OMG I Was Just Hit By a Car

[kfergos]

Here's my story.

Today is gorgeous. I mean just beautiful: Low 60s, sunny, light easterly breeze. The kind of day when Artemis just begs me to hop on and go for a long, luxurious ride. Who am I to resist? In the afternoon, I donned my really stylish Fat Cyclist Fight Like Susan jersey and took off.

I rode out to Paradise Lake Road and it was so wonderful, and I felt so great -- better than I have in weeks on my bike, strong and not struggling at all -- that I decided to extend my ride. Instead of going home on 124th, I turned onto the Sammamish River Trail and hooked up with the 520 trail in Redmond. I planned to zip up through Kirkland (I was really looking forward to the flight down Northup Way, too), turn left onto Juanita Way, go over that hill, and come back home either on Simonds Road or via the bike path and Waynita Way.

It was gonna be a fabulous ride. Occasionally Mt. Rainier peeked out; the sun felt warm, the shade cool, my legs strong, and I felt like I could just keep going forever.

I might have actually executed my plan if a contractor for Oracle driving a Hertz rental car hadn't turned left into me as I went straight down 148th. I was in the right-turn lane, but towards the left-center, because I wanted to not turn right there but turn onto the bike path immediately across the intersection. Traveling about 19 miles an hour, I didn't even have time to register that this guy was turning until I saw his hood right there on my left. Next thing I knew, WHAM! I'm up on the hood and then down on the ground.

Everything went downhill from there. The driver got out of the car immediately and started urging me to get up out of the street. People were talking to me, other cars were honking, drivers were asking me things, the driver and his wife were trying to move me and my bike out of the way, and I was just feeling incredibly confused and shaky.

I refused to move for a while. Eventually, when I ascertained that nothing seemed that awfully painful, I picked myself and my bike up off the road. The driver pulled his car into a nearby apartment complex parking lot, somebody called 911, and I started limping me and my bike over there. That's when I noticed the front wheel was tacoed -- not horribly, but it will definitely have to be replaced. At that point I stopped worrying about myself and started worrying about my bike: I can't afford to replace the bike or most of its parts.

Which shows my priorities may need readjusting. But I felt OK, for having just been in a collision with a motor vehicle. Anyway, we sat for a while and a guy brought me an ice pack for my extremely bruised left hip (I assume that's where I impacted the car hood, there and my left elbow) and somebody else called 911. The driver and his wife, both from India, begged me not to make the collision sound too bad. The driver said it was nobody's fault... and I didn't disagree verbally, although any left-turn collision like that is a fairly straightforward case of failure to yield right-of-way. Turns out the driver saw me but thought I was going slower than I was, and decided to zip in front of me, or at least that's what I gathered.

I called Mom, who immediately dispatched Dad and Ian. While I waited for them, the Fire Department arrived and started palpating my neck, back, and head, all of which seem fine. Then the medics arrived and talked with the firemen and took over. They didn't seem overly concerned about me since I had been able to walk from the intersection to the nearby parking lot. They asked if I wanted to go to the emergency room, and I eventually decided no: Last time I crashed on my own I got rushed there and was perfectly fine, except for the $700 bill. Now Ian and I don't have that kind of money lying around, and I wanted to avoid it if I could.

So the medics left after giving me an ice pack for my elbow and a hospital blanket. I'd started shivering badly between the ice pack on my hip, my right leg (the inside hit the frame of my bike, I think, and is fairly painful when I stand up), elbow, and all the shock. After the medics left, the firemen hung around and filled out a medical report until the police officer and Dad and Ian arrived. They were probably also making sure I didn't suddenly pass out or start acting really weird or some other indication of brain injury.

The police officer took a report and gave the driver and me a copy of each other's contact information. The driver has an Indian driver's license. Huh. Then we loaded my poor, battered bike and my poor, battered self into Dad's car and went home. Now I've taken ibuprofen and have ice packs strategically placed on my extremities.

Frankly, my biggest worry continues to be my bike. I'm young and very fit, and this was almost as mild as a car-bike collision could have been. I'll have to get a whole new front wheel and helmet for sure, possibly a new front fork since that's carbon fiber and probably is cracked, possibly a new rear wheel, and (oh goodness) new carbon fiber handlebars. I shudder to think of the cost. I just am PRAYING my titanium frame is OK. My fear is that the driver, who at one point said, "This wasn't anybody's fault" and begged me to make it not sound bad when I talked to the police officer (who actually never asked for an account of the collision from me) -- I'm afraid the driver won't or can't pay to fix the damage to my bike. My sense is he and his wife don't have any money; it's going to have to be their insurance company. I can't afford to fix all the stuff that might be broken. But I'll save my panicking in that area until I can have a couple bike shops check the bike out and assess the damage, and until I start working with the driver and Oracle's insurance company. Because of course the driver was insured through Oracle and was driving a rental car.

Dang. I can't believe I was just hit by a car for the first time in right around 20,000 miles.

[NbyNW]

Oh my! Wow.

I'm glad you're walking about, albeit gingerly.

Please be good to your bod, and when the adrenaline wears off, reassess if you need to see a Dr.

I can recommend a good orthopedist and PT in Seattle but maybe someone else will have an east side recommendation for you. Not to mention a lawyer. Sounds like there were plenty of witnesses!

Take it easy, sending healing vibes --

[ASammy1]

(((((kfergos))))) Get healthy! Get a lawyer!

[Fredwina]

Being hit by a car is no fun. been there done that.
It sound like it was the driver's fault - his ins should take care of your damages.
An Atty is good guide - you might want to Pm MM_QFC and get the name of hers

[bluejellybean]

)))Kfergos((( I'm glad to hear you're doing as well as you are, what a scary thing. I'm sure that driver will be paying, clearly sounds like it wasn't your fault. I can totally understand what you're feeling towards your bike, take care of your body too, and listen to it incase there are any "post crash" aches! You'll be up and at 'em soon!

[bluejellybean]

)))Kfergos((( I'm glad to hear you're doing as well as you are, what a scary thing. I'm sure that driver will be paying, clearly sounds like it wasn't your fault. I can totally understand what you're feeling towards your bike, take care of your body too, and listen to it incase there are any "post crash" aches! You'll be up and at 'em soon!

oops backwards brackets...just finished a long ride, getting a little tired!!

[zatar]

Wow, I'm so glad you are okay! I rode in that area earlier this morning and can just imagine the accident; it sounds so scary.

You might consider contacting John Duggan. Our team has used him a lot this year (unfortunately) and all have had good things to say about him. I believe his office is in Seattle, near Qwest Field.

Also, Erik Moen is a great physical therapist with lots of cycling experience. He's located in Kenmore (near Log Boom Park).

[Skierchickie]

Kfergos! I'm so glad you're alright! Or, mostly so, anyway. Take care of yourself - you'll be sore tomorrow. On the bright side - the guy may have pulled bone-headed move and nearly killed you, but he didn't flee the scene. His insurance should certainly pay for your bike damage, shouldn't it?

Don't hesitate to see a doctor.

Glad you're walking around.

[Zen]

Like Skier said, glad you're mostly OK.

But you've got to stop thinking like a woman.
The guy hit you, he doesn't have a drivers license. Let him worry about how he's gonna pay. And make him pay.

[channlluv]

+1 to what Zen said.

It's a clear cut case. He hit you. He admitted he saw you, but turned anyway. Failure to yield. Did the police issue a ticket?

If he was driving a rental car, there's sometimes insurance attached to that, unless he waived it to save money.

It's his responsibility to cover your losses here. Consult an attorney. They're paid out of the proceeds of the lawsuit.

I'm so glad you're not hurt badly, but do go get a full physical checkup.

Roxy

[Crankin]

I am sorry, Katie. This is worse than dealing with the Massholes...
Hopefully, you will be able to fix your bike. Take time and heal yourself and follow the advice of everyone here.
Funny, I was thinking about you today because we are planning our spring warm up ride.

[KnottedYet]

((((kfergos)))))

((((((bike))))))

[zoom-zoom]

Ugh, I am so sorry. I'm glad you're OK, though. Don't let this guy get off scott-free. He can't be allowed to think that it's acceptable to drive like an idiot and risk someone's life.

[OakLeaf]

(((((((((kfergos))))))))))

If the driver doesn't have insurance, then if you have uninsured/underinsured motorist coverage on your car or moto, that should cover at least your physical injuries and their consequences. Usually you don't have to have been in your car, it just has to be an auto accident.

+1 to getting a lawyer. Don't let your desire to forgive this guy emotionally, lead you to make bad decisions about your health or your finances.

[sgtiger]

(((((((kfergos))))))))

Take it easy and get yourself checked out.

[colby]

What a sad way to end a beautiful day. :( Hang in there, take it easy on yourself - mentally and physically. Thinking of you.

[PamNY]

Glad you are okay. Good luck with your bike.

Pam

[jdubble]

Eek! I'm so glad you weren't seriously injured! And mad that the police didn't ask for your account of what happened! :(

[XMcShiftersonX]

Wow... That must have been so scary! I'm so sorry you had to deal with this while you were trying to enjoy this beautiful weather. It's totally understandable to be worried about the costs of repairing all of this (yourself and your bicycle). These are hard times as it is. I hope it ends up not being too much of a struggle, you've already been through enough! I agree with everyone else about holding this man accountable. Quite frankly, he seems a little sketchy for whatever reason, maybe it is that he doesn't have an accurate license to drive here, or it's money concerns on his part. But nevertheless, that is not your problem. I'm glad he at least pulled over, but it is wrong for him to try to manipulate you in to saying the situation is not as bad as it was. Think about yourself first. You did nothing wrong in this situation, and you'll need the financial help that he ought to give you. I hope you feel better and can ride again soon. Hang in there.

-Jessica

[lph]

Oh no! Heal up fast, and I hope you find a way to get your bike fixed up!

[Selkie]

Thank goodness you're ok.... what a scare!

Agree with the others. Don't let the driver get away with this. Did he offer to fix the bike? At minimum, he owes you for the repairs. I hope he's not here on a visit---it he returns to India...well, at least you know where he works. Get an attorney.

Take pictures of the bike, your injuries. You've already written this all down while it's fresh so it's documented. Did you tell the cops what he said? Make sure that's in the police report.

[pfunk12]

Kfergos - I am glad to hear that you are okay. How scary. Take care of yourself and like others have said, get a lawyer.

[redrhodie]

(((kfergos)))

What a horrible crash! I'm so glad you walked away from that! I hope you aren't hurt worse than you think. Let us know how you're feeling later.

Get a lawyer. You shouldn't have to pay for his mistake.

[runningteach]

I am so sorry but glad you walked away without any serious injury. I hope that you are not sore today. The rental car has insurance and I would go through them. You should not have to pay for any repairs to your bike. Get a lawyer. I was hit by a car and having a lawyer was essential.

[Bike Chick]

Oh how horrible! I am so glad you are able to talk about it and weren't injured worse than you were. I would see a doctor though to be checked out completely and a lawyer for sure.

I was almost hit yesterday by some impatient, crazy kid driver. He pulled out to pass a car coming toward me and hit the accelerator and swerved so hard when he got in my lane the car rocked back and forth. I couldn't get to the ditch fast enough. My heart jumped to my throat. I can't imagine how it felt to make contact.

If we let drivers off scott free and never say anything, the public will never be educated and nothing will change.

[Biciclista]

I know a lawyer. There are at least 2 good bike attorneys in Seattle. Mine is George Thornton. PLEASE get a lawyer. and i'm so sorry you were hurt!

George A. Thornton
Address:
1000 Second Avenue Suite 3310
Seattle, WA 98104


Phone:
(206)621-0600

Fax:
(206)621-6443

Email:
gtlaw@seanet.com

[spokewench]

Kfergos - I hope you heal quickly and everything is fixed without too much trouble. Do not feel sorry for the driver of the car; he is lucky it was not worse! He hurt you and your bike by not paying attention and he needs to take care of that. bottom line

[malkin]

Hang in there!

Sorry this happened.

[roadie gal]

Wow! I'm so glad you're OK. I'm with the others, get a lawyer and make the guy fix your bike.

[Grog]

((((kfergos)))) I hope you feel better soon.

I agree with what all the others say. Good luck.

[Eden]

The driver's insurance should absolutely pay for everything - a whole new bike if need be. If they give you any trouble definitely contact a lawyer. I can give you another reference for someone who specializes in cyclists.
Mimi Bailey
Stritmatter Kessler Whelan Coluccio
206-448-1777
http://www.skwcbikelaw.com/

It's ridiculous that the driver wanted you to down play the whole thing. It was totally his fault - he turned in front of you! Don't let anyone try to tell you different or convince you that they don't need to pay for your injuries and damages because it was no one's fault. When a driver makes a decision it's not an act of god.... Of course it was his fault.

It's the same thing that happened to me last summer (being left hooked in Kirkland that is). I had a somewhat better experience with the police though. They agreed that it was clear cut failure to yield on the driver's part and gave her a ticket. (and a bigger one for driving without insurance...) I hope your driver gets a ticket too. As far as who pays, I would think with a rental car that *someone* has to have insurance on it, be it the driver, the company who hired him or Hertz, who owns the car.

I hope your bike is OK other than the clear damage to the front wheel and I hope you are OK too - I would encourage you to get checked out. You deserve the peace of mind and the insurance of the person who hit you should give you that. (but yes I understand the reluctance to go to the ER... I almost did not. Everything turned out fine, but the possibility that I'd cracked my knee cap was definitely there. I could stand up and walk around, but my knee had swollen so much in just a few minutes that I couldn't bend my leg)

Do be prepared for it to take some time.... I was hit in June and finally resolved all the bills in December. And my case was not all that complex. An ER visit, an X-ray and a physicians fee.

[7rider]

Wow. That sucks. Glad you're okay for the most part.
I won't re-state what all these folks say, but there's a lot of good here for you.

[Karma007]

Nothing like sitting at the scene of the crime, trying to get your bearings. Warm fuzzies to you and your bike, and mucho hugs!!!!

[jobob]

I have nothing more to add, apart from my own relief & gratitude that it wasn't worse, and my best wishes for your speedy physical, emotional & financial recovery.

I agree, some excellent advice from those who preceded me.

[TrekTheKaty]

Get to the Dr so you have proof of injuries from the accident. Take as many pictures as you can. The driver should replace your bike AND cover your medical expenses. Unfortunately, cyclists have to PROVE they didn't do anything wrong. Don't let this drop.

[maillotpois]

I am so sorry this happened to you. As many have said - GET A LAWYER.

I note you said this guy was a contractor for Oracle driving a rental car. Perhaps he was driving in the course and scope of his employment for Oracle - did they perhaps rent the car for him, was he in the country because of work, etc.? Perhaps Oracle is also on the hook here if it turns out that this guy is uninsured or otherwise uncollecatble.... Be sure you tell your atty this possible lead.

[owlice]

Wow. Wishing you a speedy and complete recovery, and new parts for your bike!

[kfergos]

Hey ladies,

Thank you all so much for the good wishes and advice. Last night I also came down with a cold and started my period -- these things come in 3s, right? :rolleyes:

Anyway, I did not end up going to a doctor, but the firemen gave me a decent examination and provided me with a copy of their medical write-up from the scene. I also took pictures today of the bruises, swelling (not easy to photograph!), etc. I'm very sore but, considering, pretty much unscathed. I think he didn't actually hit me, but rather slammed into my front wheel and knocked me over. All my injuries are consistent with the times I've just fallen over by myself, with nothing on my shin (say) where the car bumper would have hit.

Lawyer-wise I'm thinking of going to John Duggan, who I encountered purely by accident on my commute in on the I-90 trail a few months ago. Turns out he's also extremely active at the Bicycle Alliance of Washington, where I work. I'm just not sure if I really need a lawyer if it doesn't go to court. I think I'll ask around at work tomorrow and see if he'd at least give me a consultation pro bono, since I'm a poor AmeriCorps intern at his favorite bike nonprofit. :p

Now the real important news: My bike. The front wheel, of course, requires replacing. The carbon fiber front fork and carbon fiber handlebars (new this fall -- sob!) don't show any damage but the bike shop guy recommended replacing them if I can. His quick estimate put total repair costs around $1000. I just hope I can actually get that much out of whatever insurance company ends up dealing with it.

ETA: I forgot to mention that the drivetrain, deraillers, shifters, and brakes are all just fine, as is the back wheel. The entire back half of my bike is essentially unscathed! And, since I fell on the opposite side of the drivetrain, that got nary a scratch.

[Catrin]

I am glad to hear that you were not hurt more than you were, and thankful that you know a good lawyer. Insurance companies try everything they can to not pay out...and I do hope the driver has insurance. Wishing for a safe and speedy recovery for you, and your bike!

[salsabike]

K, I am so sorry to hear this!

[PscyclePath]

((((Kfergos))))...

I joined the same club last Sunday afternoon, when I was rear-ended by a drunk driver while pedaling off from having waited out a red light. Oddly enough, we were both sitting stopped there at the light for at least a couple of minutes. The driver had two open bottles of liquor, and a glass in his cup holders; after checking to see if I was conscious (I was), he fled the scene on foot, leaving his truck sitting on top of my bike in the intersection. The police caught him about 8 or 9 blocks away, still running.

I was knocked about 12 to 15 feet, but managed to land unhurt except for a pulled muscle in the right calf, apparently from getting knocked out of my pedals. The first three days of recovery were pretty miserable, but I was able to get back on a bike Saturday afternoon, and do the weekly club ride again yesterday, though I certainly didn't push too hard.

You need an attorney. The car driver is liable to you for all your medical bills, a shiny new bike, and more than likely, damages for pain and suffering. The car rental agency is likely also another liable party.

Getting hit like that definitely affects you both mentally as well as physically. Take some time now to get checked out thoroughly (you'll need that for your claim), find a good attorney (looks like you have), and heal both your mind and body. Then you sue that fellow's XXXXXX rear end off, and his rental agency too

[OakLeaf]

sue that fellow's turban off Can we do without the ethnic stereotyping? That really doesn't become you, or this forum (or any other one), Tom.


Anyway, very glad both of you are mostly OK - from the other thread, sounds like your frame was totalled, Tom? :(

[arielmoon]

((((Kfergos)))) (((PP)))

[spokewench]

Hang in there. I think sometimes the hardest part about getting hit is the aftermath later, not so much the physical, but the fear it can engender in us when we are riding in close situations again. So, remember, if you are feeling uncomfortable riding your bike in the near future, that is normal. You will slowly get over it.

Spoke

[kfergos]

Anybody have a sense of whether I should go ahead and repair the bike myself and try to get reimbursed, or wait on repairs until I get money? The problem is that this bike truly is my car, and going without it is extremely logistically challenging.

[Fredwina]

My atty told me not to fix it until we had agreed on a settlement.
However, I do have a car and more than one bike, so I wasn't as incovienced as you would be.

[GLC1968]

Wow, kfergos - I can't believe you rode so much in New England but managed to avoid getting hit by a car there and yet you come to the 'bike friendly' PNW and get hit! What are the odds?

I'm glad to hear that you are on the mend. I hope the bike repairs work out for you. Can you maybe borrow a bike until you get the OK to get yours repaired, perhaps?

[channlluv]

I was rear-ended, too, two weeks ago tomorrow, but I was in my car. Other than a low-grade headache and some whiplash issues that are keeping me off the bike and out of the pool, it was pretty minor. There is only $400 worth of damage to my car, but it's a two-day repair job. My insurance has rental car coverage, though, so if I need to rent a car, it's covered as well.

The other guy's insurance will cover everything. It was 100% his fault.

You need to contact someone to help you get the insurance stuff handled so you can at least rent a car while your bike is being repaired or replaced. Seriously. Call the lawyer.

I hope some of the soreness is abating by now.

Roxy

[Biciclista]

Anybody have a sense of whether I should go ahead and repair the bike myself and try to get reimbursed, or wait on repairs until I get money? The problem is that this bike truly is my car, and going without it is extremely logistically challenging.

please talk to your attorney. And you should go to the doctor if you can. This will all be reimbursed.

ps, I can loan you a bicycle. I don't know your size... but...

[channlluv]

Hey, kfergos, just wondering how you're feeling and how this all worked out. Did you get a good settlement? I hope the lawyer was able to help you.

Roxy

[kfergos]

Hey ladies, here's a little update on how all this turned out. Hertz Claims Management wrote me a check for $1,400 for repairs without batting an eye. They also agreed to pay for the cost of the rental bike, although I doubt any of us imagined that it would take 6 weeks for me to get my bicycle back repaired (I haven't gotten reimbursed for that $985 charge, so this matter isn't completely resolved yet. Also I have an ongoing issue with the shop that did the work, but that doesn't stop me from riding the bike). It's taken another 2 weeks since then to actually get it back into 100% enjoyable-to-ride condition. I

Here's how it turned out after the repairs:

http://farm5.static.flickr.com/4021/4612962391_b454e01625.jpg

http://farm4.static.flickr.com/3413/4613579498_62df4f13a7.jpg

http://farm4.static.flickr.com/3411/4613578718_85f4f6e612.jpg

http://farm4.static.flickr.com/3565/4612963313_3a6d8cfd3a.jpg

The work included: a Davidson fork painted to match the fenders; a new Terry Donna Butterfly saddle; a new left-side crank arm; a new front wheel; new pedals; and replacing the broken carbon bars with an old aluminum set I already had. The new wheel and crank arm don't match the old ones because colors have changed since I built the bike originally.

Overall I'm satisfied so far. I'm not totally happy with the results because of the mismatching, the terrible customer service at the shop that did the work, and the outstanding rental bike cost. But I have my bike back for Bike to Work Week, so I'm not complaining. :rolleyes:

[staceysue]

Good thing he was driving a Hertz car and it was insured. What a pain in the butt for you to have to go through all this. I'll bet you'll be so relieved when it's all finally resolved.

[LilBolt]

The great news is that it is still very much YOUR bike and even more important that you are able to keep riding. I hope your Commute Challenge spoke card is worn to tatters by the end of the month.

[kfergos]

I'll bet you'll be so relieved when it's all finally resolved.You can say THAT again! :D

[shootingstar]

Ride happy kerfogos! :) Looks like a bike you'll lovingly wash ..off the Seattle rains. :)

[TrekTheKaty]

Glad to hear your getting results. Don't give in until you are totally reimbursed!