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Local Cyclist hit and injured by uninsured driver
I just received an email about an hour ago from a cyclist who was struck and injured yesterday. He wanted me to pass it on so that any of his friends who were concerned would know that he was beat up a bit, but otherwise ok:
my name is Daniel Tobin and you have seen me on many of the community rides. yesterday at about 3pm i was riding to yellow bike project to fulfull community service hours. as i crossed red river going east on 12th street a mini van took a left turn into me and my bike. from what i saw she was not making any eye contact with me. after the collision i rolled onto her windshield and she continued to drive for 20 to 30 feet before i fell off and onto my head. fortunately the police were eyewitnesses and saw everything that happened. i was taken to the ER and according to the doctors, these are the preliminary indications: multiple fractures in my right leg, a fractured sternum (chest), and a fractured pelvis.
im not sure whats gonna happen too the driver, because she did not have insurance. either way, im doing well.
Damn, sounds pretty brutal! I'm glad Daniel's mostly ok, but the whole deal with the uninsured motorist sucks. I've been hit by an uninsured driver before, though luckily I was able to bike away unaided and settled the incident on the spot so it wasn't too big of a hassle. If anyone has been injured or had a bicycle damaged by an uninsured motorist, please post here and let us know how you resolved the situation, or just correspond with Daniel directly. Hope you heal up quick!
The weather is nice, it's lunch time and I have my 20" up here at work. BMX TIME!
I was out riding Shoal Creek with some friends yesterday, and there was a fire truck, ambulance, and two police cars stopped at Shoal Creek and Foster Ln. I did not see or stop to ask what happened, but there was a lady in her car filling out paperwork and a bike on the grass, as well as a girl in cycling clothes being treated by the paramedics, so I can only assume what happened.
Just curious if anyone had any more information, and whethere or not the cyclist was ok? She was standing and moving around last I saw of her, so I hope for the best!
I hope your recovery is as speedy as can be... Jenny has my wheel chair you can use if needed. Just let me or her know!
jes
us to bring it back, I know Jenn was trying to get a hold of you guys to get it back to you.
Let us know.
~oneLescar
~ people always talk about my drinking, but never my thirst
thanks to all who sent best wishes and advice with how to deal with the uninsured driver. my brother practices law in dallas, and is having someone he knows take my case in austin. ill post an update of our approach when i find it out.
as for me, im still at brakenridge. they originally said i should be released on friday, but it may be a bit longer. i hear the police are possibly charging the lady with the charges of hitting me, as well as attempting to hit and run. fuck her
The uninsured driver will probably be prosecuted and go to jail. Nothing that will actually help Daniel will come of this driver, unless she simply decides to pay out-of-pocket for his expenses.
Daniel might want to see if his or, if he's young enough, his parent's auto insurance covers him. My State Farm agent told me that my auto insurance includes protection from uninsured drivers and that this protection covers me on my bicycle.
Good luck, Daniel!
Hope you're feeling better Daniel. You can recoup the cost of any out of pocket expenses from this by taking them to court. Because it's probably an open and shut case (with the cops as witnesses) you might even be able to take care of this in small claims, which won't require you to hire a lawyer. Good luck, and I hope you get back on the road as soon as possible.
Judging from his injuries, his medical bills will be over $5000. :\ (which I think is the limit on small claims court.)
And really, if somebody doesn't have insurance, the odds are good that even if you sue and win, you aren't going to get much out of them. (And really, even if they do have insurance, the legal minimum of $25k doesn't get you very far when you're seriously injured.)
Though if I recall correctly, you can lose your license if you can't pay for an accident you caused? It won't help Daniel directly, but might make him feel a little better to know that she'll either be forced to ride a bike (or will be driving without a license and insurance soon ...)