I had an accident on I80... luckily not in my cobra

onefastmustang · #1 (**permalink**) 06-08-2009, 07:10 PM

Unfortunately on my Harley. I was going west bound on 80 and was about 2 car lengths from the vehicle in front of me when there was suddenly this monsterous pothole in front of me. It was where the construction company that is repaving 80 had ground down the road the night before in prep for repaving. I hit the hole, went airborne but stayed on the bike. I was able to bring it back down and retain control but with a sudden shot of pain in my back. I deciced to pull over and slowed down and went to the inside breakdown lane. I was down to 30 or so when the bike hit some loose gravel and my lack of focus made me take down there to the ground. Thank god for chaps. Luckily I dropped bike right near where a guy was parked. He rushed out to get the bike off of me and helped me to the concrete wall. Turns out he was there investigating the pothole from a complaint. So I went to the hospital and had broken my lumbar vertabrae. I had a 7 hour surgery and am now bed ridden. Sucks for sure. Just not sure what I can do about the bills that go with all this. Anyone been through something like this before?

Got the Bug · #2 (**permalink**) 06-08-2009, 07:27 PM

Wow! Sorry to hear and hope you recover soon. Was there a full police report regarding the accident? Hopefully it fully documented the dangerous road conditions and the pothole that you hit.

onefastmustang · #3 (**permalink**) 06-08-2009, 07:35 PM

CHP is working on that still. the officer asked me that direct question so I think I am ok.

MaSnaka · #4 (**permalink**) 06-08-2009, 10:14 PM

OFM, Speedy recovery. Sorry to hear about your trouble. I hope it works out for ya.

John

rustyBob · #5 (**permalink**) 06-09-2009, 12:58 PM

You would think Cal Trans could or would take responsability and pay some of those bills for you but iam sure your insurance co. will help wont they? Have a speedy recovery.

Bxx1 · #6 (**permalink**) 06-09-2009, 01:00 PM

Quote:

Originally Posted by rustyBob

You would think Cal Trans could or would take responsability and pay some of those bills for you but iam sure your insurance co. will help wont they? Have a speedy recovery.

I think they will eventually take responsibility when they get "onefastmustang's" lawyer's letter ....

RedBarchetta · #7 (**permalink**) 06-09-2009, 01:03 PM

Hope you heal soon!

Recently went through a similar Caltrans-related incident. The road paving contractor they hired left a bunch of gravel on the 55. Drove through it at speed (along with a bunch of other people in front of me) and my '02 Z06 (black) got peppered. Chipped windshield and the whole car had to be repainted. Caltrans will force you to go through their contractor for claims, so just let your insurance company handle all that (you are insured on the bike, right?).

-Dean

onefastmustang · #8 (**permalink**) 06-09-2009, 03:09 PM

Everything is insured. The bike left today for repairs. Progressive is going after Caltrans to get them to pay it. I guess I should call Anthem for my medical and Laywer for pain, suffering and future medical issues caused by this. It totally sucks. I am on morphine and my pain level is still about a 9.

Fordzilla · #9 (**permalink**) 06-09-2009, 03:30 PM

Sorry to hear of your incident. I hope you heal up soon. Yes, take all steps to recover all financial losses & future medical issues that may arise. I have back injuries incurred during military service 30 years ago & they haunt me everyday & night. The measily pittence from the VA doesn't do it justice but atleast they pay me something every month. Regards, Mick

onefastmustang · #10 (**permalink**) 06-09-2009, 06:02 PM

I hear you guys.. I found a case where a cyclist hit a pig on the highway and California paid him 8 million. They were able to prove that Caltrans knew that pigs crossed the highway there and didn't do anything to stop them. Not that I expect 8 million but I want to make sure my future medical procedures are covered. I have 4 kids to put through college still.

A good friend of mine works for Caltrans and said they will pay up when shoved hard enough and that I should definately do it.

Dangerous Doug · #11 (**permalink**) 06-09-2009, 07:27 PM

I read several years ago about a guy in his Porsche hitting the end edge of a Cal Trans pavement grind, where it ended at a bridge. I remember the road work, and it seemed to me there was a good two inch high edge. Damage occurred to his Porsche, and he went after Cal Trans.

The highway was 280, and the damage occured near Los Altos. If I recall correctly, it was reported in the "Mr. Roadshow" section of the San Jose Mercury News. Might be good precedent case to take a look at.

I actually surprised a lawyer hasn't contacted you yet...

Good luck---my Dad has a cracked vertibrae from a tractor accident about a decade ago. Painful, indeed. Heal well.
DD

onefastmustang · #12 (**permalink**) 06-10-2009, 05:07 PM

It seems so far every lawyer I have talked to is not interested in going after Caltrans. Whats up with that. Are they all afraid of Arnold?

RedBarchetta · #13 (**permalink**) 06-10-2009, 05:20 PM

Quote:

Originally Posted by onefastmustang

It seems so far every lawyer I have talked to is not interested in going after Caltrans. Whats up with that. Are they all afraid of Arnold?

I think you need to let this play out some more. First, you have to give your insurer the ability to do their thing, which will include some amount of pain & suffering compensation toward you. The insurer will go after Caltrans for reimbursement, that you can bet on. If your "settlement" via the insurer is not to your approval, then you may have to bring in your own counsel to negotiate something different. Or you just get totally peezed off and sue them all. That's how the legal system works. Just remember that the lawyers always get their take, and it's usually quite significant. Often times people that start out being reasonable and just want their health costs taken care of get squirrelly (i.e. greed) and then you're mired in the courts for a looooong time trying to gain restitution that you would have had months prior otherwise.

onefastmustang · #14 (**permalink**) 06-10-2009, 08:32 PM

Wise advice.. Thanks

Mike

PANAVIA · #15 (**permalink**) 06-11-2009, 08:49 PM

OFM, our best wishes for a complete recovery. --just hearing it makes me want to cringe.

Steve

mtml427 · #16 (**permalink**) 06-11-2009, 09:50 PM

Never been through such an incident but I had a friend in high school who has a brother that went through something similar. Though, this happened years ago (decades actually, around the mid sixties) the brother had hit a pothole in the highway. He lost control and ended up paralyzed from the waist down. There was a huge settlement with the government agency.

onefastmustang · #17 (**permalink**) 06-11-2009, 10:16 PM

Quote:

Originally Posted by PANAVIA

OFM, our best wishes for a complete recovery. --just hearing it makes me want to cringe.

Steve

Thanks... I hope I start getting better soon. the constant daily high pain even with meds is starting to wear on me. I guess this is the term "Pain and Suffering"

I am still suprised the contractors lawyer hasn't reached out..

WWS · #18 (**permalink**) 06-11-2009, 10:49 PM

If you have to get a lawyer they will steal 33.33% of your settlement for writing a few letters here and there unless negotiated otherwise (but don't count on anything much less).

onefastmustang · #19 (**permalink**) 06-11-2009, 10:56 PM

I suppose it really matters on what they offer me before I consider geting my own lawyer. I am a first time litigant with no idea what the hell I am doing..

RedBarchetta · #20 (**permalink**) 06-12-2009, 06:45 AM

As your health slowly improves, you also need to start gathering good advice from your doctors with respect to average recovery times and any potential long-term issues/setbacks you may endure. It's easy for the insurance company to say, "We're sorry about the accident...here's $50K to cover your medical and for pain and suffering.", only to have long-term issues that require further care above and beyond what your health insurance is willing to cover. That's when honest people that had bad luck get into financial dire straits because of an early settlement. Again, you need to let this play out a bit before you sign any documents and receive "settlement" money. Trust me, the moment you waiver on signing anything, the insurance company will take that as a sign that you may litigate. It's far cheaper for them to up the ante some than to litigate. First and foremost, get healthy! No amount of money is worth hurting all the time.

I'm not an attorney and don't pretend to be one. Just been around enough of them and situations to know how these things tend to play out. Good luck to you.

-Dean