|What can I do for RECOURSE||MCCL|
Aug 12, 2001 1:15 PM
|I was going down the bike trail yesterday minding my own business and staying in my lane when I noticed two young adults screwing around two wide and encroaching my lane. I yelled at them when the one takes a wrong turn and I broad side him in my lane. I took the worst for a spill as I would of never thought the idiot would of bailed that way. The spill sent me over my bars. I must of hit everything in my back pocket ie. cell phone, wallet, keys, pager etc. for that was where the worst set in. I guess my main reaction was to see if I could get up. This was probably the wrong thing to do but in my case I suffered just from soft tissue and a chipped hip bone. I did stand up but the pain was so intense that back down I went. I was fortunate that I had just passed some avaid bicyclist. They were great witnesses as one of the first things I asked for out of my pain was to exchange info. Well the person could not speak English and this is becoming the so called norm here in Souther California that is gives good meaning to things like this happening. I can't wait till this country opens its boarders to the trucking industry. Anyway I had the witnesses call the police since I did get some kind of look at my 1 of 100 made Russian Masi. The bike was toasted the Headset tube had broke away from the frame at the top tube and the other tube. the front wheel was pushed all the way back to the crank and pedals.The pain again was so intense that I decide I was in no way shape or form to walk pedal or take a ride home. Ambulance was summed. X-Rays showed I had no spine or rib problems. But it showed why I had a intense sting like a jelly fish sting. My hip bone was chipped and jagged. I stand before you and tell you this as I probably will find no recourse to go and demand replacement on my bicycle and medical bills. Yes I have home owners and that is probably where it's going to end up.The person looked like he did not have any Money and was probably just going to laugh it off. I didn't even get and apology in Esplanol! Thank God I had taken a hint from my wife the Insurance aduster about DELUX insurance. It is total replacement and they cannot Pro-Rate anything. It goes at what every that frame cost today is what they will pay. Let me know if you have been in a similar situation and what you did. Thanks MCCL|
|re: What can I do for RECOURSE||Rusty Coggs|
Aug 12, 2001 4:28 PM
|My experience was the same in that a moron looking at the ground swerved across the path into me. I was in the drops and going as fast as I could go and had no time to react other than to lower the leading shoulder and hit hin a glancing blow. Worst crash I ever had, but amazing enough only severe road rash and a nasty bruised hip that took 6 weeks to heal.Lucky I did not suffer the same injury you did. Bike suffered some minor rash. I straightened my self and bike up and rode home. Had to get away from the moron otherwise I might not have been able to control the urge to strangle him or drag him to the river and throw him in. That experience has ruined riding on that particular trail I use to enjoy. Too many morons, and not just the typical types,but experienced cyclists that should know better. My only cost was 2 copays for doctor visits which I would otherwise have done without, but was about to go on an extended backpack trip and did not want to end up with a bum leg 20 miles from the trailhead.You are lucky to have your own insurance to help, and If you have the guys vitals, you could pursue the matter in small claims and most likely win a judgement for whatever it might be worth.One would hope people would wise up,but it will never happen.Hope you are back on the bike soon.|
Aug 12, 2001 8:06 PM
|This is off-topic, but I swear trails are more dangerous than sharing roads with traffic... there is no excuse for the other bike's behavior when he is approaching you. I've all but given up with the "on your left" since half the people poking around don't know left from right, and the other half actually swerve left as they look over their left shoulder.
I was witness to a friend in court who won a settlement, but a settlement doesn't mean anything if a person has no property to put a lien on, and no income to garnish (which was the case there). I was also hit (in a car) by a drunk driver who pre-emptively declared bankruptcy following the accident. You can't get blood from a stone. I've been meaning to check with my own insurance to see if they have limits on bicycle coverage... some companies seem to expect riders on big-ticket items.
On the flip side, a friend was struck by a bicycle as a pedestrian, and that person's parents' homeowner's insurance (I think) covered the bill- there was at least a settlement in that direction, and it is possible that the individual who caused the accident has some form of personal liability insurance in a renter's policy... just because he doesn't speak English well or look the type, you never know.
I never like the powerless feeling of being "screwed" by a situation, but I always weigh the emotional price of pursuing recourse when I've been "wronged." I recently had a bad string of luck where I received partial compensation. I could easily have taken the situation to court, but the longer I pursue something, the more invested in the outcome I become, and it seemed to make the sense to just let it go and leave it knowing I was the better man in the situation (and let Karma do its ugly work on the other side). As long as "most" of your bills are paid... no court or insurance will make you heal any faster anyway.
Aug 13, 2001 5:15 AM
|I agree that tiding trails can be more dangerous than riding on the roads. It seems to me like some people seem to think that since there are no cars, there shouldn't be any etiquette or rules for riding at all.
My wife and I were riding our tandem on the KATY trail when we encountered two guys and one girl riding toward us. Neither of the guys would do anything to make some space for us because that would mean yielding the girl to the other moron. Eventually I had to pull off to the side and put a foot down.
|What we need here is...||EsQ|
Aug 13, 2001 6:20 AM
|a LEGAL message board. Who can I sue? Under what circumstances? Jeez!|
|re: What can I do for RECOURSE||MCCL|
Aug 13, 2001 9:05 AM
|I thank you all for your comments. I went in work today against doctors orders. I feel I can't do too much damage and sitting around home getting butt blisters watching Lucy just ain't my cup of tea. It's great to have this review board just for situations like this, believe me I will pursue this as the indigent had no care or concern about my situation. I thank you all. MCCL|| |