[Byronw]

on wednesday, on the job, riding the bike from one work site to another, on a 4 lane unrestricted hwy going through town at about 45 MPH, all was good, warm, sunny, .. then, on my right, a pickup truck waiting to enter the roadway from the right, she pulled out right in front of me, last minute, so close, that the last thought I had was "I'm gonna hit this car !!??" And, I did. I tried to swerve and slow down, but we collided, then, no idea what happened, till I was in the ambulance, looking up at the paramedics taking care of me till we got to the emergency room. I work for the county government, the sheriff deputy that responded to the call came in, gave me a copy of his short report from his mobile data terminal, and said he cited her for failure to yield, turning in front of me, and she does show she has insurance. I spent 6 hours in the hospital, xrays, cat scan, etc, got a broken fibula and a few stitches on my right elbow. Very sore wrists, knees, everywhere, really. I filled out workmans comp and fam. medical leave paperwork yesterday, I may be off work for a month, this cast may keep me from being able to work. I did a little searching here, and seems some guys get lawyered up for this kind of thing, for settlement with the other driver's insurance for pain and suffering? I'm not the sue you kinda guy, but, this is gonna really degrade my quality of life for a while, badly. The bike was towed, a 2007 VEE, might well be totaled, I kinda hope it is. A friend of mine, drives for a local shuttle bus service was injured recently in an accident, he got a lawyer, the other driver had $50,000 coverage, so he got that, but split it three ways, lawyer, him, and workman's comp. so, he ended up with about $11,000. He spent 4 months laying on the couch with broken ribs and back injury, lost the whole summer through that. I'm grateful it wasn't worse, but even after just a couple days, this is going to be miserable for a while. I'm just not sure what to do yet, my medical expenses will be covered, either by her insurance, my insurance, or workman's comp, but just don't know what to do for pain and suffering yet. anybody else gone through this?

additional info: I was wearing an HJC IS-Max modular, has an 8 inch split going up the back end now. And a first gear mesh tex jacket, has some abrasion damage on the right shoulder, some wolverine 6 " boots, took some damage on right toe and collar, tour master summer textile vented gloves, did their job. I own riding pants, both mesh and cold weather, but in town, to work and home, I usually don't wear them (I know, bad ) , so my knees came out of it with a little road rash, but not too bad.

 

[jeems]

Sucks man. I don't have any advice other than stay positive. Hope you heal up quickly and glad it wasn't worse.

 

[Scott E. Bonds]

First question from me would be...does your employer even allow the use of motorcycles for work?

My employer specifically prohibits the use of a motorcycle for work related activities. This would be issue number 1.

I have done so anyway, but always figured I would say I was offwork or something if I have a wreck. When I ride in I take a work truck to sites and such.

To get pain and suffering beyond $1,000 in my state you likely will need to sue. It is based on a percentage of your bills and documented time away from work.

Good Luck

 

[Alannc]

Sitting here typing with one hand for the same reason.

Take pictures of everything: bike, where it happened, yourself. Even if you don't sue your covered

and taking the pictures a week from now doesn't help

 

[chicago]

Hopefully the person who caused the accident has lots of insurance or at least lots of money. Going from one work site to another, does this mean you were at work? Will your insurance cover you while you're using your vehicle at work? Do you carry uninsured/underinsured motorist? Maybe you are covered under your employer? I would be consulting a lawyer asap.

 

[bower100]

Not being smart, what does filing for Family Medical Leave gain you? Or is that mandatory? The Workmans Comp should cover expenses, ( or her insurance for anything else).
dave

 

[ozart]

I wish you a speedy and complete recovery from your injuries.

Your thread title says you were hit by a car. If I'm reading your post right, you ran into the back of a pickup that pulled out in from of you. Is that correct? If so, you might have some legal complications - guess it depends on your state law.

 

[bower100]

Excuse the side track.... your HJC Sy-Max.... how did it fair? A gaping split up the center back of it? Was your head ok? Did the helmet get hit on it's side? And did the flip up mouthguard survive?

Thanks, ... I use that helmet too.
Dave

 

[richw]

The dollars may really end up simply with whether she does have REAL insurance. You should even check out your OWN insurance for under insured coverage.

I carry 250 with a 1mm umbrella so I would be safe and have my companies lawyers interested. I had a friend who had CT minimum which is like 20K. He was shocked when they cut a check for 20K and said your on your own ahole.

So if there is REAL money like 200,000 then it would be worth the good fight. If she only has 20K then your screwed so lawyer this.

You could use a lawyer on a cash basis to make that determination for like $500

 

[donstrom6]

what does filing for Family Medical Leave gain you?

In a nutshell, it provides up to 12 weeks of unpaid, job-protected leave for an employee as a result of a "serious health condition". In the OP's case, that could protect his job not only during the initial recovery, but subsequent rehab visits throughout the year.

To whom, by the way, I wish a speedy recovery!

 

[agrippa1]

If you had a 45 mph collision with the back of a truck I'd say that you got off fairly easy--you're still talking and will be able to walk and ride again. I have to agree that your bike is almost certainly toast but it can be replaced.

I agree that if you hit the back of the other vehicle that it may get complicated--in my state hitting the back pretty much means that the fault gets put on you.

Absolutely file the family leave papers to protect your job. Like you I'm not suit happy, but I haven't gotten as banged up as you either.

I'm glad you survived--it's been said many times before but bikes can be replaced. Good luck on your recovery.

 

[topazdog]

Pick up truck on the highway!?!? I believe I was just venting about this...

You're lucky your OK. It's good that you were going slow. It's terrible that you were hit.

I'd check to see who their insurance company is before hiring an. Some insurance companies are pretty fair and would offer a fairly reasonable settlement up front. One full motorcycle, One month of wages, Medical bills, Possible car rental for a month...It should be a pretty reasonable settlement and they may throw in pain and suffering to get this behind them. I work for a school district and it costs us 40,000 to go to court and win, so they may have some wiggle room...

The best case scenario would be if the woman was driving a work truck. Either way, they are at fault because the person entering the highway has the responsibility to merge safely. She was already cited so she can't argue it's not her fault...

Good luck

 

[PTRider]

Byron, any money your insurance pays out, or your employer's insurance (in this case workman's comp) pays out, will be repaid to them from anything the other driver or their insurance pay to you; this is called subrogation. And, lawyers must be paid.

Start here: Read all the fine print in your insurance policy. Next, talk to your agent about it. Find out exactly what coverage you bought. It should cover your collision, your medical, and your loss of protective gear. Ask how your insurance company will go against the other driver or their insurance. Ask about how they'll evaluate the damage to your bike and what your options are. If you don't want it totaled, ask about your options--each state has different variations on what constitutes "total." In any case, do not rush into anything. Get your medical care first.

Next, talk to the personnel office at work. Find out about sick leave, workman's comp, and anything else they can tell you.

Get copies of the police reports and be sure they are accurate and complete. If anything is incorrect or left out, ask about getting them corrected.

If you feel the need, talk to a personal injury lawyer on an hourly basis, maybe buy a half-hour of their time to learn what your rights are and what you can expect with and without a law suit. Again, don't rush into anything and don't sign anything until you are thinking very clearly and sure of what you want. This part is very important. You are injured and feel that something has been taken from you. And it has. But now what? Give it some time and decide what you want within the range of what you're likely to get. (I know, you deserve a LOT, but realistically limited in what you can get. Give it time, than ask for everything you can realistically get.)

 

[johnnail]

Lawyers??
Get the meanest SOB you can find!

 

[swell accell]

Glad your ok,, for the most part, vehicles can be replaced, eventhough we weren't there i can picture it...... i drive for a living and see stuff like that all the time, I just got home in rush traffic, divided highways, 70, 80, mph,, one wrong move by any motorist, and it could be any of us...... best of luck from here on out!!!!

 

[Byronw]

Thanks for all the wishes for recovery and such, very appreciated. My employer sent the family medical leave paperwork and workman's comp paperwork home for me to fill out and return. I don't see an orthopopedist till Monday, so won't know how long I'll be in a cast or how long recovery will be. The way the accident occured, I was southbound on the hwy, the other driver was in a parking lot, on my right, wanting to turn left out of the parking lot, across my path and go north on the hwy. She made a left turn in front of me, I think... my bike struck her left front fender, or maybe further back on her truck but I did not rear end her. I think I'll make a call or visit to a lawyer, just to get some idea's, certainly before I accept any settlement or sign anything.

oh, the question on the HJC IS-Max modular... it held together well, chin bar held, but there is a verticle split going up the back, 7 or 8 inches long, the outer shell just cracked open, leaving a gap of 1/4 inch or more. It did it's job though. I was out for a while, and don't remember anything about how I flew off the bike, or any of that, just wham, impact, then, inside the ambulance.

 

[Prime]

Sorry dude. But thanks for sharing and there are lots of good advice in this thread. But PTRider said it best, he nailed everything you need to do or be concerned with. Print out his post and start yourself a checklist. Worry about the $$$ part AFTER you get healed up first. I know you're anxious, but stay focused.

Be well...

 

[teevee]

Byron (and everyone else here), i am not giving you legal advice, just some frank discussion. ( i am an attorney)

1. personal injury lawyers usually work on contingent bases, they only get paid if you collect, and they usually want 30% plus costs. while they will all say this is standard, and it is, there is nothing to stop you from negotiating. you could offer 15% if no trial, 20% if it goes to trial etc, etc. a lot of attorneys will tell you to screw off, but these are hard times for everyone, including attorneys so ya never know.

2. avoid car accident, accident, ambulance chasing lawyers with big flashy ads. they WILL NOT fight for you and WILL NOT go to trial. they want quick dirty settlements for minimal to no work. even if the other driver is filthy rich, they will only try to scare a settlement out of the insurance company.

3. lawsuits where insurance companies are involved are like the game of chicken--who blinks first. sometimes, insurers play hardball and refuse to settle, forcing you to work harder and go to trial. usually they will settle "on the courthouse steps" though. most often the "accident lawyers" DO NOT want to go to trial or even the courthouse steps, because that means filing a lawsuit, which they avoid like the plague. they work on the assumption that a demand letter with a copy of your medical records from the accident will scare the insurer into paying you off.

4. even if the other driver has shit for insurance, say, state minimum (no clue what that is in OR), you can still sue and go after other property or cash/investments. i don't know if OR has homestead protection like FL and TX, but if not, theoretically, if you win and get a judgment that exceeds her policy limits, you could take her house. of course, it's probably mortgaged but, you get the idea.

5. right now concentrate on getting better.

6. DO NOT SPEAK TO ANYONE FROM HER INSURANCE COMPANY UNDER ANY CIRCUMSTANCES. Not even "hello." And if someone calls you from your insurance company, tell them you have to call them back. Insurance company people are to a large extent, dirtbags. DO NOT TRUST THEM.

7. it is somewhat difficult to discover a person's net worth pre-suit. after suing, you can do a certain amount of discovery, but not much in the way of financial discovery until you win, then all bets are off and you get to find out everything about the person's finances.

8. do some research on attorneys before you hire one. although it appears as though your injuries are relatively light, (perhaps not to you at the moment), try to get a lawyer that handles bigger claims. it will be difficult to find one that will take a comparatively small case, but you should try. your standard ambulance chasing, accident attorney, is most likely not the right one to hire.

best of luck brother. and saddle up ASAP!

 

[richw]

Other kibitz

You may have problem thats ongoing so don't settle for any reason short of a couple of months minimum

 

[Tollster]

Byron, any money your insurance pays out, or your employer's insurance (in this case workman's comp) pays out, will be repaid to them from anything the other driver or their insurance pay to you; this is called subrogation. And, lawyers must be paid.

Start here: Read all the fine print in your insurance policy. Next, talk to your agent about it. Find out exactly what coverage you bought. It should cover your collision, your medical, and your loss of protective gear. Ask how your insurance company will go against the other driver or their insurance. Ask about how they'll evaluate the damage to your bike and what your options are. If you don't want it totaled, ask about your options--each state has different variations on what constitutes "total." In any case, do not rush into anything. Get your medical care first.

Next, talk to the personnel office at work. Find out about sick leave, workman's comp, and anything else they can tell you.

Get copies of the police reports and be sure they are accurate and complete. If anything is incorrect or left out, ask about getting them corrected.

If you feel the need, talk to a personal injury lawyer on an hourly basis, maybe buy a half-hour of their time to learn what your rights are and what you can expect with and without a law suit. Again, don't rush into anything and don't sign anything until you are thinking very clearly and sure of what you want. This part is very important. You are injured and feel that something has been taken from you. And it has. But now what? Give it some time and decide what you want within the range of what you're likely to get. (I know, you deserve a LOT, but realistically limited in what you can get. Give it time, than ask for everything you can realistically get.)

Very accurate and down to earth, this is the route i would follow.