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  1. #1
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    I was run over by a truck Monday-- What's the law in Alaska?

    I was biking down the "sidewalk" on Parks Hwy in front of Key Bank when it happened. The lady in the truck was stopped waiting to get out onto Parks. The "sidewalk" in front of her truck was open, she looked my way, I thought we had eye contact so I continued; as soon as I got in front of her she gave it the gas. I don't remember hitting the ground I just remember holding onto the bumper trying to not go under. She ran over my foot, I have road rash on my face, neck is sore, and bike is a total loss.

    I was taken by ambulance to the hospital. Two days later I'm sore but fine.

    The officer said that unless there is a "painted crosswalk" they don't cite people for hitting bikes... what? He also said that because out here in the valley our sidewalks are not as clearly defined as those in Anchorage he's not sure what he could cite her for. I was pretty shocked by this.

    I think it's open season on bikers in the valley. What is the law when we are crossing the sidewalk in front of cars? How is a "sidewalk" difined? How do I go about getting my medical and bike paid for?

  2. #2
    EDR
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    That's just CRAZY!

    Consider civil action. I mean at the very minimum hospital and medical bills should sued for. I'd bet an accident attorney will easily take this case with no money down if he can make a buck.

    Medical bills add up quick, don't let her off scott free. I have no idea what your bills will come to and no idea of your financial situation but there is absolutely no reason to go into debt ON TOP OF being run over by her. At least go talk to a lawyer so you can be better informed of your options.

  3. #3
    Fat!Drunk!Slow!
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    Dood, so sorry to hear this happen to a fellow bro. What speeds where you traveling when you crossed in front of the truck? If you were a ped walking, I bet the cops would have no problem citing the driver...as for the laws in the Valley, I have no idea.

    I had a chance to bike through Wasilla during the Backcountry Epic this summer and I took your same path and it was no fun at all. Wasilla has very poor choices when it comes to biking/walking from end to end. I do like the bike path on either side, but in the middle, its scary!

  4. #4
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    Quote Originally Posted by eatdrinkride View Post
    That's just CRAZY!

    Consider civil action. I mean at the very minimum hospital and medical bills should sued for. I'd bet an accident attorney will easily take this case with no money down if he can make a buck.

    Medical bills add up quick, don't let her off scott free. I have no idea what your bills will come to and no idea of your financial situation but there is absolutely no reason to go into debt ON TOP OF being run over by her. At least go talk to a lawyer so you can be better informed of your options.
    I agree 100%. I am not aware of the local laws, or even Alaska's law; however, I would say that at the very least you would need to get a consultation from a civil lawyer. This is definatly injustice, take action. At the very least contact the women and ask for compensation, and if she wont budge and you dont want a lawer you can sue without one. It would probaly be best to have a lawer. If you dont like the previous options you shoud at least petition for compensation. It is too bad that this had to happen to you, keep us up to date with the progressing events, good luck!
    "If you have built castles in the air, that is where they should be. Now put the foundations under them."
    -Thoreau

  5. #5
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    I'm a law school student in FL (amazing the distance between us and that we both live in the US) and previously worked for 5 years as an auto claims adjuster for a couple of insurance companies. Your thread caught my eye in scrolling down the forum page.

    From a quick internet search it looks like Alaska is a pure comparative negligence venue, meaning your recovery is directly proportional to her liability in the the accident ie. if she is 60% at fault her, or her insurance, is responsible for 60% of your damages. The fact that the police officer didn't write a citation is relatively inconsequential. Plenty of officers make the wrong call or no call at all and a good lawyer can help show that to a jury. I don't know the rules in Alaska, but there aren't many jurors willing to place a lot of liability for an accident on a bicyclist riding on a sidewalk when they're hit by a car.

    Keep in mind, I am only a student and feel your best course of action is to speak with an attorney in your area as others have suggested. Good luck in healing up and getting back out there.

  6. #6
    Elitest thrill junkie
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    Good luck. I too would suggest to contact an attorney. This is also the first I've heard about there being laws in the valley.
    "It's only when you stand over it, you know, when you physically stand over the bike, that then you say 'hey, I don't have much stand over height', you know"-T. Ellsworth

    You're turning black metallic.

  7. #7
    EveryDay
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    Trucks vs. Bikes

    I live in Haines and a couple years ago a dipshit in a pickup pulled out in front of local author Heather Linde who was riding downhill at road speed in the roadway. She was legal and he was not. If she had been a car he would be at fault. He ran her over and crushed her pelvis. Got off scot free. Total ********. Being a biker in Alaska is like a black man in Georgia in the 1800's. There will be no justice unless you seek it. In Haines people are very kind to bikers now but it took a headline to change their ways.

  8. #8
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    Thank you all! I called a lawyer in Anchorage, sounds like my first step is to contact her insurance and see what they're going to do. If they drop the ball I will have lawyer write a letter. If that doesn't work we will go to court. I hope it works out smooth, I hate for it to get ugly. All I need is a new bike, and for medical to be covered, this seems pretty reasonable.

  9. #9
    Bikes are good
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    Sorry you are going through that mess. Good to be alive man. Riding in the valley, in my limited experience, is dangerous. We were honked at and called homophobic slurs when riding through Wasilla to Houston for the start of the Clean air challenge. This was at 8 in the morning, on a Saturday, when people should be in a good mood. I can only imagine the cops out there having the same animosity toward bikers.

    Good luck and keep us posted.
    "Having lack of self-preservation makes biking more fun."

  10. #10
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    Thanks. The good news is I feel pretty good today, she was not going fast. The swelling in the foot has gone down to the point where I can get it in a shoe, I will try a short ride tonight on my fat bike.
    The officer has 10 days to finish report, I will contact her insurance when I get that in hand.
    Jordy-- I wasn't going fast, maybe a jogging speed. I do wish the drivers out here were more aware of those of us on bikes. In Anchorage drivers are much better about that. I will be better about it too, eye contact with the driver is not going to be enough for me any more.

  11. #11
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    Man Curly so sorry to hear. I saw a guy biking on the sidewalk at REI a couple of years ago get launched into the second lane toward the Buckaroo Club. Really scary glad that it wasn’t more serious. Total BS that the lady wasn’t found at fault. Hope you are able to get her to pony up. Hope I get to ride with you on Thursday POS rides this winter.
    Chad

  12. #12
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    that sucks

    That sucks Curly. I've been hit twice in Anchorage and subsequently don't bike commute anymore. Although I may start again.

    Both times at intersections. One lady was looking right at me, making a right on red and lifted her foot off the brake.

    The other guy rolled through a stop sign. I was already in the intersection and he clipped my rear wheel

    I hate to be that guy, but i've considered rolling with a Go-Pro to document how poorly Anchorage people drive.

  13. #13
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    I hope it works out for you and glad you're healing

    Maybe she didn't get cited because she didn't really do anything illegal. It is her fault and you can most likely sue her but that doesn't mean she would get a ticket. I was in a bad car accident once, driving to fast, hydroplaned in to a parked car. Had to pay but got no ticket.
    .
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  14. #14
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    Quote Originally Posted by Haines Mountain Biker View Post
    I live in Haines and a couple years ago a dipshit in a pickup pulled out in front of local author Heather Linde who was riding downhill at road speed in the roadway. She was legal and he was not. If she had been a car he would be at fault. He ran her over and crushed her pelvis. Got off scot free. Total ********. Being a biker in Alaska is like a black man in Georgia in the 1800's. There will be no justice unless you seek it. In Haines people are very kind to bikers now but it took a headline to change their ways.
    Your from haines? I am a Hamilton, I live out at the end of lutak road passed the ferry terminal. Now I live in Seward, but my family still owns that house it is currently being rented. The next time I am in Haines I will look you up!
    "If you have built castles in the air, that is where they should be. Now put the foundations under them."
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  15. #15
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    Sucks man! I just moved to the valley this summer and haven't had too many close calls yet, but I generally try to keep my ride heading towards Palmer rather than the other way. Wasilla drivers seem to be ashholes in general. Don't know what it is, but they just don't care at all. Hoping for your speedy recovery.

    When I was 16 I ran into a 13 year old on a bike (in South Dakota). He was riding on the wrong side of the road (against traffic) and I was looking away from the roadway for some reason. Slow speed colision. He got up and walked away and his bike wasn't damaged at all. Officer didn't cite me as I didn't break any laws - he thought that reckless driving might be an appropriate charge, but my skid marks proved I was driving well under the speed limit and such, so... no charges. The boy's parents did threaten a lawsuit. Insurance paid them off, but they did eventually get a reckless driving charge written somehow (they were both attorneys and it was a small town...). As the driver the worst part for me wasn't the eventual charge or any of that. It was the memory of that moment when I realized that I had just hit another human with my car and could have killed them. All it takes is a second for everything to change.

    Everyone be safe out there!

  16. #16
    Anchorage, AK
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    Quote Originally Posted by curly1 View Post
    ...eye contact with the driver is not going to be enough for me any more.
    I am really sorry that happened to you, Curly. I always wave at drivers and smile. If I don't get a wave back, I don't go in front of them, no matters what. The one time I broke that rule this happened...
    Attached Thumbnails Attached Thumbnails I was run over by a truck Monday--  What's the law in Alaska?-414423_3780638718990_65391985_o.jpg  

    --Peace

  17. #17
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    "In Anchorage drivers are much better about that."

    ...that's terrifying...I've had my share of run-ins w/Anchorage drivers...
    If Huffy made an airplane, would you fly in it?

  18. #18
    Unpredictable
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    Eye contact! There was research a lot of years ago regarding motorcycle riders and eye contact. Conclusion was if you have eye contact with a vehicle driver they are MORE LIKELY to run you down. I never make eye contact when riding on the road.

  19. #19
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    Damn that sucks Curly, get better soon. Hope to see you out on the trails later in the year.

    Nick

  20. #20
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    This sucks to hear Curly, hope your recovery is quick. See ya this winter.

    Clint

  21. #21
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    I guess I'll stop complaining about being a cyclist in San Diego!
    Re-Cycled Person who rides a mountain bicycle.

  22. #22
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    Thanks to all of you for the kind words. I did 15 miles on my fatbike last night and felt good. A few sore spots but nothing to worry about. New bike is on the way.

  23. #23
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    Curly - glad you are feeling better. We'll see you soon, after all, its hard to stop an old horse.

  24. #24
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    It happened to me the exact same way 2 years ago. No hospital for me so I was able to get in contact with the lady's insurance right away and ended up getting 100% of my bike paid by the insurance. They did't even try to discuss the responsability. I think it also really depend on who hits you and if they are willing to raise a little bit their premium for us poor biker. I went to a few bike shop to get an official estimation of the value to give to the insurance. Good luck.

  25. #25
    I Tried Them ALL... Moderator
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    Play the insurance claim game right:

    My first collision = $13,400
    My second collision = $7,800

    No attorney needed. Just document, document, document, photograph, etc.
    "The mind will quit....well before the body does"

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