Bicycle accident during commute.

[johnjk.livejournal.com]

 

This morning while commuting to work on my bicycle I was involved in an accident with a motorist. What happened was the following: I was making a left-hand turn from a one way street (Western Avenue) onto a two-way street (Blackstone Street, the one right before Memorial Drive). As usual, there was a lot of traffic at this time of day (~ 7:45 AM). As a result, I could not see the lane I was turning into because there was a truck, followed by a line of cars, waiting to turn from Blackstone onto Western Avenue. Usually, this is not a problem; I just put my arm out to signal a left turn and I make the turn. This morning was a different story, however. As I made the turn I realized to my surprise that there was a car right in front of me, instead of an open lane. This car had moved into the opposite (oncoming) lane in an effort to get onto Western Avenue by going around the truck in front of him. I immediately applied the breaks to keep from slamming into the car and, as a result, went flying over the handlebars. I somehow managed to break my fall with my hands, thankfully. As I was picking myself up off the ground the person who had pulled into the wrong lane rolled down his window and said he was, “sorry”.  At that point I was somewhat dazed and didn’t know what to say or do. My main concern was to determine if I was injured or not. I felt OK, but I knew that shock might prevent me from realizing the extent of my injuries. The person in the truck rolled down his window and expressed his concern for me, and anger at the motorist who wrongly blocked my path. The truck drive also said I should get the license plate number of the person’s car. I turned to look for the plate number but the person had already driven off and I couldn’t see it clearly. As far as I can tell, I have no major injuries; my hands were scraped up and needed a few band-aids but otherwise I’m none the worse for wear. The reason for my post is that it brings several questions to mind: Should I have tried to get the driver’s license plate number? (In case I found out later that I was injured, for example). What legal recourse does a bicyclist have in an accident with a motorist? Will auto insurance cover a cyclist injured in this type of accident? Does anyone know where to find out this kind of info?  I apologize for the lengthy post.  Thanks for your time and consideration. 

Comments

[library-sexy.livejournal.com]

Yes you do want this information. Even if you don't have it you should report the accident to the police. Someone else might have seen it and gotten the plate and called it in.

A car hitting a biker is a "car" accident. If you or your bike is injured their insurance will cover you. Also if you have car insurance your carrier could have money for you should you need medical help. You insurance coverage would most likely come from under insured driver policy.

I unfortunatly know this information as a friend of mine was recently hit while on his bike. The person, who hit him, has his insurance is covering my friend's medical bills and his bike.

I hope you are OK and highly suggest you get checked out by a doc just to be safe.

[johnjk.livejournal.com]

Thanks very much for the information. I feel fine, but I think I'll make an appointment to see my doctor just in case...

[jmaynardg.livejournal.com]

> it brings several questions to mind: Should I have tried to get the driver’s license plate number? (In case I found out later that I was injured, for example). What legal recourse does a bicyclist have in an accident with a motorist? Will auto insurance cover a cyclist injured in this type of accident? Does anyone know where to find out this kind of info?

Just to be clear, I am not an attorney. Do not take legal advice from the LJ community. blah blah blah

OK - that said, I think that driver committed a felony by leaving the scene of an accident. Yes, IMO you should have taken down that license number and filed an accident report and possibly charges. Filing that accident report is the only way you would be able to legally recover accident expenses from an insurance carrier.

And where to find details about this stuff? You *really* need an attorney for those details. I mean you could dig this legal stuff up at the library, but that doesn't mean you'll understand it.

(though I do note that without the license plate #, you're probably screwed this time).

[androidqueen.livejournal.com]

Firstly, I'd ask around on bostoncycling. Secondly, that's a hit and run. You absolutely have legal recourse. Check out massbike.org.

[komos.livejournal.com]

I may be reading this incorrectly, but it didn't sound as though there was a collision between the two vehicles.

[androidqueen.livejournal.com]

Ah, you are correct. That seriously complicates the situation, though I'd imagine the driver was still guilty of reckless driving and causing an accident.

[komos.livejournal.com]

The trouble is, without witness information and both parties having left the scene, it becomes a finger pointing match between two parties accusing each other of operating a vehicle recklessly, something that judges and insurance companies are notoriously squirrelly about.

[m00n.livejournal.com]

Absolutely you should try to get their license plate number. This is considered a hit-and-run and in most cases involving accidents with bicycles or pedestrians, it is considered a felony (which is to say, a crime punishable by more than one year in prison).

Auto insurance will cover both injuries to you and your bicycle (although in most cases the value of someone's whole bicycle probably does not exceed the driver's deductible, so they would be better off paying you in cash).

In this case your best bet is to go to the police department and fill out an accident report and (probably) a police report and hope that someone comes forward as a witness with some useful information.

The legal situation is really pretty similar to if you were a car and this person did the same thing. Since they were clearly doing something wrong here and you were not, they would have been considered "at fault." The fact that they left the scene would mean all kinds of additional consequences for them.

The fact that you are a bicyclist and they are a driver is really kind of a non-issue here, legally speaking.

[johnjk.livejournal.com]

Thanks for the information. I must admit I now feel foolish not getting the plate number. It's one of those situations where I just didn't think fast enough...

[m00n.livejournal.com]

One can hardly blame you. I know a few people who have had this happen to them and they all say the same thing, which is that it's just not the first thing that it occurs to you to do when you're still dazed and shaken up from having been knocked off your bike.

Also, most of the people I know, particularly bikers, are just not very aggressive people to begin with, which is generally a good thing, but it also means that it does not immediately occur to them to become confrontational (even if that might be the best thing to do in the moment).

I hope you're okay. And if you are, don't feel bad. I think most of us have made this mistake at least once already. :-)

[qwrrty.livejournal.com]

Absolutely take down the driver's license number if you can think of it, or even ask someone else standing nearby to do so. No one will blame you for being shaky and not coolly collected at this point.

If their car didn't actually hit you, I have no idea whether that qualifies as a hit-and-run or leaving the scene of an accident. I would think it should, but that's a question for a lawyer.

If you've been involved with an accident on your bike, I strongly recommend contacting Andrew Fischer, afischer@jasonandfischer.com (office number 617-423-7904). He is the Boston-area go-to guy for legal issues and cycling. Like everyone else said, legally speaking it makes no difference whatsoever that you were on a bicycle -- but that doesn't mean that a judge or a cop would see it that way. It helps to talk to a guy who knows both cycling and the law to be your advocate.

Glad you didn't get hurt!

[ukelele.livejournal.com]

Oooh, icon love.

[johnjk.livejournal.com]

Thanks so much for the contact info. It's good to know that as a cyclist I have legal recourse in this type of situation. Of course, I hope I never have to use it...

[obie119.livejournal.com]

I'm sorry about your accident. Here is a great resource from the MassBike page: http://www.massbike.org/resources/crash.htm

FYI, the driver's insurance (had they not left) could pay for your damages even without hitting you. A similar situation happened to some friends the other week and the driver-at-fault's insurance is paying.

[johnjk.livejournal.com]

Thanks for the link!

[davelew.livejournal.com]

First of all, it sucks that there was a car in the wrong lane and that you got some minor injuries. However, this phrase in your post kind of grabbed me: "I could not see the lane I was turning into..."

Ummm, if you can't see where you're going, is it really safe to go there, especially going so fast that you fly over your handlebars when you need to put on the brakes? There could have been a disabled vehicle there, a tree branch, an accident scene, or even the Loch Ness monster. Yes, it sucks that there was a car doing something unusual and illegal, but shouldn't you be on the lookout for the unusual and illegal while biking around Boston?

[johnjk.livejournal.com]

You make a good point about always being on the lookout when cycling around Boston. It's true I couldn't see around the truck, but in no way was I going excessively fast. The car was right there when I turned, so even if I was going extremely slowly I still would have had to stop abruptly. I must admit, I've learned my lesson and I'll be much more careful in the future when I make those kinds of turns.

[bgum.livejournal.com]

A couple questions about the incident. 1) Your description makes it sound as if the truck is parked. If so, the motorist would have had to go around it, and you might be more itnerested in going after the truck and its company. 2) Your description also makes it sound like you were headed the wrong way down a one way street. Was this so?

[johnjk.livejournal.com]

Hi. Please let me clarify. The truck was waiting to make a left turn from the side street (Blackstone) onto Western Avenue. It was not parked. Apparently the person behind the truck decided to try and go around it for some strange reason. And no, I was not cycling the wrong way down a one way street; I was going with the flow of traffic. I apologize if my description lacked sufficient detail to make this clear. It's kind of hard to describe in just a few sentences.

Always always always ...

[winterhill.livejournal.com]

... file a police report if an incident like this happens. I learned this the hard way when I got hauled into Cambridge police for hitting a guy on his bike. Actually he ran into *my* car which was not moving at the time but I guess he thought he could get my insurance to buy a new bike. It took a few quality hours with the CPD as well as my sworn affadavit as well as him not showing up at a hearing to clear it up. I know it's a hassle and all, but please call the cops.

Re: Always always always ...

[hr-macgirl.livejournal.com]

what winterhill said.

Cambridge police take account of bicycle-vs-auto interactions and use that in deciding what intersections are more or less safe. Call the police, yes, even though you're not sure if you were hurt, and even though you don't have contact information for the auto.

[mycroft.livejournal.com]

It would never be excusable for an automobile driver to say, "I hit them because I couldn't see where I was going." I don't see how it's excusable for a biker. There are plenty of other reasons there may have been an obstruction there, and you should have proceeded cautiously.