I'll bet you would drive better with that cell phone up your ass.

OP, what State do you live in? I’ll bet some of our member lawyers can make a rec for a colleague.

That really is too bad. Hey, that reminded me of something Jim said yesterday - there’s a holistic medicine-type conference in town this weekend, and he said, “You know, you could do a lot of good there with a machine gun.” :smiley:
Anyway. Glad you’re here to post another day.

I’ve been saying that for years now - cellphone driving will only stop when the cellphones stop working when the ignition is turned on. We have distracted driving laws here, too, and they aren’t even close to being enforced. We see it every time we drive, just like everyone else - someone driving dangerously erratically is always, always blabbing on a cellphone.

Glad to hear you’re okay! Bitches driving with cell phones are the worst kinds of bitches.

I hope you’re not still questioning whether or not to sue her ladyballs off. You *need *to, in order to teach her ass a lesson. Call the lawyer back and let him take your case, unless you find a better one through your own research or personal connections. They’ll usually take ~30% of the final injury settlement. If she’s married to someone who can afford a fancy new smartphone, then they probably have decent liability limits. If they don’t, then they still probably have money or assets that your lawyer can garnish if the final settlement exceeds their policy limits.

You actually have two claims, one for the damage to your bike/paint job/damaged safety equipment, and one for your injuries. Take pictures of your blueness and any cuts or road rash as applicable, *especially *if you have any marks on your face. Make a note for the attorney that a doctor prescribed you a narcotic painkiller–it doesn’t matter whether or not you actually take it. The fact that a doctor decided your injuries were bad enough to warrant the prescription will show that you aren’t just trying to turn this accident into a payday.

DO NOT sign any kind of release from future claims. Their company will probably try to get you to sign off as part of the settlement. DO NOT DO IT. You do not have to sign a release of future claims to get a settlement from their company! They’ll close out your claim after the settlement is made, but they won’t be able to flat-out deny you in the future if you end up with chronic back pain 6 months from now.

If I may play devil’s advocate: I am wondering, if you saw her coming in advance of the impact (which is how it sounds in your narrative), why didn’t you move completely out of her way? If this goes to court (or more likely, to arbitration), her insurance company is going to ask you this. Why didn’t you take more evasive maneuvers? Did you only have time to move partly out of the way? You have a motorcycle, why didn’t you just move up between two cars and avoid getting hit entirely? So, be prepared.

Also, if you end up getting a settlement, you will have to repay your health insurance company whatever they paid out (if you have health insurance and used it at the clinic).

Reminds me of this particularly memorable commercial.

It seemed pretty clear to me from the OP that flatlined was stopped behind another vehicle next to the yellow line. She had oncoming traffic on her left and moving traffic in the lane on her right. So she had nowhere to “evasive maneuver” to.

flatlined DID get as far over to the left on the yellow line as she could without moving into oncoming traffic (which is why Stupid Bint on Cellphone “only” clipped her before ramming the vehicle in front, instead of smearing her all over the road). It was not possible for flatlined to “move completely out of her way”.

That did make me laugh.

And Flatlined, you’d better get back into shape quickly. All those kitties you look after will head for the hills if you can’t chase them.

I’m going to be the dissenting voice - not all idiot drivers are on cell phones. I will grant you a huge majority but we had moron drivers before carphones and they still exist they’re just hidden in the new forest of cell phone morons.

I’m glad you’re okay Flatlined and I will join the chorus of “call the lawyer” Look at it as a public service. If you get everything you’re entitled to from this self centered wench it’s possible her husband will take away her car and/or phone and you’ll have saved a life. It’s worth a try and having your bills covered is an excellent side benefit.

Drivers here in Toronto scare me so much around motorcycles that I have a habit of getting behind cyclists any time I can. I figure I know that I see them and I’d rather me be there than watching someone else wipe them all over the road. Weaving all over the place dudes are unfortunately on their own though, I can’t keep up.

Didn’t realize it happened in Saudi Arabia.

Her only concern after the accident was how angry her husband would be about the broken cell phone - I was exaggerating a little based on that.

But remember to put into the contract that the lawyers only get 30% of whatever you get on top of the current offer.

Glad you’re okay, flatlined. But seriously, what the fuck is wrong with people? Am I the only one on the planet that can talk on a cellphone safely while smoking a cig, eating a cheeseburger, shifting a manual and getting a blowjob? Jesus, some people just can’t multi-task!

flatlined, I’m so sorry to hear about the accident. I’m very, very glad that you’re ok. And call a lawyer. Now.

flatlined, add me to the chorus of those that are glad that you are OK.

I was in the middle of reading this thread when I went outside for a bit. I witnessed a motorcycle accident. (I don’t think it was anyone’s fault. The guy really did just fall over.)

Another person chiming in on the “sue her for so much that she can’t afford an SUV or phone” bandwagon. And another person disappointed that you can’t shoot people for being stupid. :frowning: There go my plans.

My city has recently begun cramming bicycle lanes onto public roads without doing any work to widen the roads themselves. They’re just narrowing the car lanes, and the bike lanes haphazardly start and stop as medians, intersections, and turn lanes are encountered. Poor bike lane design combined with the increasingly bad driving I see from cell phone users (texts, push notifications, and social media apps all exacerbate the problem; now someone’s not just blabbing on a phone, but they’re routinely taking their eyes off the road to read or type) make me afraid that sometime I’m going to see a bicyclist taken out right in front of my eyes. Even a clipping that could be mild for a motorcyclist in riding leather could seriously injure or kill someone on a bicycle.

Ahh, okay. In that case, she certainly did take all possible evasive maneuvers and the case went from “cinch” to “motherfuckin’ airtight.”

I read the whole OP (honestly!), but I didn’t absorb that bit. When I put together the accident in my head, it played out with stopped traffic in the lane to flatlined’s right. That’s why accident diagrams are so helpful to the, uh, spatially-challenged. :smack:

What, you don’t drink coffee? Weirdo.

I had to check your location to see if you’re in Calgary - they’re doing the same thing here. Isn’t it great that they’re doing all this for the cyclists who can’t seem to obey any of the rules of the road? But that’s really okay, because they’re all on the sidewalks anyway.

I think I may have gone a little off-topic there. Cellphone drivers, bad! :slight_smile:

It took me a while to finally read this thread, but I’m glad you’re alright flatlined.

Look up arnica for your bruises, it will help dissipate the blood much faster. They make arnica creams, but I just buy arnica flower heads and make compresses. You can buy them by the pound at http://www.herbalcom.com/ or a bunch of other places on line.

I’m joining in on the sue the crap out of the driver as a public service. (as to the don’t sign any documents, be careful of any checks, an insurance company once sent me a check with a letter that said cashing the check was a sign off on all responsibility. I called the insurance company to let them know that I was giving their check and letter to an attorney to look at… they suddenly decided that they could cover all the costs that their client had caused)

I’ll become an investor in the “shove the cell phone so far up your ass that you need to dial with your tongue” business. I’m also willing to put together a business plan that we can take the the SBA.

Seconded.

Did she have a GOP bumper sticker? :slight_smile:

As a pedestrian in NYC I’ve decided the very worst drivers aren’t UPS delivery guys, or even bicycle messengers, they are New Jersey housewives in SUVs talking or, worse, texting on the phone. Two of them have almost killed me.

Phone usuage sans hands free, is now illegal in NYS, but the Jersey girls haven’t learned that yet.

I ride too, and I can identify with people on cell phones not stopping. It’s a whole lot more deadly when you’re on a bike. I will turn or pull over rather than let them hang out behind me.