock
09.23.09 - 5:43 pm
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yep wearing a helmet. police have that too.
buckchin responding to a
comment by md2
09.23.09 - 5:53 pm
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just retained the sevices of Tom Forsyth. nice guy. ironicly his office is two blocks from house.
buckchin09.23.09 - 7:31 pm
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