Replies to This Discussion

Permalink Reply by Gene Tenner on September 28, 2012 at 1:22pm

"Someone from the court" could have been someone from the motorist's side. Contact your insurance company - they have a vested interest in this case - and ask them what to do: lawyer, back to the other court, etc. I am not an attorney - although I play one on TV - but it sounds like someone was trying to take advantage of you. If it was no big deal, why did the motorist pay for an attorney to show up in court? There are lawyers that specialize in bike cases, like the one advertising on the right hand side of this page. Go get 'em, Tiffany.

Permalink Reply by Leah Jone on September 28, 2012 at 1:48pm

I would get an attorney. They take these cases on contingency - meaning they get paid when you win and it comes from the settlement. I found the 30% I paid my attorney well worth having him and his amazing staff handle the hassle of insurance companies.

If it involved court, there is NO CHANCE I would go in without an attorney who specializes in bicycle crashes. Call the Active Trans Crash Hotline for referrals.

Permalink Reply by Michael A on September 28, 2012 at 1:57pm

we also have two lawyers who advertise here on the c-link, I have met Brendan Kevenides and I can tell you he will be glad to advise you of your options.

Permalink Reply by Brendan Kevenides on October 1, 2012 at 3:24am

Yep, I'd be happy to talk to you any time Tiffany.  312.803.0128.

Michael A said:

we also have two lawyers who advertise here on the c-link, I have met Brendan Kevenides and I can tell you he will be glad to advise you of your options.

Permalink Reply by Doug Haynes on October 1, 2012 at 5:03am

Call an attorney; never go to court without one even for what seems like a simple matter.  Not only others, but the system itself, will trample your rights otherwise.

Permalink Reply by Cheryl on October 1, 2012 at 5:05am

Most importantly, do not skip a court date unless and until you have a lawyer representing you. You may risk having your case dismissed if you do not show up. Someone was either uninformed or trying to mislead you.

Permalink Reply by Anne Alt on October 1, 2012 at 5:20am

+1

Cheryl said:

Most importantly, do not skip a court date unless and until you have a lawyer representing you. You may risk having your case dismissed if you do not show up. Someone was either uninformed or trying to mislead you.

Permalink Reply by Davo on October 1, 2012 at 6:00am

So this motorist cant afford insurance but can afford to lawyer up. Seems like a class act.

Permalink Reply by dan brown on October 1, 2012 at 6:47am

+1. smells fishy to me.

 

and the part about : "Someone from the court spoke to me after this, took my info, and said I am not going to the next court date. When I asked if that is going to hurt me in anyway, she said "No, the judge saw you here today, and knows you are interested in this case.""

 

seems EXTREMELY suspiscious.

 

I would follow all the above advice and keep us posted, thanks

Davo said:

So this motorist cant afford insurance but can afford to lawyer up. Seems like a class act.

Permalink Reply by Crazy David 84 Furlongs on October 2, 2012 at 4:39am

It depends on the Court.   I assume that this was "criminal" Court for charges against the motorist.  In such case, the States Attorney would talk to our victim as a potential witness.   And if the next Court date is a status call, the witness would not be needed.  One approach which is often used by (less than forthright) Defense Lawyers is to try to continue the case three or four times in order to frustrate the witnesses so that they quit taking time off to come down to the Court to be witnesses and then the case gets dismissed.  As for him not having insurance, but having a lawyer, that's not that uncommon.  The insurance is for civil liability... and if he is judgment proof (ie broke with no assets) he may well not have insurance.  On the other hand, if the driver is facing criminal charges, he will either hire a lawyer, or under certain circumstances, have one appointed.

Remember, YOU do not recover in a criminal case.    That's the civil case and that's where you need to talk to a good bicycle lawyer.    And some of them will take the case on a contingent fee basis.   And just about all of them will give you a free consultation to discuss whether the case is worth pursuing.

Permalink Reply by Crazy David 84 Furlongs on October 2, 2012 at 4:43am

Its not, per se, fishy.  It depends on who talked to our victim.  If it was a States Attorney, someone who has the incentive to see the driver punished, appearance at the next court date is not required because no trial is contemplated.   The Judge does note the appearance of the witnesses because, if a witness shows up several times and the Defendant gets continuance after continuance and then the witness does not show up and the Defendant is "magically" ready for trial that day, the Judge will often still continue the case.  If the witness does not show up from the onset, the Judge is far more likely to simply throw the case out.  

If it was the attorney for the Defendant, that's a major no-no, and I would strongly suspect that this is not the case.   

Permalink Reply by Tiffany Impson on October 3, 2012 at 8:17am

Thanks for all of the feedback! Brendan has been a great resource - nice to finally know that there are lawyers out there that get the cycling community.