[GreenFan]

I was traveling eastbound on West Chester Pike on Tuesday February 10th at approximately 1PM on my newly built cyclocross bike when a man driving a red Ford pickup pulled alongside. Wiyhout completely passing me, he turned right onto Oakland Rd. in Marple Township, cutting off my line of travel. I attempted to lean into the side of the bed of the truck in order to turn with it and avoid crashing to no avail. I ended up rolling over, separating my left ACL and breaking my right index finger, as well as receiving road rash to various parts of my body and my bicycle suffering numerous abrasions and damage as well.
The driver of the pickup then parked his vehicle, got out, and asked me if I was ok. I replied that I was not ok and was in a great deal of pain. He then proceded into a pharmacy, got a prescription filled, and left the scene in his truck, without another word.
Fortuneately I had my cell phone with me and was on the line with 911 when he left so that I could report his tag number.
The local police did in fact locate this man, however his "version of events" maintains that "I was travelling too fast" and "lost control of my bicycle without any responsibility on his behalf".
Now I need to find witnesses to the sequence of events that can corroborate my story before any charges will be filed, because at this point it's his wrd against mine.
I suppose I should be grateful at this point that I'm alive and that the Police know the identity of this man, but his absolute lack of concern or sense of responsibility absolutely floors me.
If any of the readers of this board were witness to these events in Marple Township, Pennsylvania, at the intersection of Route 3 (West Chester Pike) and Oakland Rd. on 02/10/04 or know of somene who did, please contact myself through this board or the Marple Township Police Department.

 

[Bonked]

unfortunately, i don't live near you and can't really help. however, i was thinking and, maybe you already did this but, it might be a good idea to make up a flyer and post it on cars in the parking lot (or even others near where the accident happened or bus stops, restaurants, etc.). maybe someone who was there when you were hit will be there and get a flier.

also, you should try to track him down soon (maybe by hanging out at the parking lot). if your versions of events is correct, he should have some marks on his truck that would support your story (and that i am sure he will try to cover up). if his version is correct, there shouldn't be any marks on his truck b/c you fell on your own.

you also always have to try and get other license plates or witnesses when the accident happens...not that this is ever the first thing (or even the second or third thing) on your mind! at least you got his info. keep us posted and good luck!

ps - wtf does "going to fast" have to do with anything? we aren't supposed to go slowly and block traffic, now we aren't supposed to go fast either?

 

[MikeBiker]

The driver of the pickup then parked his vehicle, got out, and asked me if I was ok. I replied that I was not ok and was in a great deal of pain. He then proceded into a pharmacy, got a prescription filled, and left the scene in his truck, without another word.
Fortuneately I had my cell phone with me and was on the line with 911 when he left so that I could report his tag number.
The local police did in fact locate this man, however his "version of events" maintains that "I was travelling too fast" and "lost control of my bicycle without any responsibility on his behalf".
Now I need to find witnesses to the sequence of events that can corroborate my story before any charges will be filed, because at this point it's his wrd against mine.

Shouldn't he have been arrested for leaving the scene of an accident? Especially since injuries were involved. It doesn't matter if he was at fault in the accident or not, just leaving the scene would be a crime.

 

[Dwayne Barry]

You might want to look up the letter of the law as well. If his vehicle was entirely in front of you (as opposed to along side of you) as he made his right turn, it may very well have been your responsibility to yield to him. I really don't know but it would suck for you to have your injuries, damaged bike and then end up paying for damage to his vehicle because you were in the wrong according to the traffic laws.

 

[CritLover]

If his vehicle was entirely in front of you (as opposed to along side of you) as he made his right turn, it may very well have been your responsibility to yield to him.

I disagree, since you are considered a slow moving vehicle (in many states), the truck is actually passing you as he would any other vehicle, and is responsible for doing so in a safe manner. If he didn't leave enough room for you to safely stop then he would be at fault.

I was the same type of accident and the driver reported to the police that she had passed me, slowed down to turn, and that I ran into her after she had safely passed me. State laws do not support that, since if I ran into her it is more than likely that I could not stop in time, but it has been difficult to prove and has been vey hard fighting her insurance company on my own. If you find the guy you might consider hiring a lawyer to make sure you don't get screwed.

Good luck!

 

[JohnL]

That really sucks. I live not too far from where you are. I wish I could help. If Marple Township is anything like Newtown township you're probably out of luck in regards to prosecution unless you find a reliable witness. I'll save you my story of a few years ago.

I would ask the drug store about putting a sign and ask if anyone there saw the guy. What is the police response other than "he said/he said"? Anything besides getting his story? Did they ask you about filing charges at all? Seems strange, but then again...

Hope you recover quickly.



Here's to a speedy recovery.

 

[GreenFan]

I would ask the drug store about putting a sign and ask if anyone there saw the guy. What is the police response other than "he said/he said"? Anything besides getting his story? Did they ask you about filing charges at all? Seems strange, but then again...

I was told that they (Marple Township Police) would canvas the businesses close by the scene to try and find any witnesses that might have actually seen the accident take place (a few phone calls to those businesses has revealed that no one has asked about anything). Additionally I was told that they would not attempt to file any charges against this man unless they felt they had a solid case (once again the need for corroborating witnesses). The fact that I did not leave a dent or obvious scratches to his vehicle is not helping my case. I was simply told that "he lives locally and isn't going anywhere" is probably the most satisfying thing I've heard from the Marple Police.

 

[PdxMark]

Do you think there was any damage to the side of his truck? If so, he'd have a hard time explaining how it got there without him being in front of you at the turn. Though, from the sound of it, there might not have been any.

I wonder if the police would be so dismissive if this were a fender bender between cars or a pedestrian laying in the street. I bet not. You can map the location, and circumstances, and all he has is a dismissive lie that does not explain the contact . See a lawyer about a civil suit for your injuries. He or she might also have ideas about how to get your worthless law enforcement agency to do its job.

 

[JohnL]

Wonderful...not

IThe fact that I did not leave a dent or obvious scratches to his vehicle is not helping my case. I was simply told that "he lives locally and isn't going anywhere" is probably the most satisfying thing I've heard from the Marple Police.

I guess that means they checked his vehicle and didn't find anything? He's local, but looks like your stuck looking for witnesses. Sounds great. Not too many red pickups riding around Marple Township, huh ?

I would try calling the police person that responded to see what's going on if you don't hear from them in a few days. Just to see if they, in fact, did canvas any businesses.

Like someone said, I would try a lawyer if you're so inclined, also.

Good luck. These townships are tough to deal with, I know.

 

[SteveCnj]

. You can map the location, and circumstances, and all he has is a dismissive lie that does not explain the contact .

This is a good idea, additionally you could contact and retain and accident reconstruction expert. I don't know how much that would cost, but it would be money well spent if you are contemplating a civil suit.

 

[RemingtonShowdown]

You might ask the police for the name of his insurance company (if you don't already have it) and procede to give them a call and file a complaint. Usually the insurance companies will be very accomidating in paying for the dammage to your bike....as for your physical rehab/emmotional that's another matter.

The advice about a lawyer is probally the best route to take as they will be able to not only tell you all of what we've said but act upon it.

Good luck, as a rider and accident victim I empathyze with you. PLEASE keep us all posted as we all need to know how to deal with such an unfortunate incident.

 

[Squint]

Obviously, this guy has no problems lying to cover up his recklessness. Don't expect any justice from the justice system. It's screwed up and often biased against cyclists.

It's typical of people today to act recklessly and deny all responsibility or blame the victim when someone gets hurt.

If a witness doesn't turn up, I would just get someone trustworthy who can't be easily traced to you and have them come forth as a "witness," who would actually be telling the truth. Make sure s/he is briefed in the description of the area, the person, and the vehicle.

 

[Dave_Stohler]

Call the local DA. Ask why they aren't prosecuting him for leaving the scene of an accident. Mention that your next call will be to the local TV station/newspaper, etc. Get your bike club involved.

 

[FSonicSmith]

Advice from an Ohio Insurance Defense lawyer

As an Ohio lawyer who has been retained by insurance companies in the past to defend this type of case, please consider this as information only, but not legal advice.
This situation is very common. There is likely little or no physical evidence on the truck of an impact and the truck driver, fearful that his premiums may go up, is displaying that unfortunate but common human behavior of denial. So, he may or may not contact his insurer to tell them of the accident. Under the provisions in his policy, he is supposed to promptly report any accident that may result in a claim so that his insurer can investigate it. Theoretically, his insurer can deny coverage to him at a later point on the basis of non-cooperation and failure to report but they need to demonstrate they were prejudiced by the late reporting and this is hard to do. Bottom line: don't worry too much about the wrinkle of him not reporting the accident to his insurer but be aware of the issue.
Once he does report this to his insurer, you can count on him telling his insurer that he was not at fault and insurers usually take their insured's word as true until convinced to the contrary, so you might as well get a lawyer and sue him soon. The sooner you sue him, the sooner he will realize the thing is not going to dissapear and he will likely report the suit to his insurer. This way you will also find out sooner whether he has insurance or not. Your lawyer can submit interrogatories with his Complaint (lawsuit) and the Defendant will have to disclose his insurance in response to those interrogatories. If he is not insured, your lawyer can advise you as to whether, under the law of your State, you can assert an uninsured motorists claim.
The vast majority of the time, if you make a decent witness, his insurer will eventually offer to settle your claims with you at a fairly reasonable amount. Again, this is meant as an explanation of the general process only and is not legal advice. Get a local lawyer.