Help! My husband got hit on his bike...we need advice!

maflmf

Thanks! I will let you know what happens, but I think its gonna be a long road! Stephanie

jhuskey

It may not be right but it is how the game is played. I unfortunately know all too well how posturing works.
I deal with these issues on a weekly basis.
The problem with Sessions or small claims court is that either side can appeals with very little expense involved in the process.
An insurance company can appeal and outlast the plantiff. They hope you will go away and are not afraid of property damage claims at all.
A medical claim creates leverage because of the unknown and possible impairment ratings and many times theses claims are settled before trial a lot more these days by mediation, which courts are relyng on to help alleviate dockets.
Posturing and making high demands with the threat of future medical and so forth is all part of the game and if you don't play the game you will not win because the insurance company and their attorneys are certainly going to play. Isn't it amazing how the same set of fact can generate such opposing conclusions. I do not believe in ridiculous settlements with high damages but it is not that easy to get compensation unless you take a hard line. You only hear about the big jury awards in the news not the small ones. By the way I am always on the defense side of claims, at least so far.
Once again I recommend an attorney and medical testimony.

btw: I wrote a resolution to a cycling law bill in Tennessee and with the help of my Rep. and some others got a three foot passing amendment passed.
I believe we were the 8th state to do so.
Nothing to it, just copied it from another state that had just passed it into law.

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flyor64

I second this. He's a lawyer...a cyclist...and extremely well versed in the laws of your area. Check out these posts from velonews:

http://www.velonews.com/article/728...ionske--plowing

While he is addressing the violations by a snow plow driver in this thread...he's talking specifically about the law in Wisconsin pertaining to cyclist's.

Of note:

the Wisconsin law that requires cyclists to ride “as close as practicable to the right.”

In your husband's case it seems logical that he was riding as close as practicable to the right when crossing the rumble strips...

Bob posts regularly on velonews regarding laws...and those articles alone are a weath of information to help you out!!!

good luck and keep us posted

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C'dale Girl

Personally, I too would be very careful and think REALLY hard before taking on the cop. Life is about choices. Sometimes taking a cause on based on principle and what is right can really come back to bite you in the long term.

Cops tend to stick together. I'd be afraid of possible repurcussions of having my name possibly circulated amongst them all as being a "bad apple". I personally wouldn't want to be on THAT list.

I feel for your husband and the trauma, and he was certainly wronged. But, when I do a cost-benefit analysis of taking the cop on, considering your husband's injuries and the damages and all, for me it comes up with letting that one (the cop) go. But, that's just me.

Unfortunately, just about all facets of life are influenced by politics.

I agree with the others that you should contact a lawyer in your area. At the very least, they should be able to give you some baseline knowledge so that you can decide your best course of action if you must represent yourself. But, jhuskey is absolutely correct . . . a wise man once said "Only a fool represents himself."

maflmf

I read the article by Bob Mionske-what a perfect resource for us! I will have my husband call him. I thought the police were supposed to enforce the law, not interpret it based on their biases...I'm becoming somewhat jaded towards law enforcement. Thanks again everyone! Stephanie

Eden

The police aren't supposed to interpret the law period.... that's what judges are for... unfortunately cops are as human as the rest of us.

RedRider2009

The American judicial system is extremely unjust in many situations though...

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"Pain is temporary. It may last a minute, or an hour, or a day, or a year, but eventually it will subside and something else will take its place." -Lance Armstrong

jhuskey

Agreed!

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Sobriety is over rated!