It's Over

[jeepnik]

I have been stressing about this for well over a year.

While stopped waiting for traffic to clear and turn into a major street, an individual from a third world country road his bike into my work truck. Fell down and sued. Amazing just how fast he had a lawyer. Even though the emergency room couldn't find so much as a scrape, and there was no damage to his bike, he sued for several "million" dollars (my company insurance policy is 10 million). Hmm, I wonder if the lawyer knew this "before" he decided to sue for many times more than this individual (discounting other law suits) would make in his lifetime.

Even with witness', accident investigation reports and photos the insurance company lawyer settled. And we wonder why insurance rates are so high. Their reasoning is that even though they would likely win in court, there is no telling, and it was "cheaper" to settle. Cheaper for whom? I pushed to get them to go to court and all my request fell on deaf ears.

I did find out that the other guys lawyer makes his living doing stuff just like this. He'll take on any case, and even if he looses, the ones that are settled or won outright more than pay for what he invests on the ones that don't pay out. And lawyers wonder why they have such a poor reputation.

I know it's a miss quote, but, the line "kill all the lawyers first" exists because lawyers as a profession (heck I have more respect for the "oldest profession" than I do lawyers) have earned such scorn.

By the way, do you know that it's just about impossible to find out if someone does this sort of things multiple times. It seems the lawyers for the person suing insist that the record be "sealed". That way you can't track repeat plaintiffs. There should be a public data base with who, what, where and when so that these type of "individuals" won't be able to hide under their rocks.

Okay, rant over. I feel better. Thanks for listening.

[vancelw]

Juries seem to hate insurance companies no matter what the facts are. I had a case where the guy was guilty as could be and he sued his insurance company for not paying and won triple damages. He has made a living off of insurance claims for the last 20+ years.

[Blaine]

Rat Azz EssOhBees

(Many moons ago, a bottom feeder and his non-insured client sued my wife and I for an accident. When the bottom feeder found out Wife was the Ex-wife he tried to bribe me to talk chit about Ex-Wife in court....I told him to GFH, and dropped a dime on him to the insurance company lawyer handling this. The case was dropped, and Ex's and my lawyer counter sued the bottom feeder for whatever.....I think Ex got a couple hundred bucks in the end)

[gundownunder]

Unfortunately the world is full of bottom feeders, and the fact that they are so successful only encourages more to join their ranks.

Insurance is a very lucrative way to make a living for doctors, lawyers, and many others.
Many years ago I injured my back at work. Workers compensation insurers sent me to a doctor retained by the insurance company. He diagnosed a soft tissue injury that was minor and would improve significantly with time. They paid peanuts, and I'm living with a permanent disability.

All we can do is live in hope that one day each and every one of them will get hit by a Mack truck.

[Ysabel Kid]

The issue is our legal system. In many other countries, the loser of a lawsuit pays for all the legal expenses of the winner. This really discourages frivolous lawsuits when plaintiffs are trolling for a settlement. Unfortunately, there are too many blood-sucking parasite lawyers in Congress to hope for sanity to win...

[olyinaz]

The issue is our legal system. In many other countries, the loser of a lawsuit pays for all the legal expenses of the winner. This really discourages frivolous lawsuits when plaintiffs are trolling for a settlement. Unfortunately, there are too many blood-sucking parasite lawyers in Congress to hope for sanity to win...

No kidding. Regarding lawyers, remember, some of them are prosecutors - the good guys. But yes, the system is broken and it thrives on being broken. All part of why we're circling the drain on the way down.

[Bridger]

Not all lawyers are bad, heck, as soon as I get out of forestry school I'm headed to law school myself....and I'm even a levergunner. But, the previous poster said prosecutors are the good guys...that's not always true either. Off the top of my head I can think of at least one local prosecutor who is about as much a piece of pond scum as you can imagine.

[papabear]

I remember one rain day I was back my truck up to make a delivery to a restaurant when illegal men drover there old beat up car behind my truck I must have pushed them about ten feet before I was flagged down to stop the company I worked for at the time seteled out of court they bought the man driving a new station wagon and the passenger got the amount of the car in cash yep no wonder they want to live here we hand them everything for doing nothing
Papabear

[bdhold]

the biggest problem with juries is they will see this poor person needs something and the insurance company has big pockets.

Insurance companies will only go to court if the stake is over $4M - in fact, they will always go to court at that level just to roll the dice. They're run by actuaries, everything is about rolling the dice.

Why do you think there is a market for JG Wentworth et. al? I saw one where the whole family was suing for $23M and turned down a $4M settlement. The grown kids (25-y-o) were suing for loss of parental consort - my 400 lb type II diabetic father doesn't play soccer with me any more because of his injury. They lost, btw, and got Nothing.

Cameron County, Texas has the highest per-capita personal injury lawsuit rate in the country.

People have gone to WalMart, had their tires rotated, went out by the dumpster and loosened their lugnuts, then drove down the road until their wheel fell off.

In the old days, we'd just shoot 'em.

Sorry for your stress. A good friend went through something similar. Let it go, friend.

btw, magnetic signs. While a painted sign on your work truck may seem like marketing - it's a target for someone looking for a personal injury lawsuit. Get the magnetic sign which you place on your truck only at the job site.

[Grizz]

not all prosecuters are 'good guys'. like the top dog [gag].

glad it's over Jeep. what a crock. it gives rise to visions of riding a bicycle into the lawyer's car................

[Griff]

Makes one wished one had beat the snot outta the clown while he was down. Payin' him and the scumbag lawyer just re-inforces the idea of that type of behavior and action is ok. Morally, they are so wrong as to make by blood boil.

[bdhold]

bet the guy has a new car now

[bdhold]

while it doesn't apply to this incident, information that needs to be more widespread.
A police officer's guide to bicycle traffic rights and enforcement.
https://docs.google.com/viewer?a=v&pid= ... lKATQBAXYy
I've had to play chicken with a pickup on a 5-lane road for control of the right lane when he had a clear and open left lane to pass me legally.

[jeepnik]

the biggest problem with juries is they will see this poor person needs something and the insurance company has big pockets.

Insurance companies will only go to court if the stake is over $4M - in fact, they will always go to court at that level just to roll the dice. They're run by actuaries, everything is about rolling the dice.

Why do you think there is a market for JG Wentworth et. al? I saw one where the whole family was suing for $23M and turned down a $4M settlement. The grown kids (25-y-o) were suing for loss of parental consort - my 400 lb type II diabetic father doesn't play soccer with me any more because of his injury. They lost, btw, and got Nothing.

Cameron County, Texas has the highest per-capita personal injury lawsuit rate in the country.

People have gone to WalMart, had their tires rotated, went out by the dumpster and loosened their lugnuts, then drove down the road until their wheel fell off.

In the old days, we'd just shoot 'em.

Sorry for your stress. A good friend went through something similar. Let it go, friend.

btw, magnetic signs. While a painted sign on your work truck may seem like marketing - it's a target for someone looking for a personal injury lawsuit. Get the magnetic sign which you place on your truck only at the job site.

No sign on my truck. But, it has a tool box. I guess that makes you a target just about as good as a sign.

[jeepnik]

while it doesn't apply to this incident, information that needs to be more widespread.
A police officer's guide to bicycle traffic rights and enforcement.
https://docs.google.com/viewer?a=v&pid= ... lKATQBAXYy
I've had to play chicken with a pickup on a 5-lane road for control of the right lane when he had a clear and open left lane to pass me legally.

I shouldn't have been too surprised. The traffic officer that did the report told me that with our then mayor, an avid bicyclist, even when a driver is in the right, the traffic officers are pushed to make it the other way around. My officer was old and ready to retire so he told things the way they were. He kept the bike as "evidence", hence some of the pictures, for the citation he issued the bicyclist.

Just as an aside, to give you an idea how avid the former mayor was, while the city is going broke, reducing services and laying off employees, this fool instituted a plan to restripe the entire city with bicycle lanes. This is to the point where several major streets have lost lanes and this has resulted in traffic jams where they did occur before.

I guess politicians should be either even with or maybe even slightly ahead of the lawyers in the line to the chopping block.

[Sixgun]

A good friend had a very nice response when this other guy sued him for something similar. He called the guy up and said, "lets talk about this issue" The other guy met him at an undisclosed location and my bud got out of his truck with a baseball bat and told the worm that if he is getting sued, he is going to get his money's worth.

That was the end of that lawsuit.

Eventually the guy who ran into your truck is going to run into another guy who has the same mentality of my bud.

We need more people like that. I am in full favor of sending many of our so called "citizens" back to the mother land.-------------6

[Grizz]

This is to the point where several major streets have lost lanes and this has resulted in traffic jams where they did occur before.

I guess politicians should be either even with or maybe even slightly ahead of the lawyers in the line to the chopping block.

they do this routinely in Seattle area. they literally think they are reducing congestion. wait, think is much too strong a verb...

[bdhold]

bike routes need to be properly thought out.
I knock out bicycle miles, and usually aim into town instead of out, because there are nice places to stop (restaurants, brew pubs, bakeries, etc). I can't commute from here on a bicycle, because the marginally safe route would be 28 mi one-way, vs. 17 mi down the highway in the p/u, but ride on the weekends for the calories. Not always toward town - last ride was back and forth over a steep divide in the hill country, with friends who are training to take their tandem up Donner Pass in a few weeks. We also stopped at a restaurant on top of the divide rated No. 1 burger by Texas Monthly - we were the only bikes there. We rode 38 miles, climbed 2300', sweated 80 oz water, and burned 3600 calories - they'll have no worries on Donner Pass.

Downtown is never a problem, because bikes are as quick as cars in the light queues. The dangerous places are the shopping zones between the 'burbs and uptown, where traffic is fast and people are distracted by their errands. Here its safer to ride to the parking lots where you can, unless there is a marked bike lane and, even then, you have to anticipate danger and incidents. Such as people passing you to turn right into a drive, and cutting you off.
The cities who have really thought about it, including San Antonio, are turning their flood zones along creeks into paved greenways for hikers and bikes.

FWIW, the roads were first paved for bicycles, called wheelmen then. They were also the fastest vehicles on the roads then.

[mikld]

I'm one of those with a very low opinion of insurance companies, just a hair below lawyers. I believe they conduct semi-legal extortion and conspiracy (making deals just to make a problem go away). Just like obummer's health care BS, if you don't buy insurance for your car, you be in deep trouble (except if you are an illegal alien in southern CA, and then nuttin' happens to you 'cause you don't have a driver's license anyway and your address is prolly nonexistent, and police just take info. for a report and all parties just leave).

But, I'm not 100% against the insurance companies in court, cause anything they pay out in any accident, someone has their rates/premiums raised and the insurance company doesn't lose a cent.

I believe that court costs should be paid by the loser of a lawsuit, as YK suggests and mebbe some of the BS lawsuits would go away. It's seen even on TV; "We'll take on your case for no money down, and if we lose, you won't pay a cent".

Yep the system is broken (too many politicians are supported by big insurance companies to make any "pro-people/anti-insurance company laws), but there's way too many bottom feeders (attorneys/politicians/thiefs) that feed on the system...

[olyinaz]

I believe that court costs should be paid by the loser of a lawsuit, as YK suggests and mebbe some of the BS lawsuits would go away. It's seen even on TV; "We'll take on your case for no money down, and if we lose, you won't pay a cent".

Yep the system is broken (too many politicians are supported by big insurance companies to make any "pro-people/anti-insurance company laws), but there's way too many bottom feeders (attorneys/politicians/thiefs) that feed on the system...

Yep. And like many have pointed out, we'll never see a jot of improvement while most politicians are same as ol' Barry - LAWYERS. Think about how many laws these guys just sit there writing and passing constantly like termites eating away at your home - what will still be legal in a hunnert years? NOTHING. A fascist state run by liberals. It's so stupid I laugh at it, but it's not really funny when you stop and think about your kids.

It all jibes really well with my notion of what's coming and His return however.

[Lastmohecken]

Well, regarding bicycling and I will also group motorcycles and especially scooters in the mix. I have been on both sides of the fence on this. I have road bicycles in traffic, and also I am a motorcyclist, as I have been riding Harleys for many years. The cages (cars, trucks, etc.) need to respect the two wheel rider, but bi-gosh that needs to go both ways.

Being a biker myself, I still sometimes get angered at novice riders, etc that insist on slowing down traffic, by not letting people pass, etc. Yes, you have to control your lane, when needed, but if you insist on holding a line of traffic back for an extended time, all it does is pee people off, and doesn't do anything to help you get the respect you want on the street.

When I ride, I ride like a fighter pilot especially on my Harley, and remember the old idea that everyone is crazy and trying to kill you, and you might survive.

Bicycles have rights, but as far as I am concerned they don't have the right to slow me down to a crawl for an extended time, and make me late for work, either. This happened to a coworker of mine. There was a time when his route to work, (he didn't have an alternate route) down a small paved 2 lane road, frequently put him behind a group of bicyclist and the bicyclists would take up the whole road and slow him down to a crawl, and would not ride in a single file, etc long enough to let him pass. This became quite frustrating after a while, and after a few episodes of this, there was a confrontation, which ended with my coworker stomping the heck out of the bike leader's high dollar bicycle and then picking it up and throwing it off of the road down into a ravine. In this case I would have to side with my coworker, as I might have done the same if pushed far enough. But it could have all been avoided by a little more respect shown by the bicyclists in this case choosing not to unnecessarily impede the flow of traffic.

I believe the bicyclists chose a different time to ride down this road, after this, which solved the issue for my coworker at least.

[KiwiKev]

Idiots like thAt can't sue here. Since the 1970s we have had a non sueing law for accidents. If its my fault and he is hurt. I will go to court on a criminal neglect charge. The government pAys his medical costs at a modest level.

[bdhold]

bicyclists come from all over San Antonio to ride the country roads around my house - kinda funny that I usually go the other way. Of course all of these are two-lane roads with no shoulders, but never seen any rudeness from either drivers or bikes. It's also nice that the police heavily patrols these roads.

Because of naturally defensive attitude, one thing you rarely see is bikes making stupid choices around cars. What you see a lot of, though, is drivers making stupid choices around bicycles.

[92&94]

I remember one cyclist on campus once shouting and gesturing at me at a 4-way stop. I'd come to a complete stop and proceeded through the intersection, and he was incensed that I had failed to yield for long enough for him to blow through his stop sign without pause. Funniest part was his expression when it became clear to him that such rude behavior would not go un-challenged by a redneck on campus. That guy shut right up and pedaled off at top speed before I was even out of the truck Lucky for me no cops were around, even though I was in the right there would have been a ticket of some kind for that

Cyclists seemed to have a different attitude on that campus, not defensive at all. It was more like "I'll do exactly what I can get away with"

[Griff]

All this talk is making me afraid to take my almost "rebuilt" bike out for a ride... NOT!


I didn't repaint it, as it'll probably get just as scuffed up hanging on the back of my cab. Taking it with me for the rest of the summer... The guy at the bike shop that re-did the wheels, got the new bars, brakes and did the cable work said... "man is that a comfortable and sporty ride!" Had to replace the front wheel... couldn't find just an Araya rim the correct size without buying a complete bike... or a complete front wheel alone. I did have to replace the axle and lock mechanism. But, I'll keep my eye out so that I can keep it as "original" as possible. I do figure on eventually repainting it, and have new decals, even if they're of a later vintage Nishiki... but still for the "International" model. IIRC, I bought this the summer of 1973, and since I live on a gravel road, it's been just hanging in my barn since 1991. Still want to get rid of the pedals, don't want or need cages for pleasure riding... maybe I'll just get rid of the cages, as the pedals themselves are in good shape. My original leather seat was in bad shape, so I replaced with a similar shaped "gel" cushioned model, covered with some kind of man made material, and is marked "Nishiki" on it. I had to re-adjust the seat from when the bike guy road tested it... I ain't quite that long of leg.

Bulldog, the guy at the shop said when I took mine in, that he took his Dad's "Centurian" (also Japanese built), with much the same frame geometry and added the same bars and a more comfortable seat. Said his Dad is about my age and has really gotten back into riding again... Hope I do also. Oh yeah, the ubiquitous "before" shot:

[bdhold]

Good job Griff - next project is to get thumbies or stem shifters.
http://www.rivbike.com/product-p/sh3.htm

[new pig hunter]

jeepnik,

you never told us the name of the other lawyer .......

Cheers,

Carl

p.s. Griff, your bike looks a lot like, and is the same color, as my 1985 Miyata 210 .....
http://1.bp.blogspot.com/_whtVpXkKwlQ/R ... img086.jpg

[Griff]

Good job Griff - next project is to get thumbies or stem shifters.

Thanks. Couldn't find stem shifters that'd fit on my stem. Might have to search further. I know my wife's Nishiki had them, but don't know if the stem was similar. "Thumbies" (?) would be great, and thought about them... but since I was already used to the downtube shifters, I didn't think it would be any big deal. The derailers are just friction adjustable, not the positive click/stop type. Been too hot to ride the last couple of days... wished I'd been home a week or so ago! Been looking at some of the new products from Shimano and SunTour.

I also have to clean up some of the chrome... Next is to find a mixte frame (that isn't over-priced) for the wife. Looking for:

Haven't been able to get a response from that seller... But, if I find one, maybe then I'll let the neighbors talk me into concreting the road down to our place... although I really hate doing that!

[bdhold]

yes, both my bikes are friction shifters - have index on my daughter's bike.
Have my old Zeus shift levers on bar end pods from Rivendell on my upright.
Friction works fine for up to 8 gears in the rear.

IRD makes a quill mount for your friction downtube levers.
Rivendell's price may look steep on this, but they're $30 cheaper than others.
http://www.rivbike.com/product-p/sh15.htm
looks to be very well made.

Looks like IRD also makes thumb mounts that take friction levers, but they're $100/set

Paul thumbies are priced cheaper than I expected
http://www.cambriabike.com/Pauls-Thumbi ... no-MTB.asp
again, these are mounts that take your shift levers

here are my bike photos - if you check summer project, you can see the Fuji my daughter built
https://plus.google.com/u/0/109016132995287077684/posts
she rode it 17 miles this morning