My Day in Court (bike accident)
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337 days
TriSooner posted 13 weeks ago.
jonovision_man wrote:
Probably not. Drivers like this don't think cyclists should be on the road to begin with, much less care about granting right-of-way.
other than hope he got the message that when you're turning left you have to make sure it's clear!
1008
Member
1193 days
PJT posted 13 weeks ago.
jonovision_man wrote:
Justice served? Not even close. My fingers are permanently bent and I was almost killed, 2 weeks before the birth of my son!!! He's out $40. Oh and the cop said I left a huge dent in his truck... so that made me feel better too.There's nothing I can do at this point, other than hope he got the message that when you're turning left you have to make sure it's clear! I assume he knew that already and was just careless, though.
No justice for cyclists...
Sorry to hear about your accident, and I'm sorry that the criminal side of the justice system let this guy off pretty easy. What about the civil side of the law? Permanently bent fingers sounds bad...
4914
Member
1716 days
beads1985 posted 13 weeks ago.
Sorry to hear that they didn't get more than a slap on the wrist.
Maybe justice can still be served. Use your accident to make the system better.
Contact the prosecutor(since he seemed to be on your side) see what can be done about making cycling safer in your area.
Maybe petitioning for stronger local bike/traffic safety laws with harsher penalties?
Maybe petitioning for cycling paths, or more cycling paths.
People might be sympathetic of you have been a victim.
Turn this negative event into positive change.
Hope you get better and Happy Belated Birthday to your son. ;-)
Nothing to it, but to do it
301
Member
158 days
jonovision_man posted 13 weeks ago.
PJT wrote:
Sorry to hear about your accident, and I'm sorry that the criminal side of the justice system let this guy off pretty easy. What about the civil side of the law? Permanently bent fingers sounds bad...
I consulted with a civil lawyer that specializes in defending cyclists... but the reality is that in Ontario, it's next to impossible to get damages. You have to prove you have a *permanent* disfigurement, and unless it's very serious there has to be some kind of impairment of function. And if you win, there's a $20K deductible on any reward!
It's just my two pinkie fingers, and it's not ugly enough to get over $20K. :(
It's really crappy, but that's how it is. I've written letters to my members of parliament, won't help with my case but maybe there's some will to change the laws.
jono
229
Member
312 days
xc800runner posted 13 weeks ago.
jonovision_man wrote:
There's nothing I can do at this point, other than hope he got the message that when you're turning left you have to make sure it's clear!
You could always make a claim in civil court and get some cash out of him and his insurance company (who would likely drop his coverage, thus forcing him off the road) for your troubles. Already admitted guilt in criminal court, so you have that going for your case.
43
Member
164 days
Tri_it_out posted 13 weeks ago.
beads1985 wrote:
Maybe justice can still be served. Use your accident to make the system better.Contact the prosecutor(since he seemed to be on your side) see what can be done about making cycling safer in your area.
Maybe petitioning for stronger local bike/traffic safety laws with harsher penalties?
Maybe petitioning for cycling paths, or more cycling paths.People might be sympathetic of you have been a victim.
Turn this negative event into positive change.Hope you get better and Happy Belated Birthday to your son. ;-)
Absolutely, We need less cars on the road anyway. I don't know about Ontario but in the states, obesity and apathy are a reeeaaaalll problem. I'm sure you can find others that share with our sentiment that getting the most out of ourselves and out of life is the only way to go through. Things can be changed and they need to be.
Sorry to hear about the accident and I hope that you're all healed up. Keep riding and don't let anyone tell you you shouldn't be.
587
Member
185 days
jtrimom posted 13 weeks ago.
was he at least apologetic when the accident happened? I would be too embarrassed to go to court to contest a fine after HITTING SOMEONE WITH MY CAR! that just makes me so angry- that's obnoxious and condescending!
glad you're okay
301
Member
158 days
jonovision_man posted 13 weeks ago.
jtrimom wrote:
was he at least apologetic when the accident happened?
Nope. Other bystanders rushed to help me immediately, as it was pretty clear I'd been injured... but I didn't see him until I was being led to the ambulance... and he didn't even acknowledge me.
jtrimom wrote:
I would be too embarrassed to go to court to contest a fine after HITTING SOMEONE WITH MY CAR! that just makes me so angry- that's obnoxious and condescending!
glad you're okay
Me too! :) If he'd just apologized, I'd have a lot less animosity towards him... I can understand people making mistakes, it happens, even if he was just careless, but at least man up to it and take your lumps. Instead I get dragged to court. Annoying.
Oh well! Time to move on. :) Life's too short to dwell on these kinds of things.
jono
587
Member
185 days
jtrimom posted 13 weeks ago.
jonovision_man wrote:
jtrimom wrote:was he at least apologetic when the accident happened?Nope. Other bystanders rushed to help me immediately, as it was pretty clear I'd been injured... but I didn't see him until I was being led to the ambulance... and he didn't even acknowledge me.
jtrimom wrote:I would be too embarrassed to go to court to contest a fine after HITTING SOMEONE WITH MY CAR! that just makes me so angry- that's obnoxious and condescending!
glad you're okayMe too! :) If he'd just apologized, I'd have a lot less animosity towards him... I can understand people making mistakes, it happens, even if he was just careless, but at least man up to it and take your lumps. Instead I get dragged to court. Annoying.
Oh well! Time to move on. :) Life's too short to dwell on these kinds of things.
jono
good for you- you are a bigger man than I b/c I'm pissed for you
4914
Member
1716 days
beads1985 posted 13 weeks ago.
One word - Karma, good for you, bad for him.
Keep safe!! ;-)
Nothing to it, but to do it
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Member
98 days
Nathan_m posted 13 weeks ago.
I know how you feel, like a week ago i was biking, pretty fast on the sidewalk. The light ahead was red and about to turn green so i didn't slow....and neither did the car in the right lane wanting to turn right. It was 2 guys about 20 in a company truck full of dirt. as the light turns green i realise the truck isn't going to stop for a cyclist going straight doing 25km<. The bike i was using was relatively new to me so i hadn't had mch experience with the brakes. Once i notice i'm about to hit the truck i use the brakes, and turns out there not so good, so i turn right aswell over the grass and curb cutting off the truck and avoiding a collision. I then continue to bike away and flip the guy off. He and his buddy then have the nerve to stop there truck and yell at me saying i need to watch where i'm going. I was soo mad for the rest of my night (it did help fuel my training)
Some people are just ignorant and need to watch where there going.
4483
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1634 days
kylie posted 13 weeks ago.
Careful though Nathan... In many areas it is not legal to ride a bike on the sidewalk for just that reason: vehicles won't always check sidewalks for higher-than-on-foot speeds. Plus if you are on the sidewalk, I believe you are trying to follow pedestrian rules, in which case you need the walk signal to go across the street.
301
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158 days
jonovision_man posted 13 weeks ago.
Nathan_m wrote:
I know how you feel, like a week ago i was biking, pretty fast on the sidewalk.
Umm... isn't that illegal?
jono
1008
Member
1193 days
PJT posted 13 weeks ago.
jonovision_man wrote:
Nathan_m wrote:I know how you feel, like a week ago i was biking, pretty fast on the sidewalk.Umm... isn't that illegal?
jono
Only in some places. It can vary by state and even by city. In Wisconsin cities can set their own sidewalk rules, so if you intend to ride there you have to read the city ordinances. My city basically allows kids bikes (based on wheel size) on the sidewalk, but not adults.
I don't ride on them because of the safety issue Kylie identified, because pedestrians, dogs and little kids on bikes are even more unpredictable than cars, and because it's easier to just be in the road than to worry about whether or not you are riding legally in any given town.
In June of 2007, I was hit by a truck while riding my bike. I was going straight, he was turning left, and turned across my path... I had nowhere to go and plowed into the side of his truck.
Gross Pictures of the Aftermath
The guy who hit me was charged with nothing more than a traffic ticket for making a "Turn while unsafe". $85 and a few demerits, a very lowly charge considering he could have killed me!
Yet he still challenged it... sigh! And I was subpoenaed to be a witness in the case.
So today I took a few hours off of work and headed down to the courtroom. He showed up, and made his case... I overheard him speaking with the prosecutors, and it was quite laughable. Basically he said he started turning, then someone was backing out on the road he was turning onto, so he stopped in the intersection and I hit him.
The prosecutor basically ripped him, saying "sir, you were turning left, you didn't have the right of way!". He finally got that, and when he came back to court he entered a guilty plea, "with explanation". He blathered on with his explanation, including the fact that I made a 6 foot skidmark and the cop said I was going 25km/h... umm... yeah... guess what, most vehicles go a lot faster than that!!! Truth be told I was probably going about 35km/h, but that's still slower than a street-sweeper. :P Certainly slower than a motorcycle!
And his actual story is not even accurate, the moment he started turning I knew I was going to hit him... there was just no way to avoid it, and I certainly don't remember him stopping in the intersection.
The court reduced his fine to a pathetic $40.
Justice served? Not even close. My fingers are permanently bent and I was almost killed, 2 weeks before the birth of my son!!! He's out $40. Oh and the cop said I left a huge dent in his truck... so that made me feel better too.
There's nothing I can do at this point, other than hope he got the message that when you're turning left you have to make sure it's clear! I assume he knew that already and was just careless, though.
No justice for cyclists...
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