From: chuang@micro (Michael Chuang)
Newsgroups: rec.bicycles
Subject: Re: Trial set for driver who hit bicyclist
Date: 29 Jul 92 20:29:51 GMT

On the subject of documenting what happened at the scene of an
accident, praetzel@marconi.waterloo.edu (Eric Praetzel) writes:

>   So make sure that if you are in a crash that you lay on the pavement and
> stay there until the ambulance comes.  Make sure that a friend ensures that
> charges are pressed within the day or the next at the latest.  Preferably
> they can have a camera and get pictures of the accident scene (these will
> not be admissable in court unless they are taken after the accident with the
> scene untouched).

It might even be a good idea to have a camera with you when riding.
Even if one is so unlucky as to not get into an accident, the camera
can be used for snapshots.  Both Fuji and Kodak make "single-use"
cameras for under ten dollars, and for less than $15 one can buy such
a camera with flash.  Persons who want a fancier camera might consider
cameras such as the Olympus Stylus, the Konica Big Mini or the
Yashica T4.  All of these models sell for less than $150 and are about 
the size of the box in which a 700x25c tube comes.

As has been noted previously, if you happen to be in an accident, don't
be too quick to say things like, "Oh, I'm fine," or "Gee, I'm sorry, it
was all my fault!" you might regret that later.  Save the courtesy for
after things have been settled.

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So far as the incident that spawned this thread goes, Duane Wray is
a walking argument for retroactive birth control, preferably by cranial
injection of lead.  The incident was not an accident.  Striking and
maiming the cyclist may have been unintended, but deliberately switching
off one's headlights while driving at night is idiocy.  (According to
the American Heritage dictionary, an accident is merely an unintended
occurance, but in this semi-legal context in which blame must be
determined, accident to me implies "free of responsibility."  This is
clearly not the case in this instance.)  "I didn't mean to," is not
an adequate defense.  Suppose I randomly fired shotgun blasts into
the wooded section of a local park and happened to kill someone "accidentally."
Is everything okay because I didn't plan on killing anyone ?  Going back
to the scene of the crime (sic) and later bragging about bits of "Spandex
and meat" on his bumper and enjoining witnesses to keep silent robs
Wray even of the "Gosh, I didn't know and I'm sorry" excuse.
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I was "lucky" when T-boned by a Mustang.  Her insurance company gave
me the hospital bill and bike repair money without question, and the
agent called several times to ask if I wanted compensation for time
lost at work.  They scented the potential for a big lawsuit, I think.
Half of the cops in the town where it happened are avid cyclists, and
when I dropped by the station to fill out an accident :) form, the desk
sergeant advised me to sue the young woman who hit me.  Since the
insurance company played fair, I saw no need to generate still more
litigation.  Didn't take the work compensation money either.  Silly me.

BTW, the sergeant's story.  He and another cop were riding along
when a woman abruptly pulled out in front of them.  The friend got
around the hood but the sergeant ran into it.  Trashed his bike "a
brand new Bianchi, too!" and caused him to bite through his own
lower lip.  The woman was indignant, though she quickly changed her
tune.  I can picture the interchange.
"You bicyclists are all alike, you irresponsible %$#@!&'s !  I'm
calling the police."
"Lady, we *are* the police.  Let's see your license."
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Not a lawyer.  Not a violin either, but I sometimes play one at home.

chuang@micro.ll.mit.edu