My only hope...

Luke wrote:
In article , Paul Hobson
wrote:

...is that the children who were riding with their dad (when they saw
him hit me, get out to move my bike out of his way as I lay on the
ground, and then drive off) don't grow up thinking that what he did is
acceptable behavior.

I'm fine btw. My Bianchi frame is toast, but everything on it is fine.
I'll be riding the train for a few months though as it looks like my
left wrist may need surgery.


Sorry to hear about your Bianchi; Paul, I seem to recall that you had a
vintage Bianchi painted blue and converted to a FG. Was that it?

Yeah, this guy:
http://www.prism.gatech.edu/~gtg611a/pics/bianchi.jpg

RIP, old friend

Its heartening to hear that you're emerged from the incident with your
health relatively intact. I wish you a speedy recovery and the SOB a
stiff sentence.

Luke


--
Paul M. Hobson
Georgia Institute of Technology
..:change the f to ph to reply:.

Paul Hobson wrote:
landotter wrote:
Get a lawyer and sue the **** out of him. If it had been a simple
accident, a "Oh, sh*t, the sun got in my eye, are you OK?!" kind of
thing, then of course not. This man sounds like a ****heel of grand
proportions. An example needs to be set. Hopefully he'll spend some
time in jail. There's the accident, braking the traffic laws, assault,
property damage, leaving the scene of an accident, and even failing to
provide aide if Georgia has "good samaritan" laws.
....
Make him hurt.

I understand your sentiment. But all I really want is 1) the frame
replaced and 2) that he and _his children_ learn that it's not ok to do
that. I'd rather not get into here, but I'm just not the type to sue
someone for everything he's worth.

He made a mistake and hit me. Accidents happen. I just want him to get
his due for taking off and setting such a horrible example.

It's more than an accident, at least after he left the scene. It's a
crime, a matter of justice, and a matter of public safety. Of course,
we're dependent on the police and DA to make sure an example is made of
him to deter anyone else from trying this stunt on the rest of us.

After the world is made safe for cyclists, we get to compensating you.
As far as what you want, I'd guess you really want him (or his insurance
company) to also pay for your medical treatments. And don't be too
hasty to dismiss compensation for pain and suffering. When I was hit, I
pushed the insurance adjuster DOWN below the minimum she was offering,
on similar grounds (money can't make it better, so why should I take the
money?). Some months later, working on rehab, I came to the conclusion
that the high end the adjuster was offering would just about pay for the
time I spent working out that shoulder, at my going pay rate. That's no
money for pain or suffering, and payment for my time at 1/5 what I get
paid at work. I should have taken the new bike!

What's the pay scale for RA/TA in your graduate studies? How much time
are you going to waste getting better? How much extra money will it
cost you to take public transportation for the next 2-3 months? How
much time are you going to lose because you can't do your research
because this jerk hit you, and how much do you expect to get paid when
you graduate? I'm not a lawyer, but these costs are losses inflicted on
you, and it's completely reasonable for you to be compensated for them.

So help the criminal justice system nail the *******, keep good records
of your costs and time lost, and recover them. If he loses his shirt
(or pants), well, that's his problem.

Pat

Bob wrote:
Personally, I wouldn't be too quick to hire an attorney and file a
civil suit. If you appear in court to testify against him when the
criminal case is up the judge can order restitution. Many judges do
just that as a matter of course. Talk to the prosecutor beforehand.

Bob, is that the law in Georgia, or just in your state? If I understand
correctly from the lawyers of my acquaintance, the norm here is to use
the criminal conviction as prima facie evidence in a subsequent civil
case for damages/restitution.

Pat

Pat Lamb wrote in
:

Bob, is that the law in Georgia, or just in your state? If I
understand correctly from the lawyers of my acquaintance, the norm
here is to use the criminal conviction as prima facie evidence in a
subsequent civil case for damages/restitution.



I was hit by a drunk driver in California a number of years back. I
received a few VERY small checks from the county - referencing the guy's
name - about a year after the event (it was not an accident since he was
drunk at 11:00AM on a Sunday morning.) I assume the court ordered the
restitution be paid since I never asked for it (nor did I have to appear
at his trial - I suppose he plead guilty.)

In any case, as I recall the total of the checks was less than $100, but
that was fine with me. I wasn't looking to make money on the deal and
there was NO chance I would have hired an ambulance chasing attorney so
that the lawyer could line his pockets at everyone else's expense.


Cheers,
David

80% of bike accidents happen when a car at an intersection carelessly turns
infront of an oncoming cyclist.
Let's try to be 200% cautious knowing that. I know it stinks.
I find in Surrey, BC, culture has a lot to do with how beligerent a driver
is. In other words all my close encounters have been with know it all
foreign cultures. I make them feel it back through ICBC and local Police
reporting. Makes me feel a little less helpless.
You can probably blame lawlessness in BC too.

IMHO
regards

The law is the only viable messenger in this case

Not to mention it will help all of us.
lest we forget

In any case, as I recall the total of the checks was less than $100, but
that was fine with me. I wasn't looking to make money on the deal and
there was NO chance I would have hired an ambulance chasing attorney so
that the lawyer could line his pockets at everyone else's expense.

Ahhh, but an ambulance ride could have cost you that much anyway. ie you
get $0.00
Really taught him a lesson didn't they.

Paul Hobson wrote:
...is that the children who were riding with their dad (when they saw
him hit me, get out to move my bike out of his way as I lay on the
ground, and then drive off) don't grow up thinking that what he did is
acceptable behavior.

I'm fine btw. My Bianchi frame is toast, but everything on it is fine.
I'll be riding the train for a few months though as it looks like my
left wrist may need surgery.

\\paul

I am grateful that you survived the accident. I hope your recovery goes
smoothly and that the law catches up with the driver.

Yeah, his next target could be your grandmother or your grandkids.

It is only going to get worse with time and population growth.
Killing people will mean nothing to these people. What is next?

Hope you feel better soon big guy.

Pat Lamb wrote:
Paul Hobson wrote:
landotter wrote:
Get a lawyer and sue the **** out of him. If it had been a simple
accident, a "Oh, sh*t, the sun got in my eye, are you OK?!" kind of
thing, then of course not. This man sounds like a ****heel of grand
proportions. An example needs to be set. Hopefully he'll spend some
time in jail. There's the accident, braking the traffic laws, assault,
property damage, leaving the scene of an accident, and even failing to
provide aide if Georgia has "good samaritan" laws.
...
Make him hurt.
I understand your sentiment. But all I really want is 1) the frame
replaced and 2) that he and _his children_ learn that it's not ok to do
that. I'd rather not get into here, but I'm just not the type to sue
someone for everything he's worth.

He made a mistake and hit me. Accidents happen. I just want him to get
his due for taking off and setting such a horrible example.

It's more than an accident, at least after he left the scene. It's a
crime, a matter of justice, and a matter of public safety. Of course,
we're dependent on the police and DA to make sure an example is made of
him to deter anyone else from trying this stunt on the rest of us.

Agreed. Several people seem to be assuming that the APD is actively
looking for him. My optimistic belief is that if ever gets pulled over
again, this might pop up. I really think (like the others I know who've
been hit) that I'm SOL.

After the world is made safe for cyclists, we get to compensating you.
As far as what you want, I'd guess you really want him (or his insurance
company) to also pay for your medical treatments.

But I'm insured. Would I just ask for the co-pay?

And don't be too
hasty to dismiss compensation for pain and suffering. When I was hit, I
pushed the insurance adjuster DOWN below the minimum she was offering,
on similar grounds (money can't make it better, so why should I take the
money?). Some months later, working on rehab, I came to the conclusion
that the high end the adjuster was offering would just about pay for the
time I spent working out that shoulder, at my going pay rate. That's no
money for pain or suffering, and payment for my time at 1/5 what I get
paid at work. I should have taken the new bike!

very good point.

What's the pay scale for RA/TA in your graduate studies?

Not to brag g but I get 750 USD per month from each of my
assistantships (one RA, one TA).

How much time
are you going to waste getting better?

No clue

How much extra money will it
cost you to take public transportation for the next 2-3 months?

$40/month + 1 to 1.5 extra hours per day (MARTA's slow when you work my
hours: 8am - Midnight)

How
much time are you going to lose because you can't do your research
because this jerk hit you, and how much do you expect to get paid when
you graduate?

I've back in the lab twice since I was hit Saturday. I'm definitely
slower. But that doesn't affect my pay, just my time.

I'm not a lawyer, but these costs are losses inflicted on
you, and it's completely reasonable for you to be compensated for them.

So help the criminal justice system nail the *******, keep good records
of your costs and time lost, and recover them. If he loses his shirt
(or pants), well, that's his problem.

Maybe, but I don't want him and his kids to be better when some punk kid
on a bike sends their dad into financial ruin. I don't think it will
happen judging by the make/model of the SUV that hit me, but...um, yeah.

Everyone: I do appreciate the input.

--
Paul M. Hobson
Georgia Institute of Technology
..:change the f to ph to reply:.