got hit.
Thread started by
tchap at 11.8.10 - 1:10 am
i got hit tonight.
i was crossing the abbot kinney going east bound on venice.
the car was going north on ak and struck me in the intersection.
she stopped the car the second impact happened and began freaking out hysterically in the intersection. she was hugging me and holding me and checking to see if i was ok. she sat around with me and waiting for the police and offered to take me to her car.
my bike is wrecked. her car has a shattered windshield from my impact.
definitely a lame situation but i mean as far as accidents go.. i guess it went my way. im not seriously seriously hurt. lots of bruising and 2 fractures (1 in the knee area of my fibula and the other on my left thumb) and im still alive. the drive stuck around and waited me and was completely cooperative.
thoughts?
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Dang man, that sucks. Glad you are, i guess ok. Did the driver run a red light or somthing like that?
shotgun_mike11.8.10 - 5:19 am
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i was rolling the yellow. it turned red when i was like 1/3 the way through. i saw her coming off in the distance but felt like shed see me and slow. that was not the case. i kept looking at the car thinking "when are you going to start slowing? when will you see me?"
then next thing i know the car rolled up under me. very slowly. time got reallllllllly slow. she was skidding i was in the air. next thing i know i was on the windshield and then i flipped over and then when she came to a complete stop i flew off the car onto the floor.
creepiest part of all of this was that i was completely calm the entire time. it was like i had resigned myself to the inevitable, possibly dying and i was okay with all of it. totally serene, no panic, anxiety or fear... just calm and ready.
tchap11.8.10 - 6:33 am
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Sorry to hear about this. Glad you're healthy and in
Good spirits.
Keep us posted on your recovery.
Sounds like you had a near death experience.
Why do you think she didn't stop?
el sabroso11.8.10 - 6:56 am
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nah. older fat hispanic lady. she was scared shitless. shaking and everything. screaming out in agony basically like she was the one dying in the street. hah! but it was really nice of her to stick around and see it all the way though. i know people tend to bone out in instances like these...
tchap11.8.10 - 6:56 am
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she was going N on abbot kinney just south of venice. its a blind turn basically. i suspect she didnt see me until it was too late? i dont know. i was reading a red cardigan and black shorts. my legs are super white too... like reflector status.:P
tchap responding to a
comment by el sabroso
11.8.10 - 6:57 am
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Older fat hispanic lady! Gotta watch out for those! I've always been afraid of underage persian drunk drivers.
Or valium/xanax popping chix driving nice suvs.
This is :(
el sabroso11.8.10 - 7:04 am
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if it were an SUV i have no doubt i would have been seriously injured or killed.
tchap responding to a
comment by el sabroso
11.8.10 - 7:08 am
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Start taking pictures of all your injuries and damage to the bike if you haven't all ready.
If you got the woman's insurance information, you're going to want to make a claim with them as soon as possible. However, I suggest you talk to an attorney before dealing with the insurance company adjusters. Don't give them a recorded statement yet.
Did police respond and take a report? If not, might want to do that as soon as possible as well. Be careful what you say to them too.
Contact me if you have more questions about the process.
DJwheels - cyclist/attorney
djwheels@rocketmail.com
DJwheels11.8.10 - 8:18 am
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Sorry to hear you went down, glad to hear it was not worse.
It sounds like it was bad enough that it was obvious what needed to be done.
Some times when a crash is not quite as bad, bike and body "seem to be OK" and ppl just let it go.
I know I've done that woken up really sore, and was bummed that I didn't get any info from the driver.
-------
Do everything that DJ wheels says.
I would avoid saying too many specifics here until your case is settled.
Thatlady may be nice, but it will probably be her insurance company that will settle your claim, andinsurance companies are known to get over of uninsured ppl when the can get away with it.
trickmilla11.8.10 - 9:05 am
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ya thanks man!
police have a report, they were there within seconds. just happened to be cruising by and someone flagged them down. they have all of her insurance info. i dont really want to hit them up because both of us/neither of us? were at fault, i had a yellow which is still technically my right of way but it changed to hers. she came around a blind turn and saw me too late.
either way. he car is maddddd fucked up. im not looking to catch that bill via my insurance so ill probably just let this go. unless all of you think its a really bad idea?
tchap responding to a
comment by trickmilla
11.8.10 - 9:17 am
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I woudn't assume that you are at fault or make any admissions of fault.
I would get a copy of the police report and see what it says.
DJ Weels and he is an actual lawyer, so if he offers you any friendly advice, I would take it.
Sgt. Krumer's email is all over this site.
If you contact him regarding the circumstances of your crash he may be able to give you a clue as to who is at fault.
My unprofessional opinion is that if you entered the intersection legally, it is the responsibility of a driver to make sure the intersection is clear before entering the intersection, even if the driver has a green light.
Think about it this way.
If an old man is crossing the intersection and is too slow to make it through before the light changes, and a car enters the intersection and hits the ped. whose fault would it be?
trickmilla responding to a
comment by tchap
11.8.10 - 9:46 am
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police have a report. they were there quickly and have alll of her information incase i need it.
injuries were reported at the hospital but its nothing major.
i dont really know if id like to sue? whats the point? more stress for both of us. i dont think she was in the wrong nor do i think i was. it was a happenstance that worked out the way it did. nothing more, nothing less.
tchap responding to a
comment by DJwheels
11.8.10 - 9:46 am
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I can understand how people think lawsuits can be a hassle.
However, something you really have to take into account is the hassle you may have seeking treatment for your injuries and any future medical expenses you might have for your injuries. Sometimes, your own medical insurance won't cover all of your expenses in these incidents.
So it's really about making sure you're covered for your injuries.
Also, my friendly and free advice right now would be to NOT make any more statements about who you think is at fault. Keep those opinions to yourself right now.
Finally, don't expect LAPD to call you up and give you the other person's information. If the lady didn't give it to you herself or if LAPD didn't give it to you at the scene, you're going to have to make a formal written request through the Records Division and it may take a couple of months to get the report.
DJwheels responding to a
comment by tchap
11.8.10 - 10:03 am
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Damn, DJwheels is already on top of it! Thanks a lot Danny, i can't imagine how much time you spend answering folks on a daily basis. Your help is much appreciated.
tchap - I was in a similar situation when I got hit near the AAA building on Figueroa - it was partly my fault, but the lady's wasn't looking either. I was lucky that my insurance covered 85% of the bills. Everyone told me to sue, but I wanted karma to be on my side, so I didn't. Whether you follow through on this depends on your bills and your health. Hopefully there's no long-term injury that will surface in the future.
Either way, I'm glad you weren't hurt more seriously. I'm surprised that she stopped to help, that's pretty rare nowadays.
jericho1ne responding to a
comment by tchap
11.8.10 - 10:05 am
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CVC - 21456.3. (a) An operator of a bicycle facing a green bicycle signal
shall proceed straight through or turn right or left or make a
U-turn unless a sign prohibits a U-turn. An operator of a bicycle,
including one turning, shall yield the right-of-way to other traffic
and to pedestrians lawfully within the intersection or an adjacent
crosswalk.
(b) An operator of a bicycle facing a steady yellow bicycle signal
is, by that signal, warned that the related green movement is ending
or that a red indication will be shown immediately thereafter.
(c) Except as provided in subdivision (d), an operator of a
bicycle facing a steady red bicycle signal shall stop at a marked
limit line, but if none, before entering the crosswalk on the near
side of the intersection, or, if none, then before entering the
intersection, and shall remain stopped until an indication to
proceed is shown.
This is what I gather from the code above (keeping in mind that in most cases the rules for cars and bikes are the same).
It specifically
does not state that bikes must stop at a yellow light (as it does for a red light in section (c)
If you entered during a yellow, I read this as you were "in the intersection legally" and it is therefore the responsibility of the driver to yield to you. As the rule of the green light is to: "yield the right-of-way to other traffic and to pedestrians lawfully within the intersection or an adjacent crosswalk."
It sounds to me like the driver timed the light and entered the intersection at an unsafe speed withouth making sure that the intersection was clear of traffic (you) that was legally in the intersection.
I may be wrong, but I believe the driver is at fault.
Its worth looking into.
trickmilla responding to a
comment by tchap
11.8.10 - 10:20 am
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i will 100% look into it. the more i think about it, the more i know i need to do it.
thank you sir!
tchap responding to a
comment by trickmilla
11.8.10 - 10:43 am
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I've had similar close calls where I've technically had the right of way but the driver still does not see me. I don't cross on the red, yellows at all anymore.
Even if the light is green I make sure I see the front end of the cars bumper lower down to the ground to know they are stopping. Then I wait for the car to come to a complete stop and I can see the whites of their eyes before I proceed.
Because I've crossed intersections on green lights and had cars run their red and almost hit me because they did not see a bicycle in the intersection and thought they could get away with it because there were no police around.
I glad you did not get seriously injured.
Girl Power11.8.10 - 11:28 am
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@tchap
Stop typing ALL further accounts of this incident here or anywhere else on the web. Props for trying to educate ridazz so they can act with caution in similar circumstances and/or if this is a potentially dangerous intersection. But you don't know where this issue will lead, and you certainly don't want anything negative to be used against you in the future.
Call DJWheels asap. Both he and I advise ridazz on what to do after an incident. You've got good people on your side.
dudeonabike11.8.10 - 1:38 pm
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Ridazz Roulette!