Blame the Victim

[scandium]

A bit of a mini-rant here after an (ongoing) experience I've just had, and because its still ongoing I'm going to be intentionally vague about some details:

Last weekend while crossing the street (walking across) after midnight, I was hit by an SUV on the 4 lane highway I had to cross on my way home. There was almost no traffic, it was a clear night, I thought the street was clear and had not, at any point, seen (or even heard) the SUV that hit me - my only warning was the impact itself.

Anyway, while I was lying in the street a witness called 9/11 and the police were the first to arrive. I was concious and could hear what was being said to me and around me. I was asked, at least once, while lying on the road curled into a fetal poston and trying to catch my breath (I thought, among other things, that my ribs had been broken) if I had been drinking or had taken any street drugs (no on both counts).

Later, in the ER, while still attached to heart/blood pressure monitoring equipment and hooked up to a respirator, while lying flat on my back and in a neck brace, and after the ultrasound of my internal organs but before the CT scans and X-rays, I'm visited by another police officer. He again asks, (while I can still only barely speak) if I'd had anything to drink or taken any drugs, and then mentions before departing that he'd popped in to let the driver, who he said was "very shaken up about the whole thing", know that I was "ok".

Then several days later, after being discharged from the hospital, I'm visited by an insurance adjuster from the driver's insurance company. He shows me some pics of the damage to the SUV, mentions the dollar figure of the assessment that the damage my body had inflicted upon it, takes a statement from me and on his way out the subject of "liability" comes up, and he makes a point of mentioning that I had not crossed at the crosswalk that is much further up the street (and in my opinion more dangerous to cross at night because of the speed people drive at and the limited visibility there to both driver and pedestrian) and asks me if the police had ticketed me for jaywalking.

I should add that I'd crossed three of the 4 lanes I needed to cross to get to the sidewalk on the other side before being hit in the 4th lane by the driver who never saw me, and who then stopped and used their cell phone to call a friend/family member but not 9/11 (that was done later and by somebody else). And somehow, at every point along the way, this has been portrayed - from my perception- as my fault.

I should mention that, at any rate, I was extremely lucky. While there's quite a bit of tissue/tendon/ligament damage (and cuts, scrapes, and bruises and swelling like you wouldn't believe) nothing was broken and no internal organs were damaged. But at the same time I can't keep from feeling very bitter about the whole thing.

[Kapitan]

Should take it to court you shouldnt be liable and if something like that had happend to me id find the guy and me and a few brothers would make absolutly sure he didnt have a car to drive the next day.

[Fish]

Glad you are ok afterall Scandium. In my country the driver should be accused. Walkers and bikers are very well protected by law.

[Takeda Shingen]

I have never struck a pedestrian, nor have I ever been struck, but I would like to think that I would get out of the vehicle and check on the victim. I am not clear on the law according to this matter, as it varies from locality to locality. None-the-less, I am glad to hear that you are still among the living. Is there anything in the way of permanent damage?

I'm glad you are well after what was certainly a harrowing and painful experience.

If you don't mind, lets explore your experience further. Did you sign any admission of liability with the insurance company? I hope, and knowing you, you didn't. I suspect the insurance reps mission was to scare you away from filing a claim. I would suggest you obtain a copy of the police report regarding your incident. The insurance company certainly will obtain a copy. Was the fellow who hit you given a sobriety test? What was his/her status? The insurance company is trying asses its liability. If you were both inibreated its a 50/50 split. You get the idea from the ins. company's position.

As far as the police questions regarding your sobriety, you are assumed to be less than sober, when the police contact you after midnight layng in the road having crossed in an area not specifically designated as a pedestrian crosswalk. Not to mention being struck by a vehicle on a clear night where headlights would be seen easily.

Your situation is unfortunate but............next time use the cross walk where operators of motor vehicles can expect to find pedestrians, and the crossing is controlled by light signals.

You are a vey lucky soul. Most folks die in these encounters. You must have something to do in your life.

P.S. You may not remember seeing the lights. A number of years ago I was involved in an auto accident which put me in hospital for six days, emergency surgery and all that. I could only remember bits of the incident. I enquired with the medical folks and the informed me that it was quite common for amnesia (ie your brain protecting you from traumatic experiences) to occur.

[STEED]

Scandium, if you was hit here in the U.K. the driver would had pressed charges of you damaging his car and won the court case.

Glad to here your OK.

[Kapitan]

That sounds about right steed seeing as burglers here sue thier victims if they injur themselves on the victims property.

If that had happend to me scandium id make absolutly sure he couldnt drive that car again you would be amazed what brake fluid and a sledge hammer can do !

But the main thing is you are ok but even so not your fault.

[SUBMAN1]

This one is a bit of a sticky situation. Not crossing in a crosswalk means you were commiting jaywalking. The problem with this is, it gives the driver a defence, and the insurance company an out. Sorry to hear about this, but you may be on equal footing in trying to press for damages, and the insurance company knows this.

The good news is, the insurance company would rather settle out of court than risk losing bigger in court, so you better analyze what they have to offer and take some sort of agreement.

Just my 2 cents.

-S

PS. THis is why he asked you about a jaywalking ticket because this makes it slam dunk case for him. WIthout the ticket, his job got a little harder.

[August]

Originally Posted by Kapitan

If that had happend to me scandium id make absolutly sure he couldnt drive that car again you would be amazed what brake fluid and a sledge hammer can do !

You're quite the thug Kapitan. Someday that attitudes gonna get you in real trouble.

[joea]

Wow Scandium I'm really glad you're ok! Be glad you don't have to put up with European, especially French drivers (we get a lot who work in Geneva) like I do.

[Kapitan]

Its more you sh*t on me il sh*t on you if he is in the wrong and he knows it then he will pay one way or another, using of force is last resort but if some guy did do that to me then yeah why the heck not why should he sit pretty laughing whilst im sitting there crippled?

Would you sit there and let it happen i dont think so he ruined my life so id ruin his the way i see it.

But i cant see how scandium there is in the wrong i realy cant, so what if he didnt use a crossing he was 3/4 the way accross the road the driver should have slowed down or something.

[Dan D]

Inform the surveillance for the insurance industry about the incident (you got a visit "omlette surprise" by a freak from the opponent's insurance company at you private place, who did not contact you before to ask for a permission to visit you), and to enforce you claims, contact a lawyer immediately.
Don't even try a claims settlement with the insurance company on your own, you will just waste your time. The visit of that freak probably gave you an idea with whom you are dealing with. So be warned from now on.
Your lawyer won't be happy that you have been talking to the other side already. That sure does not make things easier. The other side will nail you on what you once said if things get tough.
If I get you right, you crossed a 4 lane street in the dark and you did not use the pedestrian's crossing? I would not be surprised, if the claims settlement would come out as, let's say like a 20:80 quote to your disadvantage. Depends on what your traffic law says. You have a liability insurance? A 20:80 quote for example means, that you have to pay 80 % of the damage on the car and the driver pays 20% of your loss, like your compensation for pain and suffering will be reduced to 20 % of the total sum.
I wish you a speedy recovery.

[August]

Originally Posted by Kapitan

Its more you sh*t on me il sh*t on you if he is in the wrong and he knows it then he will pay one way or another, using of force is last resort but if some guy did do that to me then yeah why the heck not why should he sit pretty laughing whilst im sitting there crippled?

Would you sit there and let it happen i dont think so he ruined my life so id ruin his the way i see it.

But i cant see how scandium there is in the wrong i realy cant, so what if he didnt use a crossing he was 3/4 the way accross the road the driver should have slowed down or something.

I didn't say Scandium was wrong, and where did you get the idea the driver considered this a laughing matter? From what i read the cops said the guy was really shaken up about the whole thing.

We only have a few details told by only one side in this incident, which may i remind you happened late at night. Are you so sure of the drivers ill intent that you would commit a crime to avenge it?

[Kapitan]

hold on august one part of that post was adressed to you the other was not youve done the whole thing which reminds me next time remind me to put a line in it so we know.

This isnt a laughing matter no! late at night scandium i cant see being in the wrong but yes theres always 2 sides to one story, however how comes the driver didnt see him? what was he doing ? using a mobile phone? head lights dipped? a whole range of things.

And why would he send an insurance man round so soon? got something to hide? wants to nail scandium before scandium can nail him?

[Yahoshua]

I was wondering where you'd been Scandium.

Cryin ass shame about the incident, but it's a good thing you're still around.

Take care of yourself (you did look both ways before crossing right?).