My son got hit on his bike *Update post 37*

[phorsenuf]

It sounds to me that, at the time of the accident, it was not believed that any injuries were involved. Your son said he was ok. The driver of the truck may have suggested calling the police and/or an ambulance and your son may have refused.

I just think it's a little premature to say the guy should be charged with a crime.

another one who doesn't think the driver should be charged with a crime. You can offer to call for help all you want but if a grown adult refuses it, not much you can do about it.
OP - hoping your son feels better soon, sounds like he's going to be sore for a while.

I agree it sounds like the driver of the truck did tried to do everything he could for your son. Your son said he was fine.

According to the cop he said that if you are in an accident and there are apparent injuries and you do not call the police it is a crime. Even though Chris said he was ok you could see he was hurt because they were concerned about the the huge bump and scrape on his head and he was holding his elbow.

It's in the police's hands at this point.

 

[ols386]

I think if I hit someone on a bike, walking, jogging, etc. I'd go ahead and call the police, right there from the scene for a couple of reasons:

1) Maybe the person I hit 'thinks' they are ok, but maybe in reality they should actually at least be taken to the ER and checked over.

2) If there are any legal issues that develop after the accident, then at least it's on record that the police were called, the person that was hit was seen/treated by medical professionals, and an accident report was filed.

The first reason is for the benefit of the person who was hit.

The second reason is for my protection from a legal standpoint.

 

[Trish Bessette]

Good gosh maybe the driver asked if he was ok and all but you did just hit a guy on a bike who flew up on your hood. Of course he is hurt! He was in shock that is why he said he was ok. Anyone with a brain should know that and the police should have been called.

Good thoughts to your son for a quick recovery. Poor kid. Thank goodness for your sister to be with him

 

[SandrA9810]

Some times just being at the wrong place at the wrong time can get you in trouble, even if you did nothing. Other times, if you did nothing when you knew you should have, that can get you in trouble.

Sometimes cases like this, it's up to the state if they want to proceed forward with charging the guy. They could ask your son his opinion on the matter, but ultimately it's the state's decision.

If your son was making a right and the guy was making a left, how did they cross paths?? That's the part I don't get.

 

[npmommie]

I am glad to hear your son will be ok.

 

[momrek06]

According to the cop he said that if you are in an accident and there are apparent injuries and you do not call the police it is a crime.

I so hope you son heals quickly, 4's. My DS (23yo) is now back east in law school and bike his is mode of transportation and I worry about this all of the time.


As far as calling it a crime:
Well, I am going to guess when they find the driver, he will simply say "I asked the young man if he was ok, he said yes and then offered to drive him home and I did" ... and as far as the line about "creaming" him, that is hearsay and unless others heard it and your son has them as a witness, the courts will not allow it. (Can you tell I watch allot of Judge Judy).

 

[triton45]

1

 

[It'sWDW4me]

Some times just being at the wrong place at the wrong time can get you in trouble, even if you did nothing. Other times, if you did nothing when you knew you should have, that can get you in trouble.

Sometimes cases like this, it's up to the state if they want to proceed forward with charging the guy. They could ask your son his opinion on the matter, but ultimately it's the state's decision.

If your son was making a right and the guy was making a left, how did they cross paths?? That's the part I don't get.

I had to create a mental picture to get this, myself. If they're driving in opposite directions - heading towards each other - one would make a right, the other a left and then they would both be heading in the same direction. OP's son had the right-of-way as he made the right-hand turn.

OP - I sure hope your DS is back to 100% soon. I can only imagine how worried you are - and have been - for your son. Thank goodness he was wearing a helmet!!

 

[princessmom29]

I am truly sorry that this happened to yours son, but I do not think that the driver is guilty of any crime. He stopped, offered aid, and even drove your son home. Your son told him he was not injured and did not want an ambulance. He did his do diligence in making sure he was ok, and as an adult your son can and did refuse treatment. He has met his legal requirment as a driver. Although he is still reponsible for damages/ medical bills he is not guilty of leaving the scene or failure to report an accident with injuiries as he did not leave the scene and he was not aware that your son was in fact injured.

 

[phorsenuf]

Since the whole 'crime' thing seems to be an issue, here is NH law.

Conduct and Reporting After a Motor Vehicle Accident
Section 264:25
264:25 Conduct After Accident. –
I. The driver of a vehicle who knows or should have known that he or she has just been involved in any accident which resulted in death, personal injury or damages to property, shall immediately stop such vehicle at the scene of the accident and give to the driver or owner of any other vehicle involved in said accident, and to any person injured, and to the owner of any property damaged, the driver's name and address, driver's license number, the registration number of the vehicle and the name and address of each occupant. If by reason of injury, absence or removal from the place of the accident, or other cause, such injured person, or driver of such other vehicle, or owner of the property damaged, or any of them, is unable to understand or receive the information required in this section, such information shall be given to any uniformed police officer arriving at the scene of the accident or immediately to a police officer at the nearest police station. Any person driving a vehicle which is in any manner involved in an accident or any person who owns a vehicle which was illegally parked when it was involved in an accident shall within 15 days after such accident report in writing to the division the facts required hereunder together with a statement of the circumstances if any person is injured or killed, or if damage to property is in excess of $1,000, unless the accident is investigated by a police officer, in which case a report filed by such officer shall satisfy the requirements of this section; provided, however, that any person not otherwise required by this paragraph to file a report, who owns a vehicle which was involved in an accident, may file a report as provided by this paragraph. Voluntary intoxication shall not constitute a defense in the matter of knowledge under the provisions of this section. All reports, filed as required in this paragraph, shall be in the form prescribed by the director and shall contain information to enable the division to determine whether the requirements for the deposit of security under RSA 264:3 are inapplicable by reason of the existence of insurance or other exceptions specified in that chapter. If such driver is physically or mentally incapable of making such report, the owner of the vehicle involved in such accident or the owner's representative shall, after learning of the accident, forthwith make such report. The driver or the owner shall furnish such additional relevant information as the division shall require. The provisions of this section shall be of general application and shall not be restricted to a way as defined in RSA 259.


He could be charged with a misdemeanor for not providing the information bolded above.

 

[Buckalew11]

Sorry about your son. I hope he'll heal up quickly. My DH rides a lot and it is always a concern for me because our area is not bicycle friendly. I've even witnessed a truck pinning bicyclist against a curb out of meaness.

My DH was hit BY A POLICE CAR while running one day. Talk about *knowing better*!! That police officer didn't tell a soul! DH wasn't really hurt but if you get hit by a movng car, you're gonna be hurting a bit! Anyway, the PO did not know that DH was a FF and also that our SS teacher at church is the PO's boss! (3rd in command in our county) DH went into SS that next SS and mentioned the incident and SS teacher was shocked, had no knowledge of the incident.

I think that PO learned a very valuable lesson about reporting things. They actually offered DH $20,000 for that incident. Of course, we did not take it--DH was fine.

 

[ols386]

I had to create a mental picture to get this, myself. If they're driving in opposite directions - heading towards each other - one would make a right, the other a left and then they would both be heading in the same direction. OP's son had the right-of-way as he made the right-hand turn.

OP - I sure hope your DS is back to 100% soon. I can only imagine how worried you are - and have been - for your son. Thank goodness he was wearing a helmet!!

That's the way I visualize it.

 

[Luv2Scrap]

I so hope you son heals quickly, 4's. My DS (23yo) is now back east in law school and bike his is mode of transportation and I worry about this all of the time.


As far as calling it a crime:
Well, I am going to guess when they find the driver, he will simply say "I asked the young man if he was ok, he said yes and then offered to drive him home and I did" ... and as far as the line about "creaming" him, that is hearsay and unless others heard it and your son has them as a witness, the courts will not allow it. (Can you tell I watch allot of Judge Judy).[/SIZE]

Certainly it would be the victim's word against the driver's, but I don't think this would qualify as hearsay just because others did not witness it.

Or course Wikipedia isn't the final word on everything, but nevertheless, here's what I found from there (emphasis is mine):

"generally defines hearsay as a "statement, other than one made by the declarant while testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted."[2] Historically, the rule against hearsay is aimed at prohibiting the use of a person's assertion, as equivalent to testimony to the fact asserted, unless the assertor is brought to testify in court where he may be placed under oath and cross-examined."

I've never heard of a person not being allowed to testify that a statement was made directly to them if they didn't have a witness to the statement. At that point, it just becomes a he said/she said issue.

Edited to add: to the OP, I hope your son is feeling a little better today. This is always my fear with DS13!

 

[happygirl]

Op, Does you son want to see this man charged?

 

[DawnM]

So sorry.

Dawn

 

[dislaney]

Hope your son heals quickly and things get better for you all around! Glad your sister was there to help him out.

 

[tvguy]

Since the whole 'crime' thing seems to be an issue, here is NH law.

Conduct and Reporting After a Motor Vehicle Accident
Section 264:25
264:25 Conduct After Accident. –
I. The driver of a vehicle who knows or should have known that he or she has just been involved in any accident which resulted in death, personal injury or damages to property, shall immediately stop such vehicle at the scene of the accident and give to the driver or owner of any other vehicle involved in said accident, and to any person injured, and to the owner of any property damaged, the driver's name and address, driver's license number, the registration number of the vehicle and the name and address of each occupant. If by reason of injury, absence or removal from the place of the accident, or other cause, such injured person, or driver of such other vehicle, or owner of the property damaged, or any of them, is unable to understand or receive the information required in this section, such information shall be given to any uniformed police officer arriving at the scene of the accident or immediately to a police officer at the nearest police station. Any person driving a vehicle which is in any manner involved in an accident or any person who owns a vehicle which was illegally parked when it was involved in an accident shall within 15 days after such accident report in writing to the division the facts required hereunder together with a statement of the circumstances if any person is injured or killed, or if damage to property is in excess of $1,000, unless the accident is investigated by a police officer, in which case a report filed by such officer shall satisfy the requirements of this section; provided, however, that any person not otherwise required by this paragraph to file a report, who owns a vehicle which was involved in an accident, may file a report as provided by this paragraph. Voluntary intoxication shall not constitute a defense in the matter of knowledge under the provisions of this section. All reports, filed as required in this paragraph, shall be in the form prescribed by the director and shall contain information to enable the division to determine whether the requirements for the deposit of security under RSA 264:3 are inapplicable by reason of the existence of insurance or other exceptions specified in that chapter. If such driver is physically or mentally incapable of making such report, the owner of the vehicle involved in such accident or the owner's representative shall, after learning of the accident, forthwith make such report. The driver or the owner shall furnish such additional relevant information as the division shall require. The provisions of this section shall be of general application and shall not be restricted to a way as defined in RSA 259.


He could be charged with a misdemeanor for not providing the information bolded above.

Here's to a speedy recovery for your son. That's all that's important.

Here in California, we have a similar law, but here it also means the drivers of BOTH vehicles have a legal obligation to report an accident with injuries or damage in excess of $1,000.

 

[phorsenuf]

Op, Does you son want to see this man charged?

Probably not. He just wants him to be found so he can take responsibility for the medical bills and repair/replacement of his bike.
There was a couple jogging right there when it happened. They heard the guy say that he didn't see him. He's going to see if he can find them because they also said they tried to remember the guys license plate. I guess the guy drove off but then turned around to park on the other side of the road. They initially thought he was taking off.

 

[It'sWDW4me]

Op, Does you son want to see this man charged?

This may not be up to OP's son. The driver left the scene of an accident involving injuries. It may be completely up to the police/state/powers-that-be at this point.

I can understand why people feel "well, he asked if the guy was ok so that covers his rear" but you can believe that if I caused an accident in which I thought someone was hurt, the police would be called to CMA!!!

 

[dodukes]

I would think that since he did due diligence in stopping for your son and taking him home and waht not, hes not gonna be hauled off to jail. I personally wuld have called the police to cover my rear end but I can see where sometimes you don't especaily if you son said he was ok. I hope he starts to feel better. I bike myself and always worry about this. He should be covered under the guys auto insurance probably.