My first REAL crash

Shame

Shame

Premier Member
#1
#1
This morning on my way to work I was T-Boned by a woman in an SUV. She blew through the red light at least probably 4-5 seconds after it was red. She was going 50mph give or take some. Traffic in the near lane was stopped and blocking her from my view, so I couldn't see her coming. In fact a tall paremedic van was there stopped in the lane next to her, seen the whole thing and proceeded to help me. One minute I'm riding the next minute I'm being being hit out of nowhere. Quite an eye opening experience. I always feel like I do good enough on my checks. But shit happens.

My first crash in 17 years. No sure best way to proceed. Worth getting attorney vs. pro per. I do have police report info and will contact insurance. Thankfully my back neck and head are ok. Fractured ankle is the worst of it. Any advice or tips l if you've been down this road are appreciated. Thanks.

Shaymus
 
Shawn K

Shawn K

Professional Cat Confuser
Premier Member
#3
#3
As someone who once hired a lawyer to advocate for me in a personal injury case when I was hit by a loaded semi, my biggest piece of advice to you is to get the most rabid, bloodthirsty, Saul Goodman-esque lawyer you can get your hands on; someone with a long, demonstrated record in advocating cases just like yours.

I made the mistake of hiring the wrong lawyer, and it cost me pretty big.
 
Dave28117

Dave28117

Premier Member
#5
#5
keep in mind that there could be long term effects that you're not aware of. now that I'm older, my body is constantly reminding of things that happened in my younger days. my neck has problems which could well have been first created in a wreck when I was 16 being hit from behind.
 
keithu

keithu

Premier Member
IBA Member
IBR Finisher
#7
#7
My condolences, but I'm glad that you're here to tell us about it.

I haven't been through a similar situation, thankfully, but I know some friends who have. I agree about the rabid lawyer bit; the SUV driver's insurance is certainly going to lawyer up, and so should you. Also get familiar with your state's insurance commission and rules. Just because there are rules in place, that doesn't mean insurance companies will follow them out of the goodness of their hearts.
 
Shawn K

Shawn K

Professional Cat Confuser
Premier Member
#8
#8
keithu said:
Just because there are rules in place, that doesn't mean insurance companies will follow them out of the goodness of their hearts.
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That part bears repeating.

So many people have the misconception that insurance companies exist to help you.

They do not.

Insurance companies are legalized gambling companies. You're betting that you'll be involved in an incident and get paid, and they're betting that you won't.

Their continued existence relies on them NOT paying out money until they're forced to. They're not philanthropic organizations, and they're not here to support you in your time of need. Insurance agents will be very pleasant with you while they deny you, but you will still be denied until the force of law compels them to pay out.

I'll reiterate my earlier comment - Bloodthirsty Lawyer. Get one who will work on contingency. Get the biggest SOB you can find. Once who drives a nice car and wears expensive clothes. Because that's a sign that he wins big settlements. You want a lawyer who wants to be Paid, with a capital P.
 
Shame

Shame

Premier Member
#9
#9
SteveAikens said:
I'd prefer to see this thread titled - "My Last Crash.".... ;)

Happy to read it wasn't worse.
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So true. Hopefully it will be my last crash. AT IMPACT this thought popped into my head: "If I survive this I'm never riding on the street again." It becomes painfully clear how vulnerable we are when one second you're riding along, the next minute a car just appears in your field of view as it's smashing into you. I feel dumb because I usually count to four after the light turns green before taking off, but I just forgot. Of course, today I've already been trying to rationalize continuing riding in my head. We'll see.

I'll take the advice to ask around to the find the most ruthless advocate I can find, and see if there's any money to be made or not.

Thanks all for the advice.

-Shaymus
 

Attachments

Shame

Shame

Premier Member
#10
#10
Dave28117 said:
keep in mind that there could be long term effects that you're not aware of. now that I'm older, my body is constantly reminding of things that happened in my younger days. my neck has problems which could well have been first created in a wreck when I was 16 being hit from behind.
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Yes, I'm sure the breaks will add up into some nice arthritis one day.
 
Russ Black

Russ Black

Premier Member
#11
#11
Sometimes your just in the wrong location at the wrong time.

My girlfriend had a collision on her trike in Big Bend National Park with a Ram (animal not truck). We were traveling way below the posted speed and out in the middle of nowhere. The Ram hit her bike with such force it knocked her off and her bike ended up at the bottom of a revine. She landed on the road and broke all the ribs on her left side, some in more than one place, as well as her left clavicle. Her left wrist was broken and bent down 30 degrees. She broke the middle two toes on her right foot and had a small puncture in her lung. It took her a little while to get everything healed and put back into the correct position but she is back riding her bike as before. Amazingly the frame of her bike was straight. I only needed to replace one bolt on metal piece and all the plastics on the front and repair some of the fiberglass and repainted the rear trike part. I also added a few farkles to it.

I totaled my bike a year later on I-10 in east L.A. during the morning rush hour. There was an accident in the right two lanes and everyone swerved to the left into where I was. I had no where to go. To prevent me from hitting the car coming into my lane and possibly ending up underneath it, I pushed the handlebars away from me so I could lay back across and on top of my motorcycle instead of under it as it skidded along the concrete. Except for very minor road rash, I was fine. My protective gear did it's job.

So my advice to you is to get back in the saddle and enjoy the ride and to stay away from Big Bend National Park and I-10 in East LA.
 
EddyC

EddyC

IBA Member
#13
#13
Sorry to hear that. Glad you're more or less ok.

As far as I understand, you were on route to work.
I don't know the standards where you live, but over here in Europe (Belgium), an accident happening on the way to or from work is treated the same as an accident during working hours (and therefore possibly also the responsability of your employer).
You might want to inform your company, maybe they have some sort of insurance for situations like that.

Either way, try to document *everything* and take a lot of copy's of every document you can get your hands on. Take photo's of everything!
Start building a dossier where you not only store different documents (police/medical reports / witness statements / photo's / damage claimes / medical/tow truck bills / lawyer fees.... etc. ) but also start to make a log, where you record in a chronological way what is going on in the dossier.
f.i. what letters you wrote or recieved and when (or emails) - what kind of response you got, time and id of people you got in contact with... contact information of the different company's / hospital / police station / lawyers...
you get the picture?

Also - medical reports are very important: they might not only serve you at this moment, but might also be handy in the future.
You never know if or when you start to get problems with your ankle. If those medical problems in the future can be related to the accident of this day, you stand a better chance of getting some sort of compensation with the right documentation.

I had a similar accident in 1981. I still have a bad right foot. Back then I pretended as if nothing happenend and I didn't make a case out of it.
Big mistake!!
Get well soon!
Ed.
 
Tep_52

Tep_52

Premier Member
#14
#14
As someone who has survived a few accidents. You absolutely need to get the lawyer. They will represent you and save you a lot of headaches. They will also get you the most as it gets them the most.
 
paj

paj

Premier Member
#15
#15
Shawn K said:
As someone who once hired a lawyer to advocate for me in a personal injury case when I was hit by a loaded semi, my biggest piece of advice to you is to get the most rabid, bloodthirsty, Saul Goodman-esque lawyer you can get your hands on; someone with a long, demonstrated record in advocating cases just like yours.

I made the mistake of hiring the wrong lawyer, and it cost me pretty big.
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I second this having had a bicycle accident once with and once without a lawyer. Also document everything, pain, nightmares, new fears, also lost opportunities (at work, in life, incl sex life). Even the smallest thing ... They add up and in 15 years when these flare up with age you'll have some money in the bank to deal with them.
 
D

Donald Lowrey

Premier Member
#16
#16
Shawn K said:
That part bears repeating.
I'll reiterate my earlier comment - Bloodthirsty Lawyer. Get one who will work on contingency. Get the biggest SOB you can find. Once who drives a nice car and wears expensive clothes. Because that's a sign that he wins big settlements. You want a lawyer who wants to be Paid, with a capital P.
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All PI lawyers work on contingency. The biggest SOB is probably the worst lawyer. Because they shoot their mouth off during your first meeting does not make them a good lawyer. Good lawyers are smart, know the law and are not lazy. They know that they have to work with other lawyers in the community and with insurance companies. Doesn't mean a good lawyer won't make every argument and do everything to win your case. Sometimes the SOB loud mouth lawyer will file your case, but then sit back and wait for a settlement offer (assuming liability of the other driver is clear). If the SUV driver had the minimum liability insurance in your state requires, then you probably won't be able to retire from work on the award or judgment.

Wishing you a quick recovery.
 
rneal55555

rneal55555

Premier Member
IBR Finisher
#17
#17
Donald Lowrey said:
All PI lawyers work on contingency. The biggest SOB is probably the worst lawyer. Because they shoot their mouth off during your first meeting does not make them a good lawyer. Good lawyers are smart, know the law and are not lazy. They know that they have to work with other lawyers in the community and with insurance companies. Doesn't mean a good lawyer won't make every argument and do everything to win your case. Sometimes the SOB loud mouth lawyer will file your case, but then sit back and wait for a settlement offer (assuming liability of the other driver is clear). If the SUV driver had the minimum liability insurance in your state requires, then you probably won't be able to retire from work on the award or judgment.

Wishing you a quick recovery.
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Good advice, remember even the worlds best lawyer can't get blood from a stone. You could get a judgement for a million but if the other party has little to no assets, you may force them into bankruptcy and with the allowed exemptions collect nothing.

Before you sign anything with a lawyer who is gonna get a third at least talk to the insurance company and see what they are willing to do depending on the policy i.e. if they just have the minimum they may just throw it in, if so any agreement with a lawyer should be for the hard money above what the insurance has already agreed to they don't deserve a 1/3 of that.
 
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Avi Azrieli

Avi Azrieli

Premier Member
#20
#20
Sorry to hear about your accident and wishing you a quick and full recovery. As others said here, a good lawyer can help. However, it's not easy to find the right lawyer, negotiate a fair engagement agreement regarding fees and expenses, and supervise the lawyer along the way to a beneficial resolution. Many years ago, while I was still practicing law, I wrote a whole book about it :)
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