Hi Jim, Glad your OK. I live in SoCal and have taken a great interest in educating myself with regard to riding safely. I've learned alot in the past 2 years since I too was hit. I've been cycling for 29 years and thought I new how to ride in traffic until I took a safety class through the League. It's a great course that I believe that every cyclist could benefit from. You asked the following:
So how was I determined to be at fault? Drivers moving in the same direction as I had decided to stop and yield to the driver who was turning left from the opposite direction. They did this, because there was a back-up caused by a red light up ahead of us. They yielded to allow the SUV driver to turn. He took the right-of-way that they yielded, but he did not see me who was still coming through. (He later referred to me as "a blur".) I had no way of knowing that this yielding to him was happening. In my opinion from what I've learned - you may be at fault. Riding, passing on the right through an intersection and not merging into the lane with traffic where you probably should have been. There was no bike lane marked and even if there was, given the circumstance, you still should have merged into the proper lane with traffic and taken your "turn" through the intersection. Glad your OK On Jan 23, 11:54 am, James Warren <jimcwar...@earthlink.net> wrote: > First of all, I am ok, and that's what I consider the biggest thing. I was > lucky in terms of injuries. I was able to go home from the hospital after 24 > hours. They kept me to observe me, because in the first 10 to 15 minutes > after the accident, I didn't really know things like my name. But then it > came back before I got to the hospital. I left the hospital with 4 broken > ribs and cuts and bruises and the aftermath of a concussion. > > The following might not be on-topic, but it closely matches Maynard Hershon's > first essay in RR42. It happened about a week ago, less than 48 hours after I > read Maynard's essay. If you are not interested in hearing about the > accident, I completely understand if you don't read it. But it does include > one relevant safety lesson for bicyclists, and I am also asking for help from > anyone, especially Southern CA list members, who might have a recommendation > for a great lawyer who knows how to get fairness for bike-riders in traffic > collisions with automobiles. I ask this, because I feel I've been unfairly > treated by the law so far. The police officer's report concludes with a > determination that I am the party at fault. > > I was riding straight ahead in an area that fills up with traffic near a > shopping center. I had no stop sign or red lights to stop me. I was riding > under the speed limit. There were two lanes of car traffic going in my > direction, and I was riding just to the right of them, effectively in a third > lane. There was no bike lane marked, and it's possible that one is supposed > to be there, but was not because the road had recently been resurfaced but > not painted yet. Cyclists ride along this from time-to-time, but only out of > necessity. > > An SUV coming the opposite direction was in a left-turn lane. It turned left > and drove across my path. What I remember was that upon reaching this > intersection (that required no stop from me and requires the turner to turn > only when oncoming traffic is clear), I was shocked to see an SUV turning > left in front of me. I had no time to think. I braked and turned and skidded > all at once, all the while knowing that I would hit the car. I hit the side > of the car, but I don't remember the pain of impact. For the next 10 to 15 > minutes, I don't know from first-hand experience what happened. I couldn't > say my own name at first. Details of the accident were discussed without me > but included the driver, at least one witness was referenced by the police > report, and the deputy ended up deciding I was at fault; at least his report > says that. Meanwhile, in the care of paramedics, I eventually knew my > situation and regained my self-awareness. While I was in the ambulance, I was > happy when I could tell them that I could now remember the specific accident > where the car turned left in front of me. I was very relieved when they told > me that my responses were good and my extremities seemed ok, and that I was > going to the emergency room, because they do that for anyone who lost > consciousness. (I had been unconscious for the first 30 to 60 seconds, and my > helmet is cracked. I am so glad I wore it.) I haven't had a chance to have > the bike frame professionally inspected yet (QB), and it might be undamaged, > but the rear wheel is ruined. It must have hit the side of the car, but I > don't know for sure due to my impaired mental state. > > So how was I determined to be at fault? Drivers moving in the same direction > as I had decided to stop and yield to the driver who was turning left from > the opposite direction. They did this, because there was a back-up caused by > a red light up ahead of us. They yielded to allow the SUV driver to turn. He > took the right-of-way that they yielded, but he did not see me who was still > coming through. (He later referred to me as "a blur".) I had no way of > knowing that this yielding to him was happening. > > I by no means request that we discuss traffic laws or this accident on this > list. I include this story for the following reasons: > > -To say to please be aware of this dangerous situation when you ride in > gridlock. > -To share a first-hand example of what Hershon writes about: that a one-sided > account of the accident is often written down on the scene, because often the > bike-rider is incapacitated. > -To share that there were apparently other witnesses (according to > paramedics), but only one witness made it into the police report, and this > witness sounds unsympathetic to me. Days later, when I tried to ask the > officer for information about the existence of other witnesses, he refused to > answer my question, simply saying that his report is all he has to say, and > he will not respond. The other witnesses remain hidden from me, because I was > not fully conscious. > -To ask for any references that list-members have for a great lawyer or any > other resource who can help me get fair treatment in this case. Thank you for > reading this. > > And please ride carefully. > > -Jim W. -- You received this message because you are subscribed to the Google Groups "RBW Owners Bunch" group. To post to this group, send email to rbw-owners-bu...@googlegroups.com. To unsubscribe from this group, send email to rbw-owners-bunch+unsubscr...@googlegroups.com. For more options, visit this group at http://groups.google.com/group/rbw-owners-bunch?hl=en.
