Hit by a car, high speed crash
09-13-05, 06:56 PM
#101
Member
Join Date: Jun 2005
Posts: 36
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
Likes: 0
Liked 0 Times
in
0 Posts
bike756 - did you talk to any good tort lawyers (and/or the DA's office) today?? if your story is factually correct, the guy should go away for assault w/ a deadly weapon and with broken bones and all, you should sue him for 10-15k easy. . . pain and suffering, hello! but dont post anything about your injuries or a potential civil suit here. . .
09-13-05, 06:56 PM
#102
Nonsense
Join Date: Sep 2004
Location: Vagabond
Posts: 13,918
Bikes: Affirmative
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 880 Post(s)
Liked 541 Times
in
237 Posts
hopefully that figure 8 forces your collar bone down onto the other half of it. Let that bone heal, don't exercise until the doc gives you the okay!
get well soon, good luck
get well soon, good luck
09-13-05, 07:04 PM
#103
Hair Free
Thread Starter
Join Date: May 2005
Location: Massillon, Ohio
Posts: 378
Bikes: specialized allez with misc. upgrades,commuter mtb
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
Likes: 0
Liked 0 Times
in
0 Posts
Originally Posted by minder357
bike756 - did you talk to any good tort lawyers (and/or the DA's office) today?? if your story is factually correct, the guy should go away for assault w/ a deadly weapon and with broken bones and all, you should sue him for 10-15k easy. . . pain and suffering, hello! but dont post anything about your injuries or a potential civil suit here. . .
09-13-05, 07:06 PM
#104
Senior Member
Hmm, digging through OH's codes - TITLE XLV MOTOR VEHICLES - AERONAUTICS - WATERCRAFT:
Ohio's code is very similar to California's. Section-4511.28(2) clearly state that when two or more lanes are going in the same direciton, you can overtake and pass on the right. If anyone in OH has ever gotten a ticket for passing on the right, post a scan and I'll gladly pay it for you.
§ 4511.28. Permission to overtake and pass on the right.
(A) The driver of a vehicle or trackless trolley may overtake and pass upon the right of another vehicle or trackless trolley only under the following conditions:
(1) When the vehicle or trackless trolley overtaken is making or about to make a left turn;
(2) Upon a roadway with unobstructed pavement of sufficient width for two or more lines of vehicles moving lawfully in the direction being traveled by the overtaking vehicle.
(B) The driver of a vehicle or trackless trolley may overtake and pass another vehicle or trackless trolley only under conditions permitting such movement in safety. The movement shall not be made by driving off the roadway.
(C) Except as otherwise provided in this division, whoever violates this section is guilty of a minor misdemeanor. If, within one year of the offense, the offender previously has been convicted of or pleaded guilty to one predicate motor vehicle or traffic offense, whoever violates this section is guilty of a misdemeanor of the fourth degree. If, within one year of the offense, the offender previously has been convicted of two or more predicate motor vehicle or traffic offenses, whoever violates this section is guilty of a misdemeanor of the third degree.
HISTORY: GC § 6307-28; 119 v 766(778), § 28; Bureau of Code Revision, 10-1-53; 135 v H 995. Eff 1-1-75; 149 v S 123, § 1, eff. 1-1-04.
(A) The driver of a vehicle or trackless trolley may overtake and pass upon the right of another vehicle or trackless trolley only under the following conditions:
(1) When the vehicle or trackless trolley overtaken is making or about to make a left turn;
(2) Upon a roadway with unobstructed pavement of sufficient width for two or more lines of vehicles moving lawfully in the direction being traveled by the overtaking vehicle.
(B) The driver of a vehicle or trackless trolley may overtake and pass another vehicle or trackless trolley only under conditions permitting such movement in safety. The movement shall not be made by driving off the roadway.
(C) Except as otherwise provided in this division, whoever violates this section is guilty of a minor misdemeanor. If, within one year of the offense, the offender previously has been convicted of or pleaded guilty to one predicate motor vehicle or traffic offense, whoever violates this section is guilty of a misdemeanor of the fourth degree. If, within one year of the offense, the offender previously has been convicted of two or more predicate motor vehicle or traffic offenses, whoever violates this section is guilty of a misdemeanor of the third degree.
HISTORY: GC § 6307-28; 119 v 766(778), § 28; Bureau of Code Revision, 10-1-53; 135 v H 995. Eff 1-1-75; 149 v S 123, § 1, eff. 1-1-04.
Last edited by DannoXYZ; 09-13-05 at 07:34 PM.
09-13-05, 07:08 PM
#105
Member
Join Date: Jun 2005
Posts: 36
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
Likes: 0
Liked 0 Times
in
0 Posts
Originally Posted by bike756
can a 16 year old sue someone?
09-13-05, 07:12 PM
#106
hill hater
Join Date: Aug 2005
Location: norton ohio 5.5 miles from center road tow path trail head
Posts: 2,127
Bikes: cannondale t400 1987 model and a raleigh gran prix from 1973
Mentioned: 1 Post(s)
Tagged: 0 Thread(s)
Quoted: 2 Post(s)
Likes: 0
Liked 0 Times
in
0 Posts
Originally Posted by minder357
You can't even enter into a contract with a lawyer, buddy. Talk to your parents. . ..
09-13-05, 07:18 PM
#107
hill hater
Join Date: Aug 2005
Location: norton ohio 5.5 miles from center road tow path trail head
Posts: 2,127
Bikes: cannondale t400 1987 model and a raleigh gran prix from 1973
Mentioned: 1 Post(s)
Tagged: 0 Thread(s)
Quoted: 2 Post(s)
Likes: 0
Liked 0 Times
in
0 Posts
Originally Posted by bike756
Sunninho,
It wasn't an official bike lane but there was a nice wide shoulder to the right of the line. If anyone has google earth and a lot of free time, I was hit at
40 51' 37.83" N
81 28' 51.90"W.
The shoulder is hard to see, but there was plenty of room to pass. I chased him almost to the next right turn down the hill. You can see the police/fire/ems station just down the road at the intersection. Does anyone still not believe me?
It wasn't an official bike lane but there was a nice wide shoulder to the right of the line. If anyone has google earth and a lot of free time, I was hit at
40 51' 37.83" N
81 28' 51.90"W.
The shoulder is hard to see, but there was plenty of room to pass. I chased him almost to the next right turn down the hill. You can see the police/fire/ems station just down the road at the intersection. Does anyone still not believe me?
09-13-05, 07:36 PM
#108
Senior Member
Yeah, the driver's gonna be guilty of a number of violations. But I have a hard time thinking that he intentionally swerved out to hit a biker. How are you gonna prove that?
09-13-05, 07:46 PM
#109
hill hater
Join Date: Aug 2005
Location: norton ohio 5.5 miles from center road tow path trail head
Posts: 2,127
Bikes: cannondale t400 1987 model and a raleigh gran prix from 1973
Mentioned: 1 Post(s)
Tagged: 0 Thread(s)
Quoted: 2 Post(s)
Likes: 0
Liked 0 Times
in
0 Posts
Originally Posted by DannoXYZ
Yeah, the driver's gonna be guilty of a number of violations. But I have a hard time thinking that he intentionally swerved out to hit a biker. How are you gonna prove that?
Full lane of trafic guy swerves over in to path and he couldnt pass cause 4 feet is to little to allow you to pass a car. No other obvious reason for the drive to swerve over but to cause the rider to colide with him.
So all he needs to prove is that there was insuficiant room for the driver to pass other cars so one wittness says nope was not enough room to allow the car to pass other cars.
09-14-05, 01:25 AM
#110
Blue Straggler
Join Date: Jul 2005
Location: Delta
Posts: 1,187
Bikes: Miele Pisasheeta, Airborne Thunderbolt
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
Likes: 0
Liked 0 Times
in
0 Posts
Originally Posted by DannoXYZ
Yeah, the driver's gonna be guilty of a number of violations. But I have a hard time thinking that he intentionally swerved out to hit a biker. How are you gonna prove that?
__________________
Coach Bill
Coach Bill
09-14-05, 06:04 PM
#112
Hair Free
Thread Starter
Join Date: May 2005
Location: Massillon, Ohio
Posts: 378
Bikes: specialized allez with misc. upgrades,commuter mtb
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
Likes: 0
Liked 0 Times
in
0 Posts
Originally Posted by AtlAllez
How'd it turn out , did you talk to a lawyer?
You wouldn't beleive the rumors going around my school. Half of the people I talked to thought I was hit by either truck a bus or a cement truck.
My entire right.....breast area(shoulder to nipple) has turned yellow, and a bruise has developed on my shoulder.
I can still feel bones shifting around so I don't think it's healing very well.
09-14-05, 06:10 PM
#113
Senior Member
Join Date: Sep 2005
Location: Atl,Ga
Posts: 357
Bikes: Specalized Allez Elite and Vintage Vitus
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 1 Post(s)
Likes: 0
Liked 0 Times
in
0 Posts
take tons of pictures of yourself with the injury !!! chances are that you wont look half as bad if the issues goes to court
09-15-05, 12:19 AM
#114
the great shark hunt
Join Date: Oct 2004
Location: Manitoba Canada
Posts: 1,334
Bikes: 2005 Cervélo Soloist w/ Campag Chorus (06/07 parts mix), 2001 Cervélo Prodigy w/ Campag Centaur '06, Giant Bowery Fixed-Gear, old steel black '70s bike waiting for FG build, trusty red SS mountain bike waiting for snow-bike build
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
Likes: 0
Liked 0 Times
in
0 Posts
well, i really hope that you feel better and heal well soon. good luck with all the legal mumbo-jumbo that you have to go through now.
also, after reading all the posts, i have one question....how the hell do you "severely think"?
also, after reading all the posts, i have one question....how the hell do you "severely think"?
Originally Posted by TexasGuy
Part of me severely thinks...
09-15-05, 12:47 PM
#115
SNARKY MEMBER
Join Date: Jul 2005
Location: South Austin
Posts: 2,829
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
Likes: 0
Liked 2 Times
in
2 Posts
Originally Posted by syda
^^ Great advice. Highly suggest everyone follows the above, even for those vehicular "speeding/traffic infractions" so many of us get.
09-15-05, 01:48 PM
#116
Go Titans!!
Join Date: Mar 2005
Location: Culver City, CA
Posts: 2,489
Bikes: '04 Eddy Merckx Team SC - Record - Rolf Prima Vigor; Andy Hampsten Cinghiale - Dura Ace 7800 - Rolf Elan Aero
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
Likes: 0
Liked 0 Times
in
0 Posts
Originally Posted by CardiacKid
I disagree. Thes notes can only be used against you by the other side. If you right down something like " I was coming down a hill at about 40 mph and the traffic near the bottom of the hill was slowing for a light. I came up to the cars at about 35 mph intending to pass on the right" it isn't going to help. You want to have to tell your story only once. The more times you tell it or write it down, the more chances there are for inconsistancies.
I was in an accident where the other party gave three different versions to the cop, the insurance and the lawyer. My notes, which were submitted to both the insurance company and lawyer, correlated exactly with the police report. Writing down notes immediately after an accident is the important thing, reason why you date and sign in ink. If your notes match with the police report (containing your initial statements), there can't be any dispute.
__________________
One must live the way one thinks or end up thinking the way one has lived.
--Paul Bourget
One must live the way one thinks or end up thinking the way one has lived.
--Paul Bourget
09-16-05, 12:11 AM
#118
Blue Straggler
Join Date: Jul 2005
Location: Delta
Posts: 1,187
Bikes: Miele Pisasheeta, Airborne Thunderbolt
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
Likes: 0
Liked 0 Times
in
0 Posts
Yes, and if you have phone numbers of witnesses, make sure THEIR stories are straight too. They tend to veer over time.
__________________
Coach Bill
Coach Bill
