jakbikesdc

From 2004 - 2011 I lived/survived as a carfree cyclist in Florida, the state with some of the worst cities for cycling in the US. Pensacola, FL was preeetty scary even for this cyclist. I've crashed hard in the street with traffic all around a number of times while I was learning how to ride a fixed gear bike. I've been tossed over the bars and flat onto the trail while mountainbiking in the woods. I've been checked into the fence many times in bike polo games and have skidded out way too many times going full speed ahead to make a shot on goal. I've even narrowly avoided being cutoff and run-over by a Jeep driver switching lanes in the heart of downtown NYC traffic as I was riding to Penn Station to catch a bus. "Living life too close to the edge, hoping that I know the ledge"...By tip-toeing the edge of the road one hopes to slip by the probability that the chances of a cyclist/vehicular interaction increase with every day cycling in the road. It's statistical reality that tells you that it's not "if" but "when" you get hit, how bad will it be.

Today (7/31) was that day; and luckily/god-graciously/fortunately for me getting knocked off the edge wasn't that bad. But it wasn't fun. What is ironically funny about today is that even having lived on the coast for 6years and having cycled over 1600miles to move to landlocked Colorado, I was hit and knocked off my bike today by a BOAT! huh?

This morning on my 2.5mile bike ride in to work, a truck driver with boat-in-tow tried to pass me as we were approaching the roundabout on Ogden Rd. (speed sign says 15mph) Here's a streetview of where this occurred: https://maps.google.com/?ll=38.4509,...281.09,,0,5.25

In the moment that I began to tense up thinking, "REALLY, dude!?, this trucks gunna pinch me off the road..." the bow of a BOAT comes into my left peripheral view at the height of my left shoulder. My mind begins calculating: if the truck driver already cut back in too close for my comfort and then I see a boat right behind it ..."OH! SHH!" shiny boat hitch as I am knocked off my bike to slide onto the road's gravel edge. I sit up on the gritty edge of the asphalt, quickly trying to blow and brush the gravel out of the shredded, bleeding edges of my left elbow, knee, and hand before the adrenaline tide washes away leaving painful shards of skin open and exposed to the air.

The edge of the boat's trailer (i think?) hit the back of my rack knocking me up and off my bike to the gravel edge OUCH! I am scraped up. But I've been scraped up worse in the past by activities including rollerblading, playing soccer in the street, climbing trees, playing in the river, playing tag in the woods, games of bigwheel/bike-tag and on surfaces of dirt, gravel, rock, sand, concrete, and asphalt. So this is nothing new...except that I GOT HIT BY A BOAT!!!!
Though my rack will have to be replaced, my bike's just fine, since my body's edges took the majority of the friction from sliding off the road. His friend in a truck with jetskis-in-tow stopped behind me when he saw what had happened. Good thing, because the boater-driver didn't know he had hit me until he returned to see what was holding his friend up at the roundabout. Coincidentally, a coworker of mine, saw the whole incident as we were both headed to work on the same road this morning. She had the mental clarity to get the driver's name and number as I was trying to mop up the crimson flow coming from my wounds with napkins I had to ask the boater driver for. The driver said that even though he hadn't realized he had hit me, he was thankfully relieved that I wasn't seriously injured and would pay for any damages to my bike. I told him we'd deal with the details later, but since I have your attention, I have to tell you a story of the event that happened last week in the same spot:
"On my way to work, at that same roundabout and at the same distance from the roundabout, I had to assertively cutoff a driver by "taking the lane"(a cyclist moving to the center of the lane) to prevent the car from passing me too closely. Through my peripheral, I could judge that that driver was about to switch lanes to pass me, which would in turn force the driver to squeeze by me--like you did-- to get back in the lane before hitting the concrete edge of the roundabout. So I quickly took the lane just as the driver was speeding up to try to pass me. That driver got the message that I didn't want to be overtaken and would consequently have to 'drive slowly' behind me through the roundabout. He/she laid on the horn while entering the roundabout, just before having to yield to another vehicle already in the roundabout. I got an earfull of that horn, but at least I prevented that driver from making the very poor driving decision that you made today, sir... AND you were towing A BOAT! Seriously, man! Do NOT pass a cyclist on the road, unless you have plenty of room to pass with!" He said, "I'm really sorry, I thought I had enough room to pass you." I responded, "You may have thought you had enough room. And the truck driver that passed me BEFORE you DID have enough room to pass. But you had A BOAT, man! I already didn't like that you were passing me too close, and then I see a BOAT passing me!!! REALLY?!?! That was such a BAD decision on your part. Yes, I'm lucky that I only got scraped up. Just please learn this lesson, to just WAIT next time before you decide to pass a cyclist on a two lane road, and wait LONGER if there's a roundabout!"

All my coworkers/friends at Natural Grocers are incredibly caring and thoughtful. From a coworker being there to see me get HIT BY A BOAT and collect my bloody bones and bike off the street, to another coworker shuttling me home while picking up peroxide and dressings for my wounds, to all the care and concern from all the others that I can feel as they hear about what happened today, I am very thankful to work alongside these people (most of whom are mothers). Even though I was fine with going into work after I cleaned up, my general manager implored me to take the day off. So I did. And I will add the missed pay to the cost of the Toba rack I now need to replace when I ask this guy for reimbursement. Can I ask for his boat and license?

It's my first time being hit by a vehicle...with a boat!! Not a question of "if" but "when" it was going to occur, having cycled all my life. Last year, my friend was hit by a truck on a state highway in VA while he was bike touring. As you can imagine, the speeds, risks, and repercussions were higher. He was injured but survived to bike another day. Luckily speeds were only 25mph or so in my case. I'll be back on my bike tomorrow...how else am I supposed to get around town?
Ryde4Lyfe,
Jak

Roody

I'm glad you and bike weren't hurt TOO badly, although road rash is not taken lightly by any cyclist who has experienced it (and who hasn't?).

It's best to keep it covered with a bandage and keep it moist with neosporin or even Vaseline under the dressing. Change the dressing a couple times a day and never let the wound dry out. This will help prevent scab formation and promote healing.

After two incidents in the same location, are you thinking of ways to prevent future mishaps? Something to think about: try taking the lane well in advance of the roundabout. Make sure you are far enough to the left that no car or truck could possibly pass you on the left. Personally, I would move over to the left tire track starting well in advance of that 15 mph sign. I would maintain that lane commanding position until I exited the roundabout.

It sounds like you're an experienced rider and you probably don't need my suggestions about either wound care or dynamic lane positioning. But hopefully, my unsolicited advice will be useful to others who read this thread. Good luck out there in Colorado and heal fast!

Smallwheels

I'm glad you're OK. You made a GIGANTIC MISTAKE. You didn't call the police. Since you can't really fix that part of it you need an attorney now. Don't think you're being magnanimous by just accepting this guy's word that he will make things right. You need to contact one as soon as possible. Maybe you might feel it isn't worth the effort or trouble just to get a couple of hundred dollars. You might be surprised when it comes to making this all work out. This repentant boat hauler might change his mind. Maybe the guy has already paid you. That might be another mistake but since I haven't read about it yet then I have to comment on what I know. Until your body has healed completely and is functioning exactly the same as it was before the accident you really don't know how your body will turn out. If he has paid you already then see an attorney anyway for a free consultation.

If you had at least waited for a policeman to make a report you would have more leverage. You could just walk into his insurers office and I guarantee that they would have offered you a check on the spot for over $1000 just for you to sign a settlement. That is how they work. You might still be able to do that if you can get his insurers name and contact them. He will have already contacted his insurance company and they will be waiting for you. They already have calculations about what it would be worth to them for you to settle this without a trial. I'm serious when I say they will already have a check settlement amount waiting for you when you get to his insurance company office. Since you have scars on your body, damage to your bicycle, AND several witnesses, you are in a better position than you might think. His insurance company will have asked him about all of this. They will know the situation and plug those things into their calculation. It could be a lot but not as much as your own personal injury lawyer will get for you. DO NOT SETTLE THIS WITH HIS INSURANCE COMPANY WITHOUT AN ATTORNEY. Just get one and let your attorney handle the case. You will then settle out of court and give him his percentage and you will have much more than the company originally offered to you.

This isn't about being greedy on your part. Every cyclist that stands up for himself due to a traffic accident sends another message to insurance companies, drivers, and the legal system that cyclists need to be treated with respect. We are traffic. We have rights too.

surreal

What? Shady.

MEversbergII

I am glad you're ok. Those trailers, they're a doozy. Roadrash isn't anything to worry over, though, so at least you're not in traction.

M.

wahoonc

Evidence... that he was speeding, therefore breaking the law and in many states that would be considered contributory negligence.

Aaron

dynodonn 

Not really, since the sign is an advisory speed while "in" the roundabout, and the cyclist said that they were "approaching" the roundabout, negligence is fully back at the motorist for making an unsafe pass and a hit and run.

squegeeboo

that's ****ty. Glad to hear it sounds like you're mostly fine. Not if but when, like you said, and like I tell my wife every time she worries.

wahoonc

Take that one to court and the insurance company. We see it all the time in accidents here in NC. If they can find ANYTHING that they think you did wrong they will use contributory negligence as an excuse to reduce insurance payout or even refuse payout. Making you take them to court to get your money.

Aaron

jakbikesdc

It would serve him much better if he were to write me a cheque for some compensation than for me to file a report and try to go through the legal bs.
Is it my duty to "This isn't about being greedy on your part. Every cyclist that stands up for himself due to a traffic accident sends another message to insurance companies, drivers, and the legal system that cyclists need to be treated with respect. We are traffic. We have rights too." ??

Yes, I missed my opportunity to call the police at the scene. As you can imagine, I wasn't mentally focused on anything but stopping the blood flow and cleaning the grit out of the wound. It all happened too fast at the time, even though most carfree cyclists like myself are constantly mentally rehearsing what he/she will do if something like this happens. I missed my opportunity when he came back to check on me to get his insurance info and license number and tag. Now what?

I did take pictures of the freshly opened wounds, my bike, and ripped bag once I got home that day. And today I'm going searching for his license tag and boat tag, since I know what neighborhood he turned out of before approaching and failing at passing me properly. Though I dunno if he's even back from Lake Powell yet.

I have posted the original post in my town's local bike advocacy group. They have some decent advice. It looks as though I just need to go to an accident attorney and see what options I have. I hope I have luck here, since I have no insurance (car or health) or a lawyer. Trying to fly under the radar with this cafree simply-living lifestyle, and look what happens.

Artkansas 

I'm glad you are not hurt too badly. Being landlocked is no assurance that marine vehicles aren't lurking to hurt you. There are submarines as far inland as Muskogee OK.

squegeeboo

Land Shark? Nope, just your friendly Dolphin.

jakbikesdc

edited.
Now, even if I do get a couple hundred dollars or three from the guy, would it be in my best interests to push this further and file a report? The boater/retiree is still telling me that I should buy a car cuz the roads are too narrow around here for him and his boat to pass safely. I tell him it's my choice, albeit one that comes with some risk, to be carfree and bike for transportation.

Artkansas 

Or Batfish in this case.

locolobo13 

The second answer is, if the road's too narrow to safely pass a vehicle, don't pass.

Glad you're OK.

Rootman

It's a tough call but I would have called the police too, AND went to see a personal injury lawyer. They can smell when the can make a buck and you are usually better off when using one when not.

A friend of mine refused to use one and got royally shafted by the other parties insurance company even though THEY were 100% at fault, he ended up losing money, the vehicle (it was an auto accident) and time off work for both he and his wife. Years later I was struck from behind by a car while on a motorcycle, hired an attorney and came out ahead after settlement got the bike fixed and all my medical bills paid as well as compensation for lost work. The system, as screwed up and complicated as it is, usually works - IF you know the rules.

Roody

You'd have to check on Colorado laws specifically.

In most states, you're required to ride as far right as practicable. Usually there is a list of exceptions, such as ride as far right as practicable "except when the lane is too narrow to be safely overtaken by a vehicle within the lane." The single lane in this case is very narrow indeed, and it would be impossible for a car to overtake a bike without crossing the centerline.

So most likely a cyclist has the right to take the entire lane in this case. Therefore, it is the legal responsibility of the overtaking driver to proceed safely. The operator of the vehicle (bike in this case) being overtaken is not responsible.

Smallwheels

So all of you cyclists who commented by quoting me are really doing a disservice to your fellow cyclist. I should have sent him a private message but I thought we all were simpatico here. I guess I was wrong. Fixing your posts would be beneficial.

jakbikesdc absolutely do not contact the other party no matter what. If he contacts you please be polite and tell him you can't discuss it now. Don't say anything else. If you have to repeat yourself over and over just do so. Don't discuss anything about the case. That will only cause problems. By contacting him again you and he will have a conversation. Then it will be an off the record conversation with which each party can claim the other party said any number of things whether true or not.

Go to your local phone book or use an internet phone book and find a personal injury attorney. That is an actual category. If there is a guy in your city that advertises on TV all of the time for auto accidents, go to that guy or one of the other ones who advertise on TV. If the guy has the biggest Yellow Pages ad that will be a clue about how much business he does.

They do so much business that it benefits you. The first one is that such an attorney is likely to get you a quick settlement. This is because due to his advertising all of the time he will have a busy office and plenty of clients. He wants to process as many claims as possible as quickly as possible. He might not get you as much as possible due to recommending that you settle quickly. The second benefit of one of these attorneys is that insurance companies are accustomed to doing business with him. That means they know that he will fight a bit to get a larger amount but they will know how to deal with him. They know he is serious and will go to trial if the client wants it. This is where your decision comes in to play. The attorney (likely one of his associates) will bring an offer to you. It is totally up to you to accept or refuse any offer made by the insurance company. What might happen, and regularly happens, is that you will be at court awaiting the trial and the insurance company's attorney will make their last best offer before the preceding. You will have an opportunity to accept or reject that one too.

You can shop around for an attorney until you find an office that suits you. If you don't need immediate medical attention you should wait to see a doctor. If you get any type of physical symptoms that are new to you then go to a doctor now. Don't wait. Later on your attorney can arrange an appointment for you with a doctor familiar with working such cases. Your attorney will pay for it and it will come out of your settlement if you win. If you don't win and your attorney is working for a contingency fee you will not have to pay for the doctors visit.

Do not select an attorney who doesn't specialize in personal injury cases. A real estate or corporate lawyer will have skills but not be as good as a specialist.

This whole thing might take months to complete but that doesn't mean you will be occupied by it all of the time. You will visit the office to hire the attorney. You will visit a doctor one time. Then there will be a morning or afternoon with a deposition. Then there will be the trial day if you let it go that far. Could you spend three or four days out of your life for $2000 or more? If you're wealthy you might say no. If you're not then complete the process. See where it takes you. The other guy could have killed you and he definitely injured you and caused problems for you at work. You still don't know if your body will ever be the same as before the accident.

Don't feel guilty about pursuing this. Insurance is forced upon motorists around the USA. Since insurance companies colluded with public officials to make insurance mandatory, let them pay out some of that money that they compel motorists to spend.

I've been through this. I walked into the insurance office of the guy who hit my car and injured me. His company offered $650 on the spot when I said I was injured. This was in addition to fully paying for my auto repair. I had the presence of mind to say no thank you. I got an attorney and received $30,000. This really wasn't enough but it was the best I could get. That accident ruined my musical career. I would gladly give back the money if I could have my hand coordination back.

jakbikesdc

got 350$ out of the deal...now I also have his license tag number, boat trailer tag number, and bummed a cig off the guy as we talked about what happened I do smoke&toke but I never buy cigs.

I just gotta get outta this retiree/family town and move somewhere more progressive. I'll prolly end up in Durango. I'd love to stay to help push things along progressively, but I'm tired of fighting it and don't wanna burn out in the process. Florida was impossible to try to push the progression along. I tried Denver for four months. The Front Range is more progressive (though CO Springs would be the biggest challenge), but the Western Slope is less congested, more rustic, and outdoorsy IMO.
Pick yer' battles, I guess.
Jak

jakbikesdc

thanks smallwheels for all your advice. I think the 350$ now will be better and more useful NOW as opposed to waiting however long to wade through all the Bs with insurance/legal.
Aside from road rash on all the same ol spots (elbow, knee, hand) I feel the same as I did that morning as I left the house. In all reality, the 350 I got is way more than the cost of the rack that his boat bent up. So now I can buy a helmet (yeah, I also choose not to wear one unless mtbking or playing bikepolo), racks, and panniers! Sounds great to me. Yeah the guys a shiztty driver, and Karma can be a bithc! "Vengeance is mine, I will repay, sayeth bigdood in the sky" -Rom.12:19

dynodonn 

A moot point now that the OP settled with the motorist, but the OP still wasn't speeding since it's a 40 mph zone in approaching the roundabout, here in my locale, the insurance companies would be ****ting some big bricks and looking to settle out of court, for far more than 350 dollars.

Roody

I like your attitood. "The Bigdood's in His heaven and all's right with the world--or at least as right as we have a right to." -Roody 19:12

personally, I would have felt fine to receive 350. It seems fair and you have a little karma advantage.