I was hit yesterday by a wreckless driver…

[WillStewart]

Any updates you can share?

[baiskeli]

@guacamole62 11588 wrote:

Actually, It’s too late I saw it the second I hit the “post” button and noticed the irony at once. Therein lies the ugliness and beauty of electronic transmission.

Glad your sense of humor wasn’t damaged.

How’s it going now?

[KLizotte]

I spotted this advertisement in WABA’s latest newsletter. I have no relation or knowlege about this guy, just thought I’d put the info out there:

Bruce S. Deming, Esq.
Bicycle Accident Specialist
703-528-4669 for a free consultation
http://www.thebikelawyer.com

Proud WABA member and committed regional cycling advocate.
27 years of trial experience.
30 years experience / competitive road and mountain bike cyclist.
2005 Finisher / Race Across America (RAAM)

[americancyclo]

Bruce also gave a presentation about cycling crashes and the law at the WABA Regional Bike Summit that occurred on November 3rd.

Crashed! Your Legal Rights In A Bicycle Accident

you can watch the presentation on Ustream at http://www.ustream.tv/recorded/18282863

it starts about the 47 minute mark. there is a bookmark there, but you’ll have to turn up your volume, the audio isn’t the best, and I haven’t seen his slide deck posted up on the WABA page.

[Terpfan]

Did you get your police report? And any idea what the code of the report is for how the officer filed it? Hope you got one of the good cops filing it. Glad you’re alright.

[guacamole62]

@baiskeli 11634 wrote:

Glad your sense of humor wasn’t damaged.

How’s it going now?

Thanks for the concern. Well, not the best. I had to go back into the hospital…a hospital of my choosing rather than the ambulance’s. My Dr. said it sounded like I had a concussion and had to go in for follow up tests to make sure there was no bleeding in my brain!

What were the symptoms? I’ve been experiencing dizziness, forgetfulness,headaches, inertia, emotional withdrawal, poor reflexes and a host of other symptoms consistent with the mild traumatic brain injury I’m told I have. It feels like I am high all the time. It sucks. I’m told by the Dr’s I won’t be able to resume normal activities at full function for 5 weeks average…maybe more, maybe less. That means no cycling, running, driving for long periods, no heavy physical activity (I was in the midst of training for the Nat’l Marathon, but that’s over), etc. Basically my brain is bruised and I have to take it easy until it heals. I also have noticed pain in my legs when I walk, dull pain in my arms (pulled muscles? I don’t know yet) Pain in my neck (no broken bones, thankfully) and who knows what else as time goes by.

I can’t believe this isnl’ even going on this woman’s driving record!

[MCL1981]

You can not let this go. Based on your description, what that woman did is a felony in some states. Hell, ramming a bicycle with a 4000lb car is borderline attempted vehicular homicide. You absolutely need to take this up the chain of command in the police department. One lazy police officer does not change the law for his convenience and it happened whether he feels like doing his job or not. If he won’t do his job, someone else will have to, but that won’t happen unless you stand up for yourself in the matter. Also, I’m not a huge fan of suing everyone and everything, but this bitch needs the book thrown at her. In addition to motor vehicle and criminal charges she will have coming, she needs to be held personally responsible for your ongoing hospitalization and loss of wages. I’d highly suggest contacting that attorney listed above as I have never seen a more slam dunk case in my life. He can probably also help with reminding the police that it is their job to arrest criminals. And that psycho is one.

[MCL1981]

Reckless driving should be the least of her worries. However it may please you to know that in DC, a reckless driving conviction where that reckless driving caused injury is a mandatory 6 month license suspension. But really, its the jail time for either of the below additional criminal charges this psycho should be really concerned with. Not sure if they are felony charges or not. I hope so.

District of Columbia Official Code 2001 Edition
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties.

§ 22-404.01. Aggravated assault.

(a) A person commits the offense of aggravated assault if:

(1) By any means, that person knowingly or purposely causes serious bodily injury to another person; or

(2) Under circumstances manifesting extreme indifference to human life, that person intentionally or knowingly engages in conduct which creates a grave risk of serious bodily injury to another person, and thereby causes serious bodily injury.

(b) Any person convicted of aggravated assault shall be fined not more than $10,000 or be imprisoned for not more than 10 years, or both.

---

§ 22-402. Assault with intent to commit mayhem or with dangerous weapon.

Every person convicted of an assault with intent to commit mayhem, or of an assault with a dangerous weapon, shall be sentenced to imprisonment for not more than 10 years.

[Riley Casey]

After the concern over your predicament and indignation over the cause for it settles down I am left with a request. I think we, the other cyclists in the area need to see this resolved almost as much as you do. You have suffered significant harm and I certainly hope you win recompense for it but we are all at risk when drivers can act like this with impunity and police officers can selectively enforce the law at their whim. Please, after recovering your wits and well being let us know the outcome of this galling case.

[KLizotte]

Unfortunately DC is a contributory negligence state (along with VA, MD, NC and AL) meaning that even if the victim is 1% at fault he or she is (generally) not eligible for any compensation for damages. I’m certainly not saying that guacamole62 is any way at fault, but you know what the other side is going to argue. I can’t believe these laws are still on the books.

Document *everything* (doc appts, phone calls, emails, lost hours from work, symptoms, etc).

[WillStewart]

@MCL1981 11672 wrote:

You can not let this go. Based on your description, what that woman did is a felony in some states. Hell, ramming a bicycle with a 4000lb car is borderline attempted vehicular homicide. You absolutely need to take this up the chain of command in the police department. One lazy police officer does not change the law for his convenience and it happened whether he feels like doing his job or not. If he won’t do his job, someone else will have to, but that won’t happen unless you stand up for yourself in the matter. … I’d highly suggest contacting that attorney listed above as I have never seen a more slam dunk case in my life. He can probably also help with reminding the police that it is their job to arrest criminals. And that psycho is one.

I couldn’t agree more. This was either an assault or criminal negligence. An attorney now doubt would help, as the next steps might be going up the chain, or going to see the prosecutor – I don’t know these ropes, so can’t give specific advice. Given that you’ve had a concussion, clear thinking is difficult right now (I’ve been there). If nothing else, just give Bruce Demming a call – it certainly can’t hurt, and it may be exactly what you need.

[MCL1981]

That is a hurdle in CIVIL court when it comes to suing the woman who assaulted her with a car. Though I don’t see how based on this description of the incident, she could be found even 1% at fault for this crazy woman’s violent assault. Contributory negligence does NOT apply to criminal and motor vehicle law when she gets arrested for the multiple crimes she committed (reckless driving, aggravated assault, etc).

[CCrew]

@MCL1981 11678 wrote:

That is a hurdle in CIVIL court when it comes to suing the woman who assaulted her with a car. Though I don’t see how based on this description of the incident, she could be found even 1% at fault for this crazy woman’s violent assault. Contributory negligence does NOT apply to criminal and motor vehicle law when she gets arrested for the multiple crimes she committed (reckless driving, aggravated assault, etc).

Agreed, but unless charged criminally and forced to make restitution all that’s left is a civil case. Criminal restitution would be limited to actual damages, pain and suffering would have to be addressed in a civil case. So what the OP is left with is accepting reimbursement for actual damages some of which may be payable to a medical insurance carrier since they would have first claim.

Put the person in jail and you get nada. Catch 22

[guacamole62]

Hi,

I’m the OP. Thank you so much for your support in this matter. I’m taking stock of all the good info and suggestions and will keep you apprised. I have found a lawyer who’ll represent me in a civil suit, but I’m really more interested in the criminal charges and no one yet is interested in pursuing. It’s the police I’m upset with and I do intend to go up the chain of command starting with writing my councilmember.

To the person who experienced a concussion….how long did it take before you were back to normal? And are you really back to normal? I cannot tell you how much more sympathetic this little incident has made me and how lucky I feel . Can’t imagine if this was something permanent….also shudder when I think of what might have happened if I wasn’t wearing my helmet!

[MCL1981]

I’m glad you’re pursuing this. But your councilman is not in the chain of command at the police department. Frankly I think leaving any of this to a politician in the district is asking for a whole lot of nothing.

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