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

[maflmf]

My husband rides a road bike several hundred miles a year, and periodically does time trials. He is also very responsible and not and "arrogant" cyclist. Last October he was riding down a quiet country road in Southeastern Wisconsin when a woman driving a minivan rear-ended him going 40+ miles per hour. He was riding at about center of his lane because he was crossing rumble strips as he was approaching a stop sign. The driver stated in the police report that she was attempting to pass my huband ON THE RIGHT. (This was a 2 lane road). Luckily he sustained only severe road rash and a strained shoulder. (Still not sure about the shoulder as its still bothering him). No broken bones. His bike (Waterford) was cracked in several places, tire broken in 2 etc. The policeman at the scene (A Walworth County Sheriff deputy) told my husband that he would not be ticketing the driver because "it is against the law to ride your bike on the road in Wisconsin." (He is completely wrong). He also told my husband that he could ticket him for even being on the road but if the police stopped every cyclist they saw it would take too much time. In the police report he inicated that my husband failed to yield the right=of=way to the driver. (How do you yield the right=of=way to someone approaching you from behind?) To make matters worse, the driver's insurance company (ALLSTATE) claims the driver has no liailbity and has denied any payment for my husbands medical bills, bike, property etc. AND Allstate is suing our insurance for the damage to her minivan! We are at somewhat of a dead end here...Obviously this will go to court, unfortunately all lawyers we spoke to say that if they represent us they will end up taking so much money if we win that we won't recoup our losses. They suggest small claims court, but how do we go up against an insurance company's lawyers? Any suggestions or similar experiences? Thanks!

 

[Eden]

That is all too ridiculous for words. Contact a lawyer, preferably one who knows the law as it pertains to cyclists, if for nothing else than to make a point of it that wanton injuring of cyclists will not be tolerated in your state. Try to ensure that whatever settlement you get includes payment of your lawyers fees.

 

[JTE83]

Gee, Wisconsin stinks! And lawyers are so expensive! Maybe try saving some money by researching the law yourself, and cut down lawyer time?

When I had a lawyer for my felony it cost $10,000 total to keep me out of jail and get 30 months probation.

Keep us informed on what happens to your situation and how it was resolved!

 

[jhuskey]

If I were your husband I would be injured really bad and have diminished ability to earn a living.
Can't sleep at night because of the pain and maybe you should file for consortium since you are burdened with all of his chores and tasks that he is now imcapable of doing. I bet he can't even enjoy riding his bike now.
No enjoyment of life!
I imagine there is a doctor out there that will find that he has myofacial pain disorder.
Decide that he has permanent injuries and seek another lawyer before the statute runs, but be ready to hold out for a while and be sure and tell the lawyer you want the case heard before a jury.

 

[buckybux]

Wow, there is a lot here.

First, your own auto insurance policy should have Medical Payments, this should cover your husbands medical bills, and will also then trigger your own insurance company to recover from Allstate.

Next, you should contact your own attorney. You should be able to find one that will work on a contingency basis. 99% of the time rear end auto claims are the fault of the rear driver, and Allstate will have a significant burden in court to prove your husbands negligence, even given the statements by the police. Just because your husband may have been hindering traffic (which is what I think Allstate is probably using as defense), does not mean the driver has the right to hit a cyclist and injure them.

Be careful about letting your own insurance company defend your rights, because there interest will solely to just make Allstate make the payments, they will not work on the other damaage claims of pain and suffering.

 

[alfeng]

My husband rides a road bike several hundred miles a year, and periodically does time trials. He is also very responsible and not and "arrogant" cyclist. Last October he was riding down a quiet country road in Southeastern Wisconsin when a woman driving a minivan rear-ended him going 40+ miles per hour. He was riding at about center of his lane because he was crossing rumble strips as he was approaching a stop sign. The driver stated in the police report that she was attempting to pass my huband ON THE RIGHT. (This was a 2 lane road). Luckily he sustained only severe road rash and a strained shoulder. (Still not sure about the shoulder as its still bothering him). No broken bones. His bike (Waterford) was cracked in several places, tire broken in 2 etc. The policeman at the scene (A Walworth County Sheriff deputy) told my husband that he would not be ticketing the driver because "it is against the law to ride your bike on the road in Wisconsin." (He is completely wrong). He also told my husband that he could ticket him for even being on the road but if the police stopped every cyclist they saw it would take too much time. In the police report he inicated that my husband failed to yield the right=of=way to the driver. (How do you yield the right=of=way to someone approaching you from behind?) To make matters worse, the driver's insurance company (ALLSTATE) claims the driver has no liailbity and has denied any payment for my husbands medical bills, bike, property etc. AND Allstate is suing our insurance for the damage to her minivan! We are at somewhat of a dead end here...Obviously this will go to court, unfortunately all lawyers we spoke to say that if they represent us they will end up taking so much money if we win that we won't recoup our losses. They suggest small claims court, but how do we go up against an insurance company's lawyers? Any suggestions or similar experiences? Thanks!

contact: Bob Mionske ... BICYCLELAW.COM ... [email protected] ... 866-VELOLAW (835-6529)

BTW. While there are times when the cyclist IS wrong ... but, usually not as often as the motorist. Regardless, it is illegal to PASS ON THE RIGHT (except in UK-type/drive-on-left countries) ...

The officer is wrong, and he should be reprimanded for that reason, alone, for not knowing the rules of the road.

Is it that you live in Illinois & the policeman (county sheriff?) was BSing your husband? That is, favoring a Wisconsin resident over someone (an intruder) from neighboring Illinois? That is UNACCEPTABLE.

Did the officer test the driver for sobriety, and if not, why not? Surely she showed poor judgement which suggest impaired judgement UNLESS she has a record of prior moving violations -- www.co.walworth.wi.us -- the information may-or-may-not be publically available. If not, check the DMV in Madison to find out if that is publically available information.

For the officer to suggest that your husband was in-the-wrong is like saying a pedestrian crossing the street was at fault (which IS sometimes true).

What are the rights of a farmer who is moving his tractor from one field to another -- no tags ... not street legal ... could she have hit him without consequences?

Contact the State Police, County Sheriff ... and/or, the DA for Walworth County. Gently remind them (particularly, if this is a Wisconsin-Illinois conflict) that Lake Geneva (in particular, regardless of where in the County the incident occurred) relies on residents from Illinois (in particular), and elsewhere, to sustain their non-agricultrual economy. The local Police & State Troopers need to know THAT if they don't want Walworth Country to get a reputation for being inhabited by rednecks.

I would guess that the woman was doing SOMETHING ELSE which distracted her (Was she talking on the phone to one of her friends? Have the lawyer get her cell phone log/records ... is it il-/legal to use a cell phone while driving in Wisconsin?), and she probably didn't see your husband until the last moment ... and, if she had reacted one second later, your husband would have been more severely injured, if not dead. Not a happy alternative.

Regardless, you need to treat this as a PERSONAL INJURY CASE rather than a property case ... you shouldn't have to put up ANY money ... the lawyer will take his/her cut (1/3rd on contingency). If there isn't a lawyer who will take your case, check with one of the personal injury lawyers in Milwaukee who MUST be advertising all over the place for clients ... contact the law school at Marquette OR UW-Madison (or, the respective alumni associations of fore mentioned schools) to get a list of their lawyers who will handle this type of case. SOME lawyers are cyclists.

While YOU shouldn't incur any billable hours, the more you can present to the lawyer, the better.

If you live in Wisconsin, CONTACT your local congressman/woman & have him/her sponsor a bill which ensures not only cyclist's rights, but makes it a "low level" felony for a driver to harrass a rider (regardless of how stupid the rider may be) the same as it would be if the cyclist were on a motorcycle OR in another vehicle.

If you live in Illinois, contact your local congressman/woman & have them contact his/her counterpart in Wisconsin.

Consider writing a letter-to-the-editor to your local papers and/or Milwaukee Journal-Sentinal. Write a freelance article which ennumerates how many cyclists are injured by motorists. End the article by asking how the reader would feel if it was their kid, nephew/neice, grand kid, neighbor's kid.

 

[dgregory57]

Some days it seems that I can't sit through a block of commercials in my area without seeing at least one commercial for lawyers...

If a bicycling knowledgeable lawyer isn't available, see if you can find one specializing in motorcycles.

There will be a lawyer willing to take this on contingency, and even if their fees take part of the settlement, it seems like you will get more than you will without a lawyer in this case. The key is contingency, since you want the lawyer to accept the risk of failing to get what you deserve.

In small claims court... even the insurance company's lawyer may have a hard time defending against you. You might be able to get a win by doing the following:

1) Document ALL expenses related to the accident. I don't think pain and suffering are allowed in small claims court, only actual loss. So track every penny the accident cost you... including replacement value of property.

2) Be prepared to prove that bicycles are allowed on the road and that passing on the right is illegal (this one is easy, just bring copies of the applicable laws).

3) Use the police report and your husband's testimony to show that your husband was doing nothing wrong, and that the woman was attempting an illegal and dangerous pass. This could include the fact that the person writing the report said riding bikes on the road is illegal, showing a bias against your husband.

Unless the opposing lawyer can prove that your husband was wrong, I don't see much of a way to lose in this case... if you have accurately told us everything here... Especially with the admission in the police report of passing on the right.

However, I have never been in this situation, so I may be optimistic.

 

[maflmf]

Wow! I really appreciate the number of posts I've received so quickly! More than anything it is nice to get support in this situation. Like one of you said, this whole thing is just soooo bizarre. One of the worst things is that the woman driver never even bothered to get out of her van to see if my husband was ok. She just left him in the ditch and sat in her van the entire time! When he asked her to call the police she told him she didn't know the number! (911, duh!) Furthermore, my husband was never allowed to give a statement. As far as the police goes, we contacted his superior officer and the superior officer told us, "IF he said that, it was incorrect but I stand by my officer." Luckily, after we questioned the office on the phone later, the officer left us a voicemail saying that it is indeed illegal to ride a bike on the road in wisconsin. That is good proof that he did indeed think that. ANYWAY, what a nightmare. I guess one thing I did learn through all of this is that there is a HUGE bias against cyclists in Walworth County Wisconsin. (By the way, we do live in Wisconsin and the road my husband got hit on was the road he grew up on...no Illinois connection. )

 

[Eden]

Luckily, after we questioned the office on the phone later, the officer left us a voicemail saying that it is indeed illegal to ride a bike on the road in wisconsin. That is good proof that he did indeed think that. ANYWAY, what a nightmare.

what a load of bull puckey...
this is directly from the Wisconsin DOT's web site
http://www.dot.wisconsin.gov/safety/vehicle/bicycle/rules.htm
(an exerpt)
General rules
Ride at least three feet from the curb or parked vehicles or debris in curb area and in a straight line.

Sidewalk riding for bicyclists past the learning stage and being closely supervised by adults can be more dangerous than on the road, obeying traffic laws. It is also illegal unless the community has passed an ordinance specifically permitting sidewalk riding.

Motorist reminders
Bicycles are vehicles. They belong on the road.
Cyclists need room to get around potholes, sewer grates and other obstructions.

 

[maflmf]

what a load of bull puckey...
this is directly from the Wisconsin DOT's web site
http://www.dot.wisconsin.gov/safety/vehicle/bicycle/rules.htm
(an exerpt)
General rules
Ride at least three feet from the curb or parked vehicles or debris in curb area and in a straight line.

Sidewalk riding for bicyclists past the learning stage and being closely supervised by adults can be more dangerous than on the road, obeying traffic laws. It is also illegal unless the community has passed an ordinance specifically permitting sidewalk riding.

Motorist reminders
Bicycles are vehicles. They belong on the road.
Cyclists need room to get around potholes, sewer grates and other obstructions.

Wow! Thats great information to have. Thanks-Stephanie

 

[stlblues]

Wow! Thats great information to have. Thanks-Stephanie

I'd go after the gal that hit him and the cop. Make him wish he would have never become a cop, since he doesn't know the laws he is supposed to enforce. When my wife was hit here, the gal that hit her was ticketed and her insurance had to pay for everything.......ambulance ride, the bike, and we recieved without asking a bit extra, I guess for pain and suffering.

 

[RedRider2009]

Pardon my french here...but WTF? It is illegal to bike ok the road in wisconsin? Why are there green signs that say bike route then? She didn't even check to see that he was in decent shape. This entire story seems to include people with terrible judgement...the lady in the van...the police...shenanigans. Where do you live in wisconsin? I live in Racine, Sorry about your misfortune. Try looking up that lady in the courts access webpage...just google "wisconsin circuit court access" and you can find if she has had previous incidents like this.

 

[maflmf]

Pardon my french here...but WTF? It is illegal to bike ok the road in wisconsin? Why are there green signs that say bike route then? She didn't even check to see that he was in decent shape. This entire story seems to include people with terrible judgement...the lady in the van...the police...shenanigans. Where do you live in wisconsin? I live in Racine, Sorry about your misfortune. Try looking up that lady in the courts access webpage...just google "wisconsin circuit court access" and you can find if she has had previous incidents like this.

We live in Delavan. The driver was from Wauwatosa. We did look up the woman's record and it seems pretty clean except for one speeding ticket and one huge court case where it looks like she was the accident victim.(interesting, huh?) We' ve thought about pursuing the cop with the county sheriff but have been told to be careful about retaliation if we do. Its like everything that could go wrong has gone wrong, which makes us nervous about even going to court. Nothing would surprise us anymore!

 

[MarkInNC]

Enhancing injuries is as bad or worse than our hundreds of thousands of ambulance chasing lawyers. Makes me think of the rediculous million dollar award for getting hot coffee spilled on you at Mikey Dees.

It does seem that real medical bills should be paid by the car operator and I be surpized if that did not happen via self presentation of the case in small claims court.

Mark

If I were your husband I would be injured really bad and have diminished ability to earn a living.
Can't sleep at night because of the pain and maybe you should file for consortium since you are burdened with all of his chores and tasks that he is now imcapable of doing. I bet he can't even enjoy riding his bike now.
No enjoyment of life!
I imagine there is a doctor out there that will find that he has myofacial pain disorder.
Decide that he has permanent injuries and seek another lawyer before the statute runs, but be ready to hold out for a while and be sure and tell the lawyer you want the case heard before a jury.

 

[bigmark99]

Please keep us updated on the outcome of this.......hoping to have a happy ending in your favour.

 

[maflmf]

Please keep us updated on the outcome of this.......hoping to have a happy ending in your favour.

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

 

[jhuskey]

Enhancing injuries is as bad or worse than our hundreds of thousands of ambulance chasing lawyers. Makes me think of the rediculous million dollar award for getting hot coffee spilled on you at Mikey Dees.

It does seem that real medical bills should be paid by the car operator and I be surpized if that did not happen via self presentation of the case in small claims court.

Mark

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.

 

[flyor64]

contact: Bob Mionske ... BICYCLELAW.COM ... [email protected] ... 866-VELOLAW (835-6529)

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/72849/legally-speaking-with-bob-mionske--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

 

[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