Woman injured by motorcar right-of-way violation.

Date of Incident: Wed. April 21, 1999
Received: Tuesday, June 8, 1999 at 22:05:57

I just wanted to submit a report so that there would be a record of it
elsewhere (besides with the police department and the insurance
company).  I know, I KNOW --I should have called the police at the
time of the accident but it's difficult to take full control of the
situation when you've just been hit by a car going 15-20 mph. Also,
the guy who hit me was unhelpful in this situation and I had to prompt
him on conduct.  For your booklet re: an accident situation: Always,
always try and get a witness, take down their full name, phone number
and home address (if they'll give it to you) Always call the police at
the time of the accident (what I learned) Always get as much
information from the motorist as humanly possible and, if they are
unwilling to give up any information, get their license plate # &
state, make, model, color and any specifics on the car (the police
will want this info) Record time and date of accident and weather
conditions

Regarding my accident, I can assert with full confidence that it was
the motorist's fault: an unsignalled left turn on a green light on a
two-way street NEVER has the right-of-way. I found out from his
insurance company that he seems to think that he did have the
right-of-way. This dispute may need some professional legal
supervision. My question to the BCLU --do you know of any attorneys
who are bike friendly?

Thanks in advance,
Wendy 




DESCRIPTION OF INCIDENT: (summary) PM Wed. April 21, 1999 Motorist
made an unsignalled left turn against my right-of-way at the
intersection of 11th and Mission St. in SF.

Were you the victim? yes
Were you a witness?

Time of day: 5:25
AM or PM? PM
Weather conditions: Very windy--north-south gusts, sunny
Raining? no
Dark, dusk/dawn, or light out? light
Location(s) of incident: 11th St. -AT- Mission, SF
Street address: 
City: San Francisco
Country: USA

Individuals involved: motorist, me

PLEASE DESCRIBE WHAT HAPPENED FOLLOWING THE INCIDENT:

Complaint filed? I filed a claim with motorist's insurance company
With whom? Travelers Casualty and Property
Against whom? (withheld)

What was the result? pending, insurance company was unable to contact
witness and has hired an independent adjuster to research the location
of incident.

Did any injuries heal? Yes
How long until they healed? about 5 weeks

Were there permanent injuries or fatality? no

Was there legal action on behalf of the victim? not yet

What was the result?


FULL DESCRIPTION OF WHAT HAPPENED AFTER THE INCIDENT IN YOUR OWN
WORDS: I called motorist's insurance company the day following the
incident and gave them all the relevant information. The claims
adjuster who was assigned to the claim contacted me to record my
statement; following that she sent medical release forms for me to
sign. I did not sign them but instead gave my permission to St. Mary's
to release ONLY my medical records from April 21, 1999 to the
insurance company. I made a follow up call to the insurance company
today to check status on the claim and was told that motorist "seems
to believe he had the right-of-way" (adjuster's words). Presumably
claim will be pending until the results from the independent adjuster
come in.

Witness names: (withheld)
Officer names: (police report filed)

Was anyone arrested or ticketed? no
Who?
Were they taken into custody?
What was the charge?
Infraction, Misdemeaner, or Felony?

Identity of aggressor/attacker/perpetrator of abuse: m, caucasian,
mid-income/30's
License plate number(s): (withheld)
Badge number(s):

Was anyone injured? Yes

Who? me

Hospitalized? no

What were their injuries? bruised left hip, unconfirmed but possible
fractured rib, left side

How did their injuries occur? I slammed the left side of my body into
the forward right side of motorist's car.

FULL DESCRIPTION OF WHAT HAPPENED IN YOUR OWN WORDS: I was cycling
east (towards the Bay) on 11th St., staying closer to the outside
(right) of lane center; I entered intersection of 11th St. and
Mission, motorist was heading west on 11th St. and made an unsignalled
left turn abruptly in front of me. I swerved towards the right to
avoid colliding with him but he was too close and I slammed into his
car with the left side of my bike/body. I snapped back to the right
and fell off my bike on to the pavement. Motorist pulled off to the
side, stopped, got out and asked me if I was OK, I answered, "I don't
know." He said, "I didn't see you at all." I told him, "You know that
I had the right-of-way," he replied, "I guess so," I said, "No, I had
a green light and you swerved a left turn directly in front of me." He
wasn't carrying any insurance information with him so I wrote down his
license plate number, got his phone number, and got the name and phone
number of a witness. I gave him my name, and both home and work phone
numbers. He drove forward a little, parked, and went into the Goodwill
store at Mission and S. Van Ness. I contacted my housemate who gave me
a ride to St. Mary's Hospital where I was X-rayed for possible spleen
damage--negative--and released with instructions to care for a
possible rib fracture.