The Chainlink

Got Hit By A Car On Halsted And Adams

On thursday May 2nd, I got struck by a car going westbound into adams same direction I was turning into. I wasnt hurt that bad and neither was the bike (although I've never been hit by a car in my life). The witnesses insisted I make a report which I did and it took forever and got my license taken from me and got a ticket and have to go to court now. Was it worth making a report? She actually stopped and gave me her insurance info. She told me If I didn't make the report, she would have wrote me a check. I've never been in a minor accident like this, so was It worth the police report?

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Permalink Reply by Zoetrope on May 5, 2013 at 6:33pm

You should really never speak to the police in situations like these, no matter who was at fault. You don't have to say anything to them (and rarely if ever is it in your best interest to do so), and if you are required to utter something say the bare minimum and get a lawyer on the phone. If you don't have a lawyer then pretend to talk to one on the phone. Or call the ATA crash hotline. Hell, call a friend, a relative, anyone if that will give you some confidence. If the cops are being a-holes just remove yourself from the situation and you can always file a report later that day or the next. Try to keep as calm as possible and just document everything you can via a cell phone etc. and get out of there.

If you are the one who called 911/311 and have reported what happened to an operator, as well as waited for a cruiser to show up, that is on file and you don't need to do anything more if you are not getting any help, or are clearly being jerked around.   



Permalink Reply by h' Zerocats on May 5, 2013 at 7:03pm

Call the crash support hotline tomorrow. I'm not questioning the veracity of Cameron's advice, but we're well on track here to leave you more confused by way of conflicting and inaccurate information.

Michael Perez said:

So contesting it is my best option right? Well as long as me and the driver agree to dismiss this case, it would be all over with no?

Cameron 7.5 mi said:

Your license was taken to make sure that you show up in court. With traffic violations, your license is taken instead of cash bail. I'm not really clear about the facts of the case, but if the citation was writen incorrectly because the officer didn't understand the law (a lot of cops don't) then there is a good chance that it will be dismissed in court. Even more likely, the cop and the driver won't show up in court and the case will be dismissed due to the lack of prosecution witness.



Michael Perez said:

You are right, I'm going to contest that ticket. That cop was aching to give me something and I still don't understand why my drivers license was even taken for.

We both got cited. I got cited for failure to yield which I slowed down at green light to turn. She got cited for expired drivers license and plates.

That cop was honestly a terrible cop for even giving me a ticket for something I didn't do.

Definetly will contest it.

Permalink Reply by h' Zerocats on May 5, 2013 at 7:08pm

The "don't talk to police" thing is interesting food for thought and discussion, but in most real life situations it's going to leave you much worse off than you would be if you just did your best to be friendly and respectful to the cop.  It doesn't seem like a responsible thing to recommend to poor Michael here, who has made it pretty clear that he doesn't have a lawyer on speed dial.

Zoetrope said:

You should really never speak to the police in situations like these, no matter who was at fault. You don't have to say anything to them (and rarely if ever is it in your best interest to do so), and if you are required to utter something say the bare minimum and get a lawyer on the phone. If you don't have a lawyer then pretend to talk to one on the phone. Or call the ATA crash hotline. Hell, call a friend, a relative, anyone if that will give you some confidence. If the cops are being a-holes just remove yourself from the situation and you can always file a report later that day or the next. Try to keep as calm as possible and just document everything you can via a cell phone etc. and get out of there.

If you are the one who called 911/311 and have reported what happened to an operator, as well as waited for a cruiser to show up, that is on file and you don't need to do anything more if you are not getting any help, or are clearly being jerked around.   



Permalink Reply by Zoetrope on May 5, 2013 at 7:08pm
Permalink Reply by h' Zerocats on May 5, 2013 at 7:11pm

Permalink Reply by h' Zerocats on May 6, 2013 at 8:32am

Was supposed to signify "thread derailment in progress" but I didn't have the patience to find a better image...

Michael Perez said:

Trainwreck? lol

h' 1.0 said:

Permalink Reply by Julie Aberman (Hochstadter) on May 6, 2013 at 9:31am

Here is a good lesson - if you see a cyclists after a crash go over and offer the crash support hotline number (or card if you have one).  

I've helped collect witness information and taken in bikes (if it is a serious crash).  Just did that last week with a bad one I saw on the path.  Took the bike to the closet bike shop and texted the crash victim where his bike was.  He was ubberly appreciative. 

Permalink Reply by dan brown on May 6, 2013 at 10:02am

I would like to add a +1 to Cameron's advice on the three possible outcomes.

 

Another tip - go to court : arrive early. Locate the state's attorney beforehand (this is the individual representing the state) and explain your situation before you decide to enter a plea guilty or not guilty

(your only two choices). sometimes they will already know if the cop will be there (now days cops are

required to show up) or the other party has checked in, etc.  Even though they do not represent you; they just want things to be resolved quickly and keep the case caseload moving quickly and smoothly.

IMO they are so tired of dealing with thugs and habitual lawbreakers when they encounter a responsible,rational person who wants to cooperate and do the right thing they can be pretty helpful.

Also - if your case is thrown out (dismissed) you are not fined anything and nothing goes on your record; but you will probably still be required to pay court costs. Often you can offer to perform community service in lieu of the costs; it requires taking a day off work (if you work a day job M-F) but can save you money if your budget is tight. I have done it and it's kind of fun. It's not hard work; you just have to be on time and do what is asked (in my case we swept viaducts for 4-5 hours). good luck.

 

just my $.02

Permalink Reply by WillG on May 6, 2013 at 10:04am
Permalink Reply by Active Transportation Alliance on May 6, 2013 at 10:49am

Thanks, Howard and others for recommending a call to our Crash Support hotline...it's free and we have lots of resources and referrals we can offer.

Michael, so sorry to hear about this...please do call us if you haven't, our volunteers are trained and ready to help. 312.869.4357.

Thanks much,

Ethan Spotts, Active Trans

Permalink Reply by Tony Adams on May 6, 2013 at 11:05am

This thread made me realize that I should add this phone number to my phone's contact list. Thanks Ethan!

Active Transportation Alliance said:

Thanks, Howard and others for recommending a call to our Crash Support hotline...it's free and we have lots of resources and referrals we can offer.

Michael, so sorry to hear about this...please do call us if you haven't, our volunteers are trained and ready to help. 312.869.4357.

Thanks much,

Ethan Spotts, Active Trans

Permalink Reply by Active Transportation Alliance on May 6, 2013 at 12:58pm

Great! It's hard to think through everything right after a crash (even a couple of days later) and we hope we can help out. I know we have attorney referrals available and info on what reports to file and how to deal with insurance questions/issues. We also recommend getting any medical treatment you need.

Best of luck working through this, Michael.

Ethan, Active Trans

PS: you are welcome, Tony! That's an excellent idea for all of us, for sure.

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