Bicyclist (me!) Collides with Rear-windshield of Mercedes

[gboykovekin]

Well, I guess it was bound to happen eventually: at 6 pm on Friday, just north of Yonge/Lawrence, a motorist turned into my path and then stopped, requiring me to brake...but unfortunately, I still went through his rear-windshield (albeit slower than I would have otherwise). Adding insult to injury, I was ticketed with "failing to turn out to the left to avoid collision." >:

Some (gruesome?) pics...

From the night of

This morning

18 stiches! in the left arm

 

[FutureMayor]

Re: Bicyclist (me!) Collides with Rear-windshield of Mercede

Oh my gosh! Thank goodness you are ok!

Louroz

 

[bizorky]

Re: Bicyclist (me!) Collides with Rear-windshield of Mercede

adding insult to injury, I was ticketed with "failing to turn out to the left to avoid collision."

They make it sound as if you did that to yourself on purpose.

Nuts!


Get well, man!

 

[shawnmicallef]

x

Was it their fault?

If so, fight that charge.

 

[andreapalladio]

Re: x

The vehicle who does the rear ending is the one at fault.

 

[hamilton905]

Re: x

Unfortunately Gboyk is at fault. I take it there was damage done to the car as well? Will the owner report it through his insurance, resulting in you paying his deductible?

 

[wonderboy905]

Re: x

Unfortunately Gboyk is at fault. I take it there was damage done to the car as well? Will the owner report it through his insurance, resulting in you paying his deductible?

The driver's deductable should be waived as the third party has been identified (only for hit & run's would the deductable not be waived). The scary part is that the insurance company may try to recover their losses from hamilton905 since he was not driving a vehicle carrying direct compensation property damage coverage. Chances are if it's only a few grand there's nothing to worry about, not worth the expense of trying to collect.

99% of the time the driver who rear-end's is at-fault which is why the cop probably gave you a ticket. Unless you can somehow prove it was your right of way and he had no business doing what he did you're going to be out of luck.

 

[gboykovekin]

Re: x

The driver's rear-windshield was smashed; I was thinking of phoning the insurance company and making a claim for my bike, but that might not be the best course of action knowing this info.

I'm curious if I can overturn the ticket as the police questioned me about the accident while I was incapacitated in the ambulance shortly after the accident occured - I may not have described the details behind the collision as accurately as I could have due to my physical/mental state.

Also, I wonder if bringing up the impracticality of turning out to the left with approaching traffic behind will serve my case.

ie.

Driver unable to turn out is to stop

(7) Where one vehicle is met or overtaken by another, if by reason of the weight of the load on either of the vehicles so meeting or on the vehicle so overtaken the driver finds it impracticable to turn out, he or she shall immediately stop, and, if necessary for the safety of the other vehicle and if required so to do, he or she shall assist the person in charge thereof to pass without damage. R.S.O. 1990, c. H.8, s. 148 (7)

Passing vehicle going in same direction

(8) No person in charge of a vehicle shall pass or attempt to pass another vehicle going in the same direction on a highway unless the roadway,

(a) in front of and to the left of the vehicle to be passed is safely free from approaching traffic; and

(b) to the left of the vehicle passing or attempting to pass is safely free from overtaking traffic. R.S.O. 1990, c. H.8, s. 148 (8)

The ticketing police officer said I had a good chance in fighting the ticket, so I was wondering what option I should take: either plead guilty with explanation or not guilty?

 

[wonderboy905]

Re: x

The ticketing police officer said I had a good chance in fighting the ticket, so I was wondering what option I should take: either plead guilty with explanation or not guilty?

Fight the ticket, and mention that the officer told you to do this while he is in the courtroom. It seems like one of those cases where he gave you a ticket because he had to given the circumstances, not because he felt compelled to do so (also to help shutup the driver of the vehicle).

 

[gboykovekin]

Re: x

^Phew, that's what my thoughts were after I got out of the hospital and then officers came to my room to hand me the ticket; they suggested I contact the insurance company as well as it couldn't hurt?

However, they said the the backlog for traffic tickets is about 8-9 months, so should I contact the insurance company before the ticket is settled?

Oh, and thanks for the words of encouragement everyone; and to wonderboy905 for some good advice.

 

[The Burgher of TO]

Re: Bicyclist (me!) Collides with Rear-windshield of Mercede

this brings up an interesting question, whether cyclists who ride on city streets ought to be required to carry insurance. obviously not at rates comparable to car insurance (given that cyclists are involved in far fewer incidents, even taking into accout the small number of cyclists), but some small amount, maybe $10-15 a month? i'm thinking not only for car/bicycle incidents, but also for bicycle/pedestrian or bicycle/bicycle incidents. do any other jurisidictions regulate cyclists like that?

 

[wonderboy905]

Re: Bicyclist (me!) Collides with Rear-windshield of Mercede

gboykovekin, which reminds me... do you have car insurance of your own? If not, you may be entitled to claim for any additional expenses, lost wages etc. through the other person's auto insurance (accident benefit coverage which is mandatory extends to all parties in an accident even if they don't have their own coverage).

Which answers the question as to whether or not cyclists need insurance, they don't! Auto insurance rates in Ontario are as high as they are because we simply have the best coverage anywhere. If you need any type of physiotherapy treatments, massages etc then they might be covered by insurance.

If you drive though it may appear as a bodily injury, 100% at-fault claim on your record, then again it may not, I don't work on the claims side of things.

 

[gboykovekin]

Re: Bicyclist (me!) Collides with Rear-windshield of Mercede

^Nope. Would the claim go faster if I just claimed the damage on the bike alone rather than claiming injury as well?

 

[building babel]

Re: Bicyclist (me!) Collides with Rear-windshield of Mercede

"It's gruesome!"

"Aye lassie, and if you touch it it'll gruesome more ..."

 

[wonderboy905]

Re: Bicyclist (me!) Collides with Rear-windshield of Mercede

^Nope. Would the claim go faster if I just claimed the damage on the bike alone rather than claiming injury as well?

You could only claim damage on your bike through their insurance if they were at-fault, if you caused it you may have coverage through your home insurance if you have an all risks coverage (subject to your deductable... might not be worth claiming). Your injuries would go through their auto provider though if it's not covered under our public health plan.

Cheers.