[identity profile] johnjk.livejournal.com posting in [community profile] davis_square
 
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. 

Date: 2007-09-17 08:46 pm (UTC)
From: [identity profile] 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.

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