I was hit yesterday by a wreckless driver…

Our Community Forums General Discussion I was hit yesterday by a wreckless driver…

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  • #910664
    guacamole62
    Participant

    I still can’t believe it. Yesterday I was cycling to work going East on Irving Street heading towards Michigan Avenue when I got hit by a reckless driver. Irving Street is 3 lanes wide but opens up into 4 lanes whenever an exit lane approaches. So as I started to approach the last turnoff lane which begins about 50 feet before the N Capital St Exit, I moved into the right side of the lane going straight. This puts me in between the turning lane and the lane going straight… just where I ought to be. All of a sudden I hear a car on my tail honking long and hard. I’m thinking it must be a nervous driver who wants to pass on my right as I know there is already plenty of room to pass on my left if she wanted. So in a gesture to give her a little more room and let her know that I knew she was behind me, I shifted about 4″, literally no more than that, to my left, still in the lane going straight and still reasonably close to the right. I continued to hear long loud honking and she was still on my tail. WTF? So I shifted back to my original spot , hugging the right edge of the lane going straight. Maybe she wants to pass me on the left? I had no idea at this point what was goin on behind me. I continued to hear the honking, long and hard and I could tell this person wasn’t slowing down. It sounded like a truck barrelling towards me. As we approached the exit, it happened. I was hit from behind and the next thing I knew, I was scraping down the asphalt for approximatele 6’ listening to the sound of my helmet scratching the ground and just praying. I landed about 5’ in front of her car and thank goodness the driver following her stopped right behind her car so she couldn’t get away without hitting me again or backing up into that other women;s car. She had nowhere to go. If she went forward she would me again. She can;t back up b/c another driver has stopped immediately behind her. Thank goodness because I’m sure she would have tried to get away.

    The driver got out of her car and started yelling at me. Shouting expletives and asking me what I was doing biking in the middle of the road. I could barely get up. I remembered my phone. I was shaking, my adrenaline was rushing. I dialed 911 (not she) and had difficulty talking to the operator b/c the connection was bad. The operator kept asking me over and over again for info. After I read her the licence plate number and told her my location her response was “what state are you in?” It was totally f****ed up. As I’m dealing with this a Metro Transit Officer drives up and calls an ambulance and the police. Across the street a man has stopped his car and is watching the whole thing. The woman who has stopped behind the driver who hit me is also watching. I give up trying to talk with the 911 operator and hang up. Before long an ambulance and fire truck arrive. The woman who stopped to help has to leave. She assures me she has given the Transit Officer her contact info and wishes me well. They strap me onto a board, neck brace and all and I am shaking and crying hysterically. I want to stay to talk to the police. They haven’t arrived yet and I am assured by the Transit Police Officer that he will give them the witness’ contact information, etc. I want to stay but the EMTs insist I have to get to the hospital immediately and the police will meet me there for questioning. What could I do? I couldn’t move and they had already wheeled me into the ambulance.

    I never saw the police at the hospital. I learned today that they didn’t feel like hanging around waiting for me to finish my tests. What I don’t get is that they did show up but instead of talking to me they asked the hospital personnel to ask me for my contact number. When this happened I was nowhere near having my tests taken. I was in a holding room. Why couldn’t they have questioned me then? Maybe because they knew that they weren;t going to waste their time actually listening to what I was going to say. Maybe it was already a done deal in their eyes.

    Last night when I arrived home, I called the Police Department and was told that the officer handling my case was off duty. That there was a case number but that the report hadn’t yet been filed. Presumably because the cops hadn’t spoken with me yet. At 12:00 this afternoon after the painkillers wore off, I called the precinct and asked for the officer that was handling my case. They said he was on the street. That they would call him and he would get back to me. No response. I awake just before 3:00. I call the precinct again and the administrator tells me my cop is already off duty. After I make a stink I’m told that they were able to finally contact him (how lucky am I?)and he would call me back shortly. He calls back informing me that he is driving the patrol car and he’s not really supposed to be driving while talking but wants to know my side of the story. I ask if he spoke with the driver of the car. He said yes. I asked if he ticketed her. He responded incredulously as if my question was naive “of course not. It was an accident”. It’s her word against yours. So he then proceeds to ask my side of the story. As I’m talking he says, well I’m not supposed to be driving and talking at the same time. Oh really? How the hell are you going to write the report then? Is this the undivided attention that the driver got when she told you her story? I tell him what happened and his response was “that’s not what she told me” Duh. Of course it’s not. What do you think she’s going to say? You moron? “Did she tell you how long she was honking at me for? Did she tell you how she was on my tail and never even attempted to slow down? Did she tell you how she got out of her car and started screaming at me? Did she tell you that she never even asked “are you OK” or said “I am so sorry”. She had no remorse at all. Did she tell you that?” I asked. Yeah. Right. Of course she didn’t. Then I asked if he spoke to the witness he said yes. I proceeded to ask if she was able to corroborate my story. He said he needed to give her a call tonight and that my report would be ready for pickup tomorrow afternoon. So did he or didn’t he talk with her? Then he said he had to go and that he wasn’t supposed to be on the phone while driving. Click. That was it. I didn;t even have a chance to ask if he got any information from the Transit Officer who also witnessed her screaming at me and my recounting of the incident….not to mention her bad form.

    I am livid and am hoping someone on this forum can give me some good advice. This was clearly a case of reckless driving and I’m sure this driver is going to do it again, espoecially if she gets off scot free. What does this say about our rights as cyclists? Are we really just sitting ducks at the mercy of the automobiles on the road? I’m also really upset with the flippant attitude of the police who my tax dollars are paying for. I’m seriously considering going public with this.

    I am pretty bruised up. My right hip and buttocks are very bruised and I am feeling pain in my neck, shoulder and back and also in my right leg. I’ve been x-rayed, cat scanned and ultrasounded and all the tests luckily came out negative. I just hope I’m going to experience a full recovery.

Viewing 15 replies - 1 through 15 (of 38 total)
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  • #933111
    americancyclo
    Participant

    That sounds awful. I hope you are healing and take time to rest and recover properly. WABA has some good info on what to do in a crash, and even though it is after the fact, I’m sure they could offer some advice. There is a phone number to contact them on this link:

    http://www.waba.org/resources/crash_faq.php

    #933112
    pfunkallstar
    Participant

    I’m glad to hear that you are okay. From what you have described this definitely sounds like a case of aggressive/reckless driving. My first piece of advice would be to find a competent lawyer to bounce a few things off of. In the meantime you need to:

    1. Have your statement taken in person at the precinct headquarters – no exceptions.
    2. Secure a printed copy of your statement.
    3. Ensure that you have access to or copies of all pertinent medical findings.
    4. Collect relevant contact information either from the case officer or others.

    From there any legal professional should be able to start pressing the right buttons to get this investigated and pursue any personal injury claims.

    Feel better.

    #933114
    Greenbelt
    Participant

    Was the driver arrested? That doesn’t sound like an “I didn’t see the cyclist” case. That sounds like deliberate assault, battery, possible worse. Deliberately crashing into another vehicle is a serious crime.

    #933115
    jrenaut
    Participant

    Wishing you a speedy recovery. Were you taking the route on the north side of the hospital? That stretch of road could certainly use some traffic calming. I know, because they put in a speed camera on the road on the south side, so I stopped using the south side when I’m driving.

    I’ve never seen much traffic on that road – seems like a good opportunity to take out a car lane and put in some bike infrastructure.

    #933117
    guacamole62
    Participant

    @pfunkallstar 11410 wrote:

    I’m glad to hear that you are okay. From what you have described this definitely sounds like a case of aggressive/reckless driving. My first piece of advice would be to find a competent lawyer to bounce a few things off of. In the meantime you need to:

    1. Have your statement taken in person at the precinct headquarters – no exceptions.
    2. Secure a printed copy of your statement.
    3. Ensure that you have access to or copies of all pertinent medical findings.
    4. Collect relevant contact information either from the case officer or others.

    From there any legal professional should be able to start pressing the right buttons to get this investigated and pursue any personal injury claims.

    Feel better.

    Thanks. I will definitely go to the precinct to have them take my statement in person. My worry is that if they already filed the report, can it be ammended? You bet I want to have his investigated but in respect to bouncing this off a lawyer, I’ve been told by an attorney friend that they are skeptical any attorney would want to take the case because there were no broken bones.

    #933118
    guacamole62
    Participant

    @Greenbelt 11412 wrote:

    Was the driver arrested? That doesn’t sound like an “I didn’t see the cyclist” case. That sounds like deliberate assault, battery, possible worse. Deliberately crashing into another vehicle is a serious crime.

    No arrests. Not even a ticket. I asked the officer if he wrote up a ticket when I spoke to him on the phone. That’s when he replied, well it’s her word against yours. What does that matter?, I thought. She hit ME. I was visible to her while she was driving for at least half a minute!

    #933119
    guacamole62
    Participant

    @americancyclo 11409 wrote:

    That sounds awful. I hope you are healing and take time to rest and recover properly. WABA has some good info on what to do in a crash, and even though it is after the fact, I’m sure they could offer some advice. There is a phone number to contact them on this link:

    http://www.waba.org/resources/crash_faq.php

    Thanks to everyone for all your support. Yes. I left a message with Shane yesterday. Hoping to hear back from him.

    #933120
    vvill
    Participant

    Really sorry to hear about this horrible story. The non-response of the police is sad. I hope there’s someone here that can give you some good advice – that driver needs to be prosecuted.

    Best of luck in your recovery.

    #933121
    Justin Antos
    Participant

    Wow. Geez, this is terrible, serious stuff. Good luck with your recovery, and trying to make it right.

    #933135
    eminva
    Participant

    First, glad that you are recovering and that your injuries were not more serious. I hope your recovery continues apace.

    Second, please take a look at this thread:

    http://bikearlingtonforum.com/showthread.php?1383-Crash!!-You-ve-had-an-accident-with-a-car.-What-do-you-do-now&highlight=deming

    Please, whether you go through a lawyer or on your own, continue to pursue this with the police. You can go up the chain of command if you have to. Do not hesitate to do so. There are lawyers who specialize in helping cyclists in your situation; ask WABA for a referral. According to your account, there are witnesses and this sounds like assault.

    Finally, sorry to go all lawyerly, but be cautious about how much you say and how you characterize it on a public forum like this — even a characterization as “reckless” has certain legal implications, where the conduct you are describing is intentional, NOT reckless. We all want to help and are always looking for information about the dangers lurking out there for us cyclists, but we want to protect your interests, too.

    Best wishes.

    Liz

    #933141
    guacamole62
    Participant

    Thanks Liz,

    You are so right and I appreciate your concern. It’s hard for someone not familiar with the legalese to know how to describe the scene accurately enough to get good advice and not make mistakes in the telling of the story. I really have nothing to hide here, but I hear you. I’ve alreadu spoken with a lawyer and he has the accident report.

    #933151
    WillStewart
    Participant

    This story really raises my hackles about roadhog drivers with hateful attitudes. Did the driver behind her see the crash? Even if you were taking up the right side of the lane, you had the right of way.
    http://waba.org/resources/laws.php

    You should have access to her insurance information, and they MUST pay for all of your medical expenses. And who knows what latent injuries will surface in the coming days/weeks.

    #933160
    baiskeli
    Participant

    Sorry to hear that, and I hope you feel better and get justice too.

    Is it too early to note the irony of your misspelled thread headline?

    #933270
    guacamole62
    Participant

    @baiskeli 11460 wrote:

    Sorry to hear that, and I hope you feel better and get justice too.

    Is it too early to note the irony of your misspelled thread headline?

    Actually, It’s too late :-) I saw it the second I hit the “post” button and noticed the irony at once. Therein lies the ugliness and beauty of electronic transmission.

    #933287
    WillStewart
    Participant

    Any updates you can share?

Viewing 15 replies - 1 through 15 (of 38 total)
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