Crashed again...

[Meighan]

So I crashed on Monday... didn't post it here cuz I've been kinda out of it on pain meds and stuff, and just out of it in general due to a concussion.

I was heading to work, traveling the way I usually go, heading down a one way street in the far left of three lanes all heading north. I come up on an intersection on a green light, scan left to right, see a car to my right which is starting to turn right onto the street I'm on. I figure that the car is turning into the centre lane, since that was the first available lane (the right curb lane had construction in it)... how wrong I was, she went right across three lanes and the next thing I know she's right in front of me.



Now I had three options, 1) brake and continue straight, impacting with the car and probably being hurt quite badly. 2) brake and swerve to the right, which would place me in the path of rush hour traffic in the centre lane of a busy street. 3) brake and swerve to the left trying to sneak past the car.

I decided to try to swerve to the left, but I ended up clipping the curb and the bike flipped up onto the side walk and landed on it's right. I was thrown and twisted, landing on my left side, snapping my neck back and hitting my head.

I did have full gear on this time (unlike last time when I had on the jeans and got nasty road rash..) so I didn't get any road rash.

As soon as I crashed I jumped up and started telling off the driver of the car, she had stopped which was good of her. Someone called 911 and the paramedics arrived, they strapped me to a back board and put a collar on me. They started poking at me and asking if I had any weird sensations in my hands, I told them that the index finger and middle finger on my right hand felt like they had pins and needles. I was transported to the hospital, had x-rays taken, nothing broken... I have a concussion, bad whiplash and possible nerve damage (that explains the fingers).

The shitty thing is I might be considered "at fault" or partially at fault for this crash... even though I had the right of way, and the driver of the car did something really stupid. Because her car was fine, it's hard to prove what happened, there were 3 witnesses that came up to me at the scene before the paramedics came and gave me their name and numbers, so it's up to the insurance company now. When she first stopped she said it was her fault, and she said sorry, blah blah blah... but when the insurance claim adjuster called her today she decided to dispute my claim, so she's decided to lie about it.

That's one thing I really hate about British Columbia, Canada, we only have one insurance company that everyone uses, and more and more and more they are functioning like a money making corporation and not serving the interests of it's clients. So, anyway, since I don't have collision coverage, if I am found at fault then I'm screwed, no bike and no money for it. I'm only covered if the other driver is found at fault.

I've gotten a lawyer, and I think that's going to help.. we'll see how it all pans out.

I'm fairly sure the bike's a write off... it hit pretty hard. I was taken off to hospital before I could inspect it

[Kerry]

:x   :x   :x

I'm glad you're at least feeling well enough to create such a cool diagram.  

Best of luck with your health, and with the legal fight.

[pixelmonkey]

glad to hear nothing is broken and your gear did it's job!

sorry to hear about the accident in a whole. i've had a couple of close calls from other drivers not yeilding the right of way to me when they should.

have you had the chance to inspect the bike any since the accident?

keep us updated, and i hope things work out for the best for you!

chris<pixelmonkey>

[Meighan]

:x   :x   :x

I'm glad you're at least feeling well enough to create such a cool diagram.  

Best of luck with your health, and with the legal fight.

Heh, well I've been off work all week, and so I had lots of time to prepare my statement for the insurance company which I submitted today. My lawyer said "sketching out the intersection always helps" so I did that diagram and when I showed it to him he looked at it, looked at me, looked at it again, and then looked at me and said "... so, I take it you're a very detail oriented person?" lol.

[pantablo]

meighan, meighan, meighan...

So sorry to hear about another accident. Good thing you were wearing gear this time!

Couple of things-
First, while I dont think you are at fault, even partially, you could probably have prevented this from happening by assuming the worse (that the car would go wide into your lane) when you spotted it. Especially true given you saw the cosntruction in the far right lane.  Always assume the worse. That way you're more prepared. Hppefully you have already realized your contributing error of judgement and can use this experience to learn from.

Secondly, the insurance co's in BC sound like all the companies in the US...They will always dispute a claim and make it difficult for you to get a payout. They will always say you were partially at fault (for a multitude of reasons, usually speeding as a contributing factor).

Third, I've found that in this kind of instance, having not made actual contact with the other car makes it difficult to prove their fault or even involvement sometimes. I've learned the hard way that if in that kind of instance some sort of actual crashing together is necessary to ensure that all parties are interested in sorting it out. This is true for car-car and bicycle-car accidents I have been in or nearly in.

Dont take this the wrong way. I'm just trying to help make this a positive learning experience. I'm glad you made it through okay. Good luck with the insurance.

[Meighan]

Third, I've found that in this kind of instance, having not made actual contact with the other car makes it difficult to prove their fault or even involvement sometimes. I've learned the hard way that if in that kind of instance some sort of actual crashing together is necessary to ensure that all parties are interested in sorting it out. This is true for car-car and bicycle-car accidents I have been in or nearly in.

Yeah I know, that's why I said I could be found at fault or partially at fault. Like I've been saying to my friends lately "next time I'll just hit the car instead of avoiding, if I live I'll cash out big time on the ICBC lottery".

Hopefully the witnesses saw everything and can speak for me and help the fault be placed on the other party... they all approached me I didn't ask anyone, so that's always a good sign.

The police also did attend the scene and there's a police report, which helps my case a bit.

[Dima26]

Sorry to hear about your accident
I wish you speedy recovery and best of luck getting the money from the insurance company.

[TheGoodGuy]

sorry to hear about your crash megian.. atleast your alive and doing good.. and thank god you were wearing gear this time.

Accidents happen, we just recover and ride again

[cajrovd]

All I can say is, DANG!! Glad you're ok meighan!

People ALWAYS change their story after an accident, especially if they're at fault. It sounds like the lady decided to plead innocent until proven guilty. Smart move to get a lawyer.

Not sure if the cops took pictures of the intersection or not, but they also really help, especially since its a construction zone and subject to change. If they didn't, try and get some photos of the intersection at the same time of day (showing traffic, construction, etc.), similar weather conditions (if its factored into the arguments), same traffic movement (car pulling into the lane), etc. I'm sure your attorney is aware of all of this...

Insurance adjustments and claims can take a while to process and by the time it goes to arbitration or court, the scene of the accident is totally different and can actually swing in favor of the other party.  

Just happy to hear you're ok...

[scorpi0]

Damn! Actually I was wondering where you are as I haven't seen you post past week. Sorry to hear you crashed, glad you're fine. I hope the insurance thing turns out okay, good luck with that.

[mp183]

Stick to your guns.  You are not at fault.  The thing about not making contact does not mean anything.  I was run off the road 2 years ago.  No contact was made and I crashed in soft dirt.  No witnesses but my 7 year old and the guys 10 year old.  My 7 year old was on the bike with me.  I did not take him to the hearing.  He took his 10 year old to the hearing and had him prepared to lie for him, but the judge did not ask the son to testify.  How sad is to get your 10 year old to lie for you?  Long story short, I won the case.  Diagrams help.  The judge looked at both sides and decided that my story was the more likely scenario.  He was kind enough to tell the guy in front of his son that he must be mistaken about the details.  One thing I have learned is that no one takes responsibility for their actions.  Good luck.  Glad to see that you are safe.

[dgyver]

The most important part is that you were not seriously injured.

Not familiar with your laws, but here a turning vehicle is required to stay in the closest lane, as she did not. If her story is not the same between the cop and the insurance company, this can be a benefit for you.

Heal well.

[jiggersplat]

goodness... you have the worst luck.  but think of it this way, you are building up good karma.  it all evens out in the end.

anyway, down here in the good ol' litigious U.S. of A., even if the other woman is not found at fault by the insurance company, we have plenty of ambulance chasers (a.k.a. scumsucking lawyers) that will happily help you sue her in civil court.  so you would still have some recourse.

[Laura]

Sorry to hear of your accident, and I hope you heal quickly.

Laura

[Stephen072774]

I sure hate to read this Meg.  You have my prayers and well wishes.  I hope everything works out for you.  Hope you feel better, a cuncussion and whiplash is serious stuff.

[pprider]

ahh dang girl sorry to hear about your accident. Glad you were wearing full gear though  hope you have a easy recovery and get the money from the insurance company. nice job with the graphic and keep us updated!

[cozy]

Dude be careful with the head for awhile! Sorry about the bike. Driving a car lawfully is a thing of the past it seems. At least you've got seven lives left, right?

[The Buddha]

Yea its sad to hear ... but good ... you had gear on, actually I have just started weraing gear again this year... I dress for the weather being a commuter... so all summer I am running with helmet and gloves (that always) not out comes jackets pants and maybe a decent pair of boots... anyway, good you are un hurt, and even better that she stopped... in a non contact accident... that I had in canada (toronto) the driver didn't stop, didn't even slow down. Yea they are either ass%^les at the moment, or ass%^les after they have calmed down...
Cool.
Srinath.

[bcutrufelli]

sorry to hear about that  glad to hear your ok though

[scratch]

Oh, Meighan, hope you feel better.

I'll echo what Pantablo said; being self-analytical is a good way towards becoming a better, safer rider. And, good thing you were wearing gear! I'd rather sweat than bleed.

You do have three witnesses.

Again, hope you feel better.