Hit by a truck, now what? I need advice!

Discussion in 'General OFF TOPIC' started by NYSDEUCERIDER, Sep 7, 2011.


    NYSDEUCERIDER Active Member

    Three weeks ago today, I was hit head-on as a pickup entered my lane as it turned left to pul into a driveway. My bike is pretty trashed and I have no word if they will fix it or total it. As for me, I have a fractured pelvis and assorted injuries that resulted from the severe impact with the tank area. Nuff said? :( I am currently wearing a Foley Bag and catheter to allow some healing in that area. I go tomorrow for dye tests to see what is going on inside and Friday we'll hopefully find out about whether the tube needs to stay.
    What I am asking my fellow forum members is where do I go now? His insurance is 'supposed' to be covering my medical and property damages. (In NYS a motorcycle insurance policy does not cover my injuries - go figure) I have applied for disabilty benefits through my work as it is uncertain when or if I'll be returning. What about what I have called "loss of income' benefits? Who pays these, and how do I apply? Lots of questions...

    My biggest question is regarding getting a lawyer and suing the other driver. Should I? Should I feel bad to create more problems for him? He was NOT ticketed but stated to the deputy that he didn't see me until impact. It happened WELL on my side of the road. The accident report lists "failure to keep right" and "inattention" as HIS contributing factors and NONE as mine. I need to protect myself from this financial burden and who knows how my body will fair from these injuries? I was getting married that following Saturday (and did!) but honestly do not know what will work and what won't after all this... does this fall under the 'pain and suffering' header? I really don't know what to do...... and one last thing that makes decisions hard, the other motorist and his wife were friends and neighbors of me and my family for over 30 years! *UGH!* I don't want to be a leech, but need to be smart!

    Advice? Opinions? Anything? Thanks!

    Ride safe!
  2. Dr. Dolittle

    Dr. Dolittle Experienced Member Staff Member Moderator Contributor

    I'm not trying to be mean but it sounds like you need to spend some time asking the same types of questions on a legal forum, not a motorcycle forum. While many will probably chime in with advice, I wouldn't put too much weight on legal advice received on the internet. Might be well worth the cost of an initial consultation to sit down with an actual lawyer in your area and ask these questions. Most local motorcycle mags are full of ads for lawyers in your area. Local HD dealership or HOG chapter also might have some good recommendations.

    Good luck to you whatever you decide!
  3. dbmg

    dbmg Experienced Member

    You need to be sure of being made as whole as possible. As you know the insurance company will always try to reduce their losses. If you are asking me and please do not take this the wrong way, but when involved in a motorcycle accident what could have rider have done to avoid impact.
    So I hope and all goes well for you, and at some point you may need a attorney's services to go after friends insurance company to offset your loss.
    If not you may have no choice but to personally involve friend to make up difference. Hopefully the insurance companies will do right by you and you will not need to go that far.
    Best to you and a speedy recovery....
  4. R. Lewis

    R. Lewis Senior Member Retired Moderators

    agree with Dr. here - unless we have some actual injury lawyers on board - alot of opinions will be stated. Sometimes a law firm will forgo the cost of the first visit. JMO ---- even though you know the person responsible I would seek counsel's advise. What has your ins. Co. said?
  5. HDDon

    HDDon Experienced Member Contributor Retired Moderators

    The Dr. is giving you some good advice. Do not feel sorry for the other guy, I can't see why he was not charged with intering into a lane of moving traffic. Would the police have ticketed him if it had been a Mac truck? I didn't see it is not good enough! Get a lawyer and listen to them.
  6. purplehazeultra

    purplehazeultra Active Member

    Sounds like good advice 2 me. Good luck
  7. RibEye

    RibEye Junior Member Contributor

    Sit down with a good lawyer. I should not cost too much for the consult, and will likely pay for itself, as teh cost would be rolled into your damages. Do not wait.

    Rich P
  8. TripleJ

    TripleJ Senior Member

    Sounds to me like the Dr. has prescribed some good medicine. Hope all ends well for you both physically and financially.
  9. YnotBiker

    YnotBiker Active Member

    Your insurance company already has lawyers who represent you. Talk to your agent and those handling your case first. Keep records of these conversations. If things with you and the old family friend get awkward, maybe someone in your family can ask him about his ability to be responsible for his actions. If you don't get the right answers, you may need your own lawyer.
  10. Breeze3at

    Breeze3at Well-Known Member

    This is not a time to be the "nice guy". Without going into all of the details, I made a legal right turn with hand and light signals. My "buddy" ran into the back of me and we both went down. He broke his knee. Everyone knows that the guy that runs into the back of someone is at fault, and often gets charged/ticketed. To keep him from getting charged, I said I could have been a factor by slowing quickly. He apologized for hitting me and said he would make up what insurance didn't cover on my bike. Two weeks later,(after he stopped taking my calls and offers for help around the house). I got a registered letter from his lawyer informing me I was being sued for negligence. Because it was on record that I said I could have been at fault, my insurance company caved in and paid out the maximum of my policy to him. I hired an attorney that said I had nothing to worry about, AFTER I paid a sizeable retainer to him.
    Hire a lawyer just because you need the protection.

    Yea, I know, NEVER admit fault in an accident. It's even printed on the little wallet card from your ins. co., but he was my "BUDDY".:wal

    P.S. Dr. Doolittle is right, an intitial consultation should not cost much. Mine did, because I was already served papers. He probably split it with the other lawyer. :naughty