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my fault for getting hit by a car while i was riding my bike?!?!

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    my fault for getting hit by a car while i was riding my bike?!?!

    Wednesday night i was riding my bicycle home from a friends house in street in Richmond and as i was going through an intersection with a green light a car coming towards me decided to turn left and ran into me. all the damage started on the car's front right bumper and went in a line to the bottom left corner of the windshield where my elbow smashed the glass in. i flew up about 10 feet, rolled, and landed on my feet. the last thing i remember seing was the car in front of me and i thought i hit him, so right after i almost died it was saying "i hit a car". i dint have lights on my bike, but i was wearing a with shirt and the area is well lit. i also dont remember the car's turning signals. so then the cop says that a "witness" said i was on the sidwalk and so it was my fault. he didnt site me for the no lights thing, but said i am at fault and i have to pay for every thing. he filled out a "non-reportable accident form" and long story short, i got fucked and now i think i might get stuck with paying for him not yeilding to me. i dint go to the ER because i thought Urgent Care would be quicker. i have one witness who where i was when the car hit me, but not where i came from. so now what? any advice would be amazing!!!!
    sigpic
    1987 - 325i Convertible Delphin Auto [SOLD], 325i Convertible Delphin Manual [SOLD]
    1989 - 325i Convertible Bronzit m30b35 swapped [SCRAPPED], 325i Sedan Alpine Auto[DD]
    1991 - 325i Coupe Laguna Manual [Project], 535i Sedan Alpine [SCRAPPED]

    #2
    Lawyer.
    "We praise or find fault, depending on which of the two provides more opportunity for our powers of judgement to shine."

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      #3
      get a stick of chewing gun, an old spark plug, and some twine.... im sure you could find a way out of this mess


      Originally posted by vlad
      Do you know anybody else who built that many bad ass E30s?

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        #4
        Originally posted by turf1600 View Post
        lawyer.
        +1


        '89 325i - Totaled... good bye my love...
        '87 327i budget stroker - SOLD!!!
        '92 240sx - ca18det powered drift toy - SOLD!!!
        '89 325i - coupe - NEW daily
        '96 Audi A6 Quattro- Grocery getter/baby hauler
        '99 Busa - weekend wheelie monster

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          #5
          Don't know about in your state, but here, cars don't have to yield to bikes if they are riding in the street with traffic.

          Still sucks though. Sounds like the guy in the car didn't see you, but that isn't really your fault. he should have been looking better. What if you would have died? Would it still have been your fault? Hell no.

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            #6
            I own a bike shop, and have served as an expert witness in several court cases regarding similar incidents. Before you waste your money with a lawyer, review this site first.

            As I read it, you were in the wrong for not being equipped with lights in accordance with the law. White shirt and street lights are not mentioned as possible mitigating factors in the law, therefore it is irrelevant.

            All the motorist has to do is tell the judge he didn't see you because you had no lights. This situation is the same as if you were driving a car with no lights. Since VA law treats bikes the same as motorized vehicles, you were in the wrong. Had you been properly equipped and he still hit you, then you have a case for negligence on his part. Bike lights are cheaper than lawsuits and bodywork. Getcherself one.

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              #7
              If I remember right the drivers handbook back when you get your license says cars should yield to pedestrians, i dontk now if that counts for bikes... I think they should have stopped, and agree with Turf1600. get a layer.

              ///B///M///W///

              Comment


                #8
                Originally posted by Old'n'Slow View Post
                I own a bike shop, and have served as an expert witness in several court cases regarding similar incidents. Before you waste your money with a lawyer, review this site first.

                As I read it, you were in the wrong for not being equipped with lights in accordance with the law. White shirt and street lights are not mentioned as possible mitigating factors in the law, therefore it is irrelevant.

                All the motorist has to do is tell the judge he didn't see you because you had no lights. This situation is the same as if you were driving a car with no lights. Since VA law treats bikes the same as motorized vehicles, you were in the wrong. Had you been properly equipped and he still hit you, then you have a case for negligence on his part. Bike lights are cheaper than lawsuits and bodywork. Getcherself one.
                He is absolutely right man. As soon as he tells them you didn't have lights that's pretty much throws your case out the window.
                -Erik
                '16 Focus 2.0L - '99 Protegé DX 1.6L POS (Sold) - '87 4runner 22R-E (Sold) - '86 Schwarz S50 (Sold) - '02 WRX Wagon (sold) - '07 Impreza 2.5i (sold) - '91 Alpine M52 (Sold) - '89 Alpine 325is (Sold)


                Originally posted by 87e30
                I just want to dance with some beezies

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                  #9
                  Originally posted by AlpineE30M52 View Post
                  He is absolutely right man. As soon as he tells them you didn't have lights that's pretty much throws your case out the window.
                  2nded

                  sorry to say man.

                  Could have been much worse, count yourself lucky.
                  sigpic
                  Evolution of My E30 M3Recent PicsSC*AR

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                    #10
                    Yeah, even a knog would have gotten you out of it. Also, whenever, and I mean WHENEVER you are in a collision on a bicycle and the cops/insurance issue comes up, get in the damn ambulance, take the ride to the hospital, get checked out, it can be the difference in them charging you for the whole mess, or dropping the claim due to your injuries.

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                      #11
                      Originally posted by McGyver View Post
                      i flew up about 10 feet, rolled, and landed on my feet.
                      vid or it didn't happen.
                      http://instagram.com/dslovn.drives

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                        #12
                        i was hit on 3 different occasions on my cannondale road bike while riding ON THE SIDEWALK WITH TRAFFIC. once INFRONT of the business's owner i was working at (he was pulling over to offer me a ride and put my bike in the back of his truck). the girl that made the right hands turn into me (and cut off the shop owner) had big titties and i overheard the cop tell her "i'll get you out of this". so he comes over to me and informs me that he can ticket her, but he will have to ticket me also because i was riding on the sidewalk. i looked at him and told him "she cut off my boss and hit me on the sidewalk! and you want me to ride on the street on indian school road (one of the busiest streets in phx)?????? you are fucking nuts!"

                        "that's the law" was all i got from him.

                        it comes down to the fact that you have to watch out for yourself. no matter who has the right of way or is at fault. if you are dead, it wont really matter.
                        seien Sie größer, als Sie erscheinen


                        Your signature picture has been removed since it contained the Photobucket "upgrade your account" image.

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                          #13
                          Originally posted by Old'n'Slow View Post
                          I own a bike shop, and have served as an expert witness in several court cases regarding similar incidents. Before you waste your money with a lawyer, review this site first.

                          As I read it, you were in the wrong for not being equipped with lights in accordance with the law. White shirt and street lights are not mentioned as possible mitigating factors in the law, therefore it is irrelevant.

                          All the motorist has to do is tell the judge he didn't see you because you had no lights. This situation is the same as if you were driving a car with no lights. Since VA law treats bikes the same as motorized vehicles, you were in the wrong. Had you been properly equipped and he still hit you, then you have a case for negligence on his part. Bike lights are cheaper than lawsuits and bodywork. Getcherself one.
                          yeah, i talked to a lawyer briefly and thats basically what he said, although he might be able to throw some BS suit together that would help scare the driver into not suing.

                          vid or it didn't happen.
                          im working on it, it was outside a school building, accross the street from a monitored lot a few businesses. so maybe i can find something for facebook...
                          sigpic
                          1987 - 325i Convertible Delphin Auto [SOLD], 325i Convertible Delphin Manual [SOLD]
                          1989 - 325i Convertible Bronzit m30b35 swapped [SCRAPPED], 325i Sedan Alpine Auto[DD]
                          1991 - 325i Coupe Laguna Manual [Project], 535i Sedan Alpine [SCRAPPED]

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                            #14
                            It sucks, but my mother was the motorist in a similar situation...... she completed her own case studies and proved she was in the right and the cyclist was in the wrong.

                            Sorry for your luck but I think you're going to have to pay....

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                              #15
                              Whoa whoa whoa was that by Saharas' Hooka Bar?

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