Conference noted::bicycle

    My information says that since you were on your bike you were a
    bicyclist and therefore your contributory negligence leaves you no
    recourse.  If you had dismounted you would have been a pedestrian
    and would have had legal protection.
    
    I think one indication of the validity of your case is that the
    atty's would have signed you up for a contingency fee (1/3) if
    they saw big bucks coming their way.  As it is they are only
    acting as you legal rep and writing letters because they will collect
    for that from you.
    
    The actual laws vary state by state.
    
    Sorry that I cannot give you good news.
    
    ed

    
    
    RE:-1
    
    Hi Ed, Thanks for the reply. I forgot to mention, my attorney's
    did sign up a contingency fee (1/3) with me. However, there is a
    paragraph there, that all expenses for preparation ie. medical
    reports, witness fees, court fees etc.... I am responsible for.
    They did tell me that if nothing is collected, there will be no
    legall fees, but there is all these extras.
    As for crossing the street, if I am riding on the main road, crossing
    a street that has a stop sign on one direction (going downhill)
    and yeild sign on the other (going uphill) why do I need to get
    of my bicycle? 
    
    Shaw
    

    There may  be  contributory  negligence on both sides here. If you
    trust  your  lawyer,  ask  him  these  questions, and if you don't
    trust  him,  replace him. If he's not familiar with bicycle cases,
    you may want to have him check with specialists. LAW might be able
    to give you a few names.  Good Luck.

--David

    
    Hi, My first question is, why was there neglegence on my part, since
    I was crossing a street that had stop and yeild signs on it. 
    Second question, what is LAW I am not familiar with that. 
    
    Thanks,
    
    Shaw

> Hi, My first question is, why was there neglegence on my part, since
> I was crossing a street that had stop and yeild signs on it.
> Second question, what is LAW I am not familiar with that. 

    The L.A.W. is the League of American Wheelmen, the primary 
    national bicyclist lobby group.  You might also try contacting
    the Boston Area Bicycle Coallition.  The have a list of lawyers
    who are experienced in bicycle law.  Try (617)491-RIDE.


    In Massachussetts and many other states, a person in the road
    on a bicycle is considered a vehicle.  When you walk your bike
    across, you are considered a pedestrian.  The rules are different
    for each.

    The lawyer for the other side might argue that you were
    a vehicle entering the roadway.  Vehicles already in the
    road have right-of-way.  (I'm not sure that I understand the
    geometry of your accident, so I'm not sure if this applies.)

    -Jeff

Please describe the accident scene more carefully:

	There is a 2-way street intersecting with a 1-way street.
	The 2-way street has a stop sign in one direction and
	a yield sign in the other direction.
	You ride on the shoulder.

Questions:

	What shoulder do you ride in when you come down the 2-way street
	toward the intersection?

	When you get to the intersection are you at the stop sign or
	the yield sign?

	When you turn onto the 1-way street are you turning left or right?

	After the turn, which shoulder do you ride on on the 1-way street?

	When you turn around on the 1-way street do you stay on the same
	shoulder or cross to the other shoulder?

    Here is best I can do in EDT:
                                 
                                 |//              //|
                                 |//     one      //|
                                 |//     way      //|
                                 |//              //|
         **this is               |//      |       //| 
          where I landed         |//      |       //|
                                 |//     \/       //|
                                 |//              //|
       --------------------------                    ---------------------
                my location     /|\                 yeild (pick up truck)
                when hit         |
                                                      
                             stop                  
       --------------------------|//              //|----------------------
                                 |//              //|
                                 |//              //|
                                 |//                .
                                 |//                .  
                                 |//                .

  The horizontal street is two way, the vertical steert is the main road
  and is a one way street.(//) represents the dirt area. I was riding on the
  dirt traveled up ten feet to enter the intersection to cross the street.
  when I entered the intersection, pick up truck still had not reached
  the yeild sign. (the street goes uphill in the direction of his travel).

  I had almost crossed the street fully when the truck collided with me. 
  He never stopped or slowed down. And the first thing he said when he
  got out of the truck was, "man I'm sorry, I didn't even see you"

  I 'd like to ad that this accident happened in New Hampshire. I don't 
  know if the laws are any different from MA.
  I also like to add, that all I am seeking is for the guy's insurance to
  replace my bike, as we all know a frame that is bent will not be any
  good so repair is out of the question.   I also would like the deductables
  I had to pay on my medical bills. I don't plan to make money out of this
  I am not that kind of a person that jumps at oppotunities of such.

  I appreciate all the responses so far. 
  Thanks, 

  Shaw 

    In Mass, the no-fault laws would probably take care of your bills.  I
    don't know about NH.  It does seem to me that the driver must have been
    going too fast for what he was doing but that's for me to suspect and
    someone else to prove.
    
    As for negligence, if you are doing ANYTHING wrong at the time of the
    accident that can be used as evidence of contributory negligence.
    
    ed

     You may have legal rights regardless of whether you were going in
    "the wrong direction". BICYCLE USA just outlined "similar" court
    cases that paralled yours. The cyclist was in violation of some
    ordinance/traffic law (there were two cases). They both won their
    suits (and  they were "deep-pocket" suits.
    
     Even though you may be perceived as a wrong-doer, so was he. He did
    the damage. Sounds like you have a ding-dong for a lawyer. My $.02
    here is dump the clown. I don't know where you live, but if it's in
    the Fitchburg area call Ed Ryan... He is an avid/rabid cyclist. A
    friend of mine is now being represented in a car/cycle accident. Get
    someone who knows the score and is committed to you and cycling. That's
    as close to a winning combo as you can get.
    
      Chip 

    By the way, .0 sounded a lot different from .7. And .7 looks a lot more
    in your favor.  Make sure you have diagrams available when you explain
    this to any attorney.
    
    (and good luck)
    ed

    
    Thanks for the pointers so far friends, Chip, is the BICYCLE USA
    this months issue, maybe I should send a copy to my lawyer. I 
    just received (last night) a copy a letter he sent to the other
    guys insurance rep. That has pointed out that from the demage on
    the bike, it is very clear how and where I got hit. Also the poeple
    that I was thrown in their lawn, at the time of the accident were
    sitting out on their deck and cleary saw what happened. Altough
    they all stood up and saw me bleeding in their yard and walked right
    in the house..I guess they didn't want to get involved. I know that
    if some one was thrown in my yard and hurt, regardless of the
    circomstances  I would immediately go over and see if I could be
    of any help or atleast call the cups. 
    After I had already signed the contract with my lawyer and agreed
    on a 1/3 contingecy contract and received a bill from them for having
    had to contact the hospital, I did sort of think maybe I should
    call a lawyer that already has dealt with bicycle cases and is more
    familiar to such a case, so I kind of hinted to that when I was
    talking to my lawyer on the phone, I asked me to read the last
    paragraph of the contingency contract .It stated that if at anytime
    I decided I didn't want their service and wanted a discharge, I
    would have to pay their hourly rate for work done up to that point
    their rate is $150.00 and hour and they claimed they had already
    put over two hours on this case. 
    Chip, I will go to a book store and locate an issue of bicycle USA.
    Unless it is an older issue not on the stands anymore, I would
    appreciate a copy of the article. 
    I am hoping that because the person's insurance company has already
    sent down and adjuster to look at my bike, maybe that in it self
    is an admitance by them that their client was at fault. I really
    do not have any intentions of making money out of this, I just don't
    want to be stuck with a medical, legal and bike replacement bills
    when I strongly believe myself that I was NOT at fault and if the
    truck had even paused at the yeild sign, I would have been way out
    of the way. 
    
    Thanks again. 
    
    Shaw

    damned ambulance chasers...
    
    ed

    IT'S IN THE JULY/AUGUST ISSUE. If you can't locate a copy I'll
    gladly boot-off a copy. Just let me know in here or send me
    Mail - WMOIS::C_GIROUARD...
    
     GOOD LUCK AND GET MONEY BEYOND THE BIKE...
    
       CHIP

    
    I would dump him NOW @ $300 before it goes higher, and get a different
    lawyer ASAP.  The $300 will be "chump change" when you get through.
    
    If you keep him you could stand to loose a LOT more than the $300.

    John

    
    I'm really too distant from this, but I have to agree with -.1.
    This doesn't sound good at all.  You *have* made progress in
    describing your case (at least with us).  A couple of things
    you could do short of immediately discontinuing the guy's 
    "services" -
    
    1. Notify him not to perform any more billable services for you
       until further notice.
    
    2. If you think he *might* be ok (although it seems doubtful),
       talk to him with a LAW member or other person mentioned in
       this note.  Some times a third party can work wonders.
    
    I hope you get your money, and don't get worn to a frazzle in the
    process.
    
    -john

    Arggh. Percentage contingency fees for lawyers should be outlawed. (But
    since most lawmakers are lawyers, don't hold your breath.) Then lawyers
    should be outlawed. (If I said what I really meant, I'd probably get
    sued...)  Lawyers are just below international terrorists on the
    evolutionary scale...

    What's the difference between God and a Lawyer?
    
    
    
    
    
    God never tries to be a lawyer.
    
    ed

So, now that our interest was 'perked' on this, what was the finally outcome of
this?  I'm hoping you'll tell us that you hired the avid/rabid biker lawyer and
won!


Please update us....if it's not too painful.

Thanks!

Sue

    
    	I would have to guess that he either lost the case or dropped
    	it before it even got that far.
    

    
    Well after long time waiting, it was settled outa court for $4300.00
    After lawyer fees there was just about enough left for a nice mountain
    bike. 
    
    
    Shaw