Thursday, December 21, 2006
Now the Toe-overlap is a Problem
I finally got my bike back from police custody yesterday, two weeks after my accident. The front fork is bent backwards, and the top and down tubes are buckled just behind the head lugs.
The woman driver of the SUV I hit went to court yesterday, charged with ‘failure to yield.’ Her defense was, she didn’t see me; she stated “I had no idea what had hit me.” I told my side of the story and the judge dismissed the case because it was just my word against hers, and he couldn’t convict beyond a reasonable doubt. There were witnesses but they only saw the impact they did didn’t see from which direction I came from.
There seemed to be some confusion as to whether I traveled straight down Savannah Hwy. (Which I did.) or if I had just turned onto Savannah Hwy, at a light some 150 feet from the point of impact. To me this is irrelevant because either way I was traveling south and had the right of way, and she pulled in front of me. The proof is the fact that I hit her.
To say “I didn’t see him” as a defense is like saying “I didn’t see him standing there when I fired the gun in that direction.”
The judge seemed to be full of the Christmas Spirit, dismissing almost every case that came before him where the defendant pleaded not guilty, and those who pleaded guilty had their fines halved.
Anyway we move on. I have put the case in the hands of cycling attorney Gary Brustin. Those of you who have not heard of Gary, he limits his practice to cycling accidents only. He is an avid cyclist himself, and owns a Fuso and a custom ‘dave moulton.’
My recovery is slow; after 17 days my right hand is still bruised and looks like this.
I have no strength in that hand and can barely hold a cup of coffee with it. I still have double vision, so I cannot drive a car. I spoke with my daughter who lives in England and is a nurse; she told me the inside of my head is probably just a badly bruised as my hand.
She is probably right, and my recovery is just going to take a little longer than I had originally hoped. I will be getting plenty of rest over the Holidays and will not be doing anything too strenuous.
Posted by Dave Moulton at 12/21/2006 05:46:00 AM