Author Topic: Bike-Car Accident  (Read 5009 times)

bogyra

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Bike-Car Accident
« on: June 27, 2015, 01:24:40 PM »
Hello everyone. I come to you for advice in this hour of need. I was involved in a car - bike accident last evening. I was on the bike crossing an intersection in a residential area, where the speed limit was 40 km/h. The intersection was marked by 4 all-way stop signs. I was already engaged in crossing the intersection heading northbound, when a car approaching the intersection heading west (perpendicular to my direction of travel) did not come to a full stop and charged through the intersection. In order to avoid the collision, since the car was less than 6 feet away and was still moving, I steered left. Judging by the damage to my bike, the car probably hit the back tire of my bicycle, caused the bike to steer abruptly and consequently caused my fall. I fell to the ground, hitting the pavement head first (on my left temple) - it was a very severe shock and I started to bleed abruptly. I had blood all over my face, traces of my blood are still in the intersection as we speak. My glasses broke and I was thrown off the bicycle. The driver showed some hesitation and attempted to flee the scene (i.e. pass through the intersection steering beside me, leaving me lying on the ground with no intention of providing help). When he saw me looking insistently at his license plate trying to memorize it, it finally decided to stop.

Meanwhile still fallen onto the ground I was yelling at him to call 911, I must have requested this several times, but he was hesitant. Another car came from behind him, stopped, the second driver came out of the car. He probably heard my repeated requests, because he rushed towards the first driver asking rather angrily "Are you going to call 911 or not?" Another 2 -3 cars stopped afterwards and people helped me clear the intersection and sat me on the grass, while offering some water to drink and to wash my wounds. Somebody even drove home to fetch a first aid kit. A few minutes later the paramedics came, followed by a police cruiser. As I was attempting to give my statement, the police constable told me not to worry and let the paramedics first attend me since this was more important. I was then placed inside the ambulance and taken to the hospital. The police constable come to the hospital about an hour later, and when I asked if he placed any charges against the driver he said he had not, since no since of a criminal offence took place, I had no direct witnesses, and it was my word against the driver's. He said that the driver said that he obeyed all the traffic laws, came to a full stop prior to the intersection, and that I came from nowhere and he did not see me. I told the police constable that following the laws of physics, a bike needs several seconds to make its way 3/4 of an intersection, especially when starting from a stationary position, and cannot just appear out of nowhere in the middle of the intersection. The police constable said that there was no damage to the car or to my bike, and no skid marks on the road. In that area the pavement is covered in cobble stone which makes it impossible to trace skid marks. Therefore he refuses to lay charges against the driver and the file is closed. I ask him if he was going to let an irresponsible driver walk away, which seemed to irritate him. I even pointed that he could check the cameras from the school located at that intersection to gather the authenticity of what had happened, but he dismissed my point as something ridiculous.

Later on, while waiting at the hospital (it was going to be a very long night), as I was reading through the pamphlet he gave me, I came across a statement stipulating that when a body injury was involved, an official photo may be taken. I called 911 again asking why a photo was not taken, despite the fact that my face was disfigured, covered in blood and severely bruised. After much delay and dozens of useless questions, they finally put me through to the constable. When I asked him to come to the hospital to take an official photo of my injuries, he said that the file was closed, the conclusion was reached and no photo was deemed necessary. I asked whose responsibility was to reach that conclusion, and he said it was up to him. When I asked him to provide me with the contact information of the person in charge above him, he refused saying that he was the only one in charge. I pointed out that based on the police hierarchy, there must be somebody in charge above him, but he stubbornly replied that there was nobody else. This phone call was extremely frustrating and made me seriously consider that some type of cover up was taking place.

I underwent a series of examinations, x-rays, blood work, stitches and in the morning I was discharged. Follow up tests and examinations are necessary. I went back to the scene of the accident to gather evidence. I took pictures of the blood stains on the pavement, there was a trail of blood starting at the place of impact with the pavement, all the way to the corner of the intersection were I sat down on the grass. I was also able to locate one of the lenses of my broken glasses lying on the pavement. I took pictures of everything, I even made a video to show the intersection, and the location of the accident. I do not know why the police constable missed all this evidence.   

I called 911 again asking to speak to someone in charge. The response was the same: the case was closed and no evidence was to be added. I complained that I was discriminated against, that the constable's investigation was conducted inappropriately, it had serious omissions and errors in it, and he did not take my statement before reaching his conclusion. I have a feeling of defeat and hopelessness, where the police has failed to protect a private citizen and there seems to be no recourse. I desperately need guidance. In my current state I cannot show myself in public, I cannot go to work, it will be weeks before all the swelling and bruising heals, not to count the side effects from the head trauma. I have an acute feeling of betrayal and hopelessness, how do I bring justice into this case? I tried to be as coherent as possible, it took me a while typing this rather long message. 

fauxsoup

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Re: Bike-Car Accident
« Reply #1 on: June 27, 2015, 01:40:47 PM »
I don't know much about the law where you are, but the constable's behavior following the accident sounds like misconduct. Since he violated standard operating procedures by not photographing the scene and closing the case before taking your statement, you may have a case to be made (note: the first point will be easier to argue, as it's not a hearsay argument; request the case file from the police department, and the lack of photographs paired with this case file may be evidence enough.

It wouldn't hurt to go to the school and see if they'll give you a copy of the tape from that intersection at the time of the accident, though they may not be willing to do so.

Lastly, if you remember the license plate of the driver (and especially if you manage to get the video), you may have a viable personal-injury case against the driver. Any mention of the license plate/driver in the police report is evidence of the accident, and any photographs you take of your injuries may be used as further evidence.

You're probably best off consulting with a lawyer for determining how to approach this.

Good luck.

brooklynmoney

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Re: Bike-Car Accident
« Reply #2 on: June 27, 2015, 02:00:59 PM »
I'm very sorry to hear about your accident and wish you strength as you recover.

I don't know where you live, but people are killed in Brooklyn on their bikes or as pedestrians, sadly not infrequently, and the cops rarely press charges or sometimes even investigate. It's a big problem. (I actually saw a woman pinned under a van this week because thhe van had blown through a yellow light and hit her).  Maybe you can sue the driver personally instead of trying to involve the police? I'm not a lawyer so am not giving you legal advice but I think that's what I would try to do if it were me.

MDM

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Re: Bike-Car Accident
« Reply #3 on: June 27, 2015, 02:17:24 PM »
Sorry to hear about this.  Seems good advice from the previous posters.

You might reconsider "In my current state I cannot show myself in public, I cannot go to work...."  People have injuries all the time, and you don't need to hide yours from the world.  You might even get some ideas from conversations that start "What happened to you?"  "I was hit by a car while riding my bike."  Don't add self-inflicted insult to your very real and unfortunate injury.

bogyra

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Re: Bike-Car Accident
« Reply #4 on: June 27, 2015, 02:39:41 PM »
Thank you everyone for your guidance and support - much appreciated!

The reason I cannot make a public appearance is the existence of a horribly looking black eye, that is entirely clogged and cannot be opened. I was afraid that shattered glass entered into it. I have an appointment with an ophthalmologist and a plastic surgeon on Monday. Believe me, right now I am not a pleasant view, my son was shocked when he saw me this morning, with my head wrapped in several layers of bandage!! As the freezing is wearing off, I am starting to battle a wide spread headache...

 

sol

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Re: Bike-Car Accident
« Reply #5 on: June 27, 2015, 02:41:32 PM »
Just get a lawyer.  He'll probably take most of your settlement, but at least the perpetrator won't get away with it.

Greg

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Re: Bike-Car Accident
« Reply #6 on: June 28, 2015, 08:58:24 AM »
Stop calling the police, and go down to the station and ask for a supervisor.  Make a complaint and file your own accident report detailing your version of what happened, for starters.  You also need to get the driver's insurance info and pursue that for damages, personal as well as property. 

meg_shannon

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Re: Bike-Car Accident
« Reply #7 on: June 29, 2015, 08:00:25 AM »
Where do you live? If you're in the United States, I would contact a lawyer. Chances are the driver won't be prosecuted. Most police officers view accidents from the driver's perspective. There are hundreds of cases every year in the States where drivers KILL cyclists and pedestrians and few are prosecuted. You may be able to sue the driver for civil damages. You are correct that the police are failing you.

partgypsy

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Re: Bike-Car Accident
« Reply #8 on: June 29, 2015, 08:11:21 AM »
I would pursue this. Make sure they take down your description of the accident. Give them photos of the accident scene. Get a lawyer. This has happened in my home town, it seems that whenever there is a bike/car accident that it is the biker's fault. There was a terrible hit and run that occurred (killed the biker), looked like they didn't even try to find the hit and run person and no one was ever charged.

GuitarStv

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Re: Bike-Car Accident
« Reply #9 on: June 29, 2015, 08:50:08 AM »
Get the badge number of the police officer and lodge a formal complaint against him at the police station.  (Don't keep calling 911, this is no longer an emergency.)  Explain the situation that you were in and ask the school for any camera recordings they might have of the incident.  Photograph your injuries.  Photograph the intersection where it happened.  Keep a detailed written record of exactly what happened.  Record the license plate of the car that struck you.

All of the above will be important when you contact a lawyer and figure out what actions can be taken.  Hang in there!

BlueHouse

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Re: Bike-Car Accident
« Reply #10 on: June 29, 2015, 02:00:55 PM »
In my area, we have an association to support bicyclists called WABA (http://www.waba.org/blog/2015/06/crash-victim-bill-moving-forward-in-dc-council/).  Find out if there is a similar group in your area and get in touch with them.  They can help you with the laws and making sure you do everything right for you to protect your rights.

Good luck and I hope you feel better and make a full recovery. 

Louisville

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Re: Bike-Car Accident
« Reply #11 on: June 29, 2015, 02:06:38 PM »
Just get a lawyer.  He'll probably take most of your settlement, but at least the perpetrator won't get away with it.
This. Exactly what lawyers are for.