Personal note: I got hit by a truck

So this happened yesterday.

Oww.

Also my bike is ruined. Everyone who has seen it says they’re gonna total it when the adjuster sees it. ::sadface::

Also I’m gonna sue the guy because he did something so reckless and he was such a complete jerk at the scene. My plan is to make every effort to financially ruin him, because he literally tried to kill me in order to save 3-5 seconds on his trip.

Lastly – and there’s no good way to put this, but – there was a definite racial tone to the scene. My black neighbors, who I know and see every day, all ran to the black driver’s side who was IN A TRUCK and not one of them even came to ask if I was alright. One of them even tried to lie to the cops on behalf of a guy not one of them knew personally. Because I was white and he was black. Post-racial America huh? Yeah. Luckily I had witnesses and a biker cop who knew what happened just from the marks on the road and the damage locations on my bike and truck. Driver cited and lectured heavily.

Lastly fuck my neighbor. If his house was on fire I’d piss on the one next to it to stop the flame from spreading while I watched his burn.

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  1. Screamin

    First and foremost, thank goodness you’re OK, walking, talking and breathing. While the bike may be a loss, you’re still with us and your family.

    On another note…post-racial America actually means that white on black hatred is nearly stamped out with the exception of the occasional fringe group/individual. Black on white hatred, on the other hand, always seems to be just the other side of acceptable. Not that it’s “OK”, per se…but it seems that most just look the other way.

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  2. Seattle Outcast

    Wow, that guy needs to be taken out and beat to death with baseball bats in a public square. I hope you win your lawsuit, this fucker needs has it coming.

    Also, American blacks are about the most racist fuckers on the planet. They’re worse than the KKK, Chinese, or Aztlan – this is pretty much par for the course. Take it as a cue to relocate someplace a little less “diverse”, and with better weather.

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  3. Poosh

    F*ck :s glad you’re ok, wouldn’t be cool if you were hurt or removed from the world. What a shit event. And what a shit thing to happen to your bike to which you had affection for.

    According to my liberal 101 class, only white people can be racist, so you must have misread the situation.

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  4. HARLEY

    Jim, Im glad you are ok, as far as you can be ok! LOL, but shit man. you better break it off in this guys ass….
    THIS kind of shit is why i do not ride… oh well that and Harleys are fing expensive…

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  5. salinger

    First off – glad you’re not hurt too bad. Being a cyclist myself (pedal variety) I know how scary two wheels vs four can be. (Broke four ribs last summer on some railroad tracks and I still feel ‘em every morning when I get up.)

    My plan is to make every effort to financially ruin him, because he literally tried to kill me in order to save 3-5 seconds on his trip

    I’ve been thinking about the above quote.

    How exactly does this play into tort reform? Isn’t the conservative argument that there are laws against what this driver did and the courts will deal with him and that there is insurance to replace the bike and cover medical expenses?

    Personally, I say get the bastard – but I am interested in how conservative leaning folks would justify going after punitive damages.

    In my case it turns out the tracks I wiped out on were resurfaced incorrectly (according to federal standards) a couple days before my fall and this flaw was the reason for the wipe out. I have retained a lawyer to see if we can get my out of pocket medical expenses reimbursed – we’ll see, I’ve never sued anyone – much less a railroad before.

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  6. JimK *

    He took something from me. Yes my material possessions can and will be made whole. Well, almost. We all know insurance doesn’t always cover it all. Who pays for my deductible if his insurance refuses? Who pays my deductibles for the emergency room and CAT scan and X-rays? Or the $10 for my Percoset prescription? Who pays for the t-shirt that the ER was forced to cut off of me because there was the possibility of a neck fracture?

    So far? Me. I pay. I did nothing whatsoever to create this incident. There is no system I can fathom by which it’s right for me to be out of pocket for *anything* in this situation, but here we are.

    The motor vehicle laws don’t punish him in any way for his illegal action when it comes to my out-of-pocket expenses. If his insurance pays, the only financial penalty he pays is his deductible and whatever the fine is for the ticket.

    Further, is my actual physical pain not worth anything? Re-arranging my entire life to accommodate the mess he made of it has no actual value? I can’t do most of what I was doing just moments before he decided to try to pass me to save 4 seconds. I can’t ride, bicycle or motorcycle. I can’t exercise. I can’t do simple tasks like wash my frigging coffee cup. I have to see two doctors this coming week. My time is meaningless? The extra wear on my car doesn’t have value? The fact that I have to spend time, effort and money to get a new motorcycle, buy anything not covered by the insurance, install numerous parts, etc…this is worth nothing to a “conservatarian” point of view?

    I’m going to file a lawsuit for as much as whatever laws apply will allow. He can come back with an offer. I can accept or reject. That’s what I’ve always been led to believe libertarians have always advocated…using the legal system to settle issue between individuals rather than expecting the government to use the criminal system.

    Seems to me saying that a “conservative” viewpoint means to not sue advocates stepping aside and letting the state be my advocate, and settling for whatever they say I should. Whereas I’m using the civil legal system to advocate for myself via a representative that I hire. Which feels pretty danged libertarian to me, but I could be wrong.

    Either way I’m suing his ass off. :)

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  7. salinger

    I’m not that quick to take offense Jim – you pretty much have to come straight out and call me something to my face – otherwise I opt toward benefit of the doubt.

    I weighed the same issues you list after going back and inspecting where I fell. I put on close to 4K on my bike every year for the past ten years and haven’t ever fallen. In my case the track was at a 45 to the road and the resurfacing left a portion of rail sticking up two inches above grade. This sheered my wheels out from under me like a slot car following a track. I was moving at about 25mph – which sounds fairly slow – but on a bike its moving.

    For this I suffered four broken ribs – two weeks flat on my back and three months before I could ride again. I’ve only just got back into the gym in the last month and close to five grand in out of pocket medical expenses. Being self employed, I have a fairly high deductible and the ambulance didn’t check that the ER they took me to was part of my group.

    Anyway – I am convinced this fall was not my fault so I retained a lawyer for the first time in my life. I just wonder how many folks spouting off about tort reform have been injured through others negligence, or how their tune would change if said injury came to pass.

    I’m just looking for out of pocket expenses – anything the lawyer secures above and beyond, fine. But how do you even put a value on pain and suffering (broken ribs hurt like a motherfucker) or the loss of time doing the things I have worked all my life to have time to do? I’ll tell you this – I sure didn’t expect to still be hurting almost seven months later.

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  8. sahrab

    Jim,

    Glad you’re ok, nothing like a few road hickies to brag to your buds about. Remember chicks dig scars!

    Back in the mid 90’s i moved back to Maryland, from Phoenix, with an GSXR1100. Bikes werent as big here, back then, but in Phoenix (with a rainstorm a month) was bike heaven. Coming back home from work one night, while on the Route 50 exit ramp from 495, a black (I think that was the color) truck (I believe) decide to pass me. Since i was on a semi-elevated single lane ramp, my choices were to go under truck or run off the side of the ramp (i chose option b).

    About an hour later (near as i could tell) I woke up in a ditch, dragged my ass back up to the ramp and flagged down a motorist (actually 3 since cell phones werent as prevalent back then). Police and Ambulance shows up about the same time, and while the paramedic is trying to clean gravel/dirt/detrious out of the sliced open (i had no clue) fingers on my left handhe grabs a bottle and starts to pour.

    I had time to catch him and ask if it was alchohol, which he replied that it wasnt.

    Either he lied, or that water hurt like a bitch. Unfortunately, as an entirely automatic response, i knocked the paramedic onto his ass. I then had to deal with an officer handcuffing my still gaping hand while i’m trying to apologize to the paramedic. luckily it didnt take to long to clear up (at this point i was feeling the wounds in my hand).

    I still have the helmet i was wearing, the entire back of the helmet looks like someone took an industrial grater to plane a flat spot onto it.

    I repaired that bike and was able to ride in Rolling Thunder the following year (if you’ve never done it you have to check it out 400,000 motorcycles riding into DC in 4 hours is friggin awesome) but ended up getting rid of the bike a bit after meeting my Wife. She never rode and cited my helmet as a good example of why. I miss it but the bike scene in the DC area has really changed in the last 15 years.

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  9. AlexInCT

    Damn. Glad to hear you are OK dude. And sue. While you are not giving details it pretty much sounds like this guy either didn’t care or was not operating with a full deck. And I am not surprised your neigbors chose to throw you under the truck for someone with the same skin color as theirs. You are “Da Man” after all, and they are just getting their pay back. Sad world we live in.

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  10. AlexInCT

    Anyway – I am convinced this fall was not my fault so I retained a lawyer for the first time in my life. I just wonder how many folks spouting off about tort reform have been injured through others negligence, or how their tune would change if said injury came to pass.

    Those of us “spouting” about tort reform Sally don’t do so because we want to deprive people with a legitimate case from getting their dues. It’s cases like the one where some guy/gal makes up an injury to rake you over the coals that bother us. People with legitmate cases should not have a problem. Even a medicore attorney should be able to win their case. I have been on the recieving end of the asshole thinking they can make money by faking an injury on my property. I never recouped my loses even though I won the case. That’s what needs to change. If you are a crook the system should not allow you to abuse it without consequences.

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  11. hist_ed

    I just wonder how many folks spouting off about tort reform have been injured through others negligence, or how their tune would change if said injury came to pass.

    I realize that you are not deliberately trying to be deceptive, but this is a strawman. If you disagree, then find us one conservative writer, politician or pundit that has said something like “The court system should not allow injured people to recover damages.” Running an impartial judicial system is one of the core functions of government. Many conservatives do argue against million dollar judgements for coffee spills or repainted cars being sold as new. They also note that junk science can often be used in court cases to sway juries (the boob implant cases several years ago were all overblown). Loser pays would deal with a lot of this (though have its own problems-not sure I am a proponent).

    Many also think the legal climate has just gotten too litigant friendly. If you have a pool in your back yard and fence it in, that should be enough to protect you from liablity. If some drunken idiot scales you fence and drowns in your pool, tough shit for him and his family. My newest gun has several warnings printed on the slide. For fuck’s sake, it’s a handgun. Absent those warnings, if someone shoots themselves in the face while cleaning it, that’s their problem, not the manufacturer’s.

    Scalia, for one, argues that the Supreme Court shouldn’t review any state court damage cases. He has asked in opinions something like: “Where is the no excessive damages clause in the Constitution?”

    I’m a little more sympathetic to punitive damages than many round these parts. Having read more than most about the McDonald’s coffee spill woman, I think McDonald’s really was being stupid.

    If someone does something stupid and you injure yourself without doing something stupid as a result of their actions, they should pay for your damages. That goes back to English Common Law and is a pretty conservative principle.

    So for you and Jimk-Yeah, sue the bastards. Yours will probably end in a settlement. Better for you and the defendant, but maybe not so good for society.

    I can sympathize with both of you. I rode motorcycles for a while about 20-25 years ago. I bike commuted in college in the mid 1990s (and still do occasionally). My worst accident was a truck that forced me onto a freeway cloverleaf at 65 miles an hour (For SO: Southbound 405 on to east bound 520). I jumped the curve and flew and landed in the dirt. It would have been easy on a dirt bike; I was on a Harley. Couple grand for the bike and a few bruises for me. It’s the close calls that I really remember, too many to count.

    A couple of years ago I took my daughter around a quiet residential neighborhood on my brother’s Kawasaki. I realized that I am a bit slower than I used to be. Don’t think I’ll own a motorcycle again.

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  12. salinger

    find us one conservative writer, politician or pundit that has said something like “The court system should not allow injured people to recover damages.”

    Yeah – I admit that this would probably be pretty hard to do and not something I would want to spend the time on in order to find.

    I was thinking more along
    this.

    It’s when folks get the whole “the rules are for other folks” mentality (no matter what side of the aisle they sit) that I get my hackles up. That and when people fuck with my name.

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  13. hist_ed

    I was thinking more along
    this.

    Wow, that was news to me. I’m not a fan of Santorum, but this really sucks. The entitlement mentality that says “gimme half a mil for a little bit of my time.” I guess we would really need to see the court documents. If the Mrs. were a pro basketball player making 500k a year and she got knocked out for a season. I could see it.

    And from a Biblical Conservative: “I don’talways agree with what my wofe does.”?? Whip that little lady into shape. God says that Ricky should law down some thumb diameter rod enforced law and be the on high appointed man o’ the family.

    I’m gonna be really mad if I have to go vote for him in the fall.

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  14. Seattle Outcast

    Santorum’s first mistake was going to a chiropractor. I’m not saying that they are ALL frauds/quacks, but I haven’t met one yet that wasn’t.

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  15. sahrab

    Santorum’s first mistake was going to a chiropractor. I’m not saying that they are ALL frauds/quacks, but I haven’t met one yet that wasn’t.

    Penn and Teller’s Bullshit! series did a show about Chiropractors. They pretty much laid bare the quackery of Chiropractors (no medical schooling required, little regulation). My favorite part, and often referenced when my wife swears they werent just glorified massage therapists, was a Quack-opactor explanation of Vertebral Subluxation.

    A non-measurable, except by a Quack-opractor, adjustment that is used to show the benefits of Quack-opracy. When they (Penn & Teller) tried to get a chiropractor to explain why this doesnt show up on any X-Ray or CAT scan, the Quack references their patients and the results they feel they recieve.

    This led to Penn & Tellers piece about Placebo medicines and how people can fool themselves into believing they are healed of something when they arent.

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  16. hist_ed

    Agree on the Chiros. I got a free exam from one (came with a free massage and both the massager and chiropractor were really hot). They showed me this weird electrostatic reading on my spine that showed that I needed a long series of work that would cost 5 or 6 grand. The thing that gets me is how they try to link it to every fucking thing you can think of. My bad posture makes my sinuses have problems? Are you sure it wasn’t all the coke and other shit I shoved up my nose in the 80s?

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