Boyfriend Hit by Drunk Driver

[bhskittykatt]

Ugh. Sorry to hear it. I hope BF recovers soon. This could have turned out so much worse!

I hope you go after that driver for everything you can!

[Lyse]

It may sound silly, but has he considered crochet or knitting? I have a couple of guy friends whose wives taught them when they were laid up for a while. It was soothing and they felt better for actually having something solid after a few hours of work.

[LillFilly]

Update:

He went for a 2nd round of tests and though his doctor thought he had a torn ACL, MCL and LCL, the specialist said he only has a torn ACL. He'll be doing a month of therapy and getting a special knee brace to do what the ACL can't right now. Once everything is strengthened, they'll do surgery. So it looks like he'll be missing about 2-months of work. At least the Driver's insurance is covering medical bills thus far.

PS. The insurance company is supposed to look at the bike damage, so we haven't touched it or taken it for repairs. We figure they'd only pay the cost of the basic bike, not all the extras; it's a Schwinn, so that's something at least.

[DeltaSierra]

Glad its not as bad as the Dr originally thought!!! I dealt with a torn ACL and although yes its freaking painful, if he treats it right and uses his brace it will help, and the surgery will make a HUGE difference. Ice is his friend.

Any update on the claim by the driver that he was riding a moped instead of a bike and if it will have any bearing on the accident claim?

[RottenFruit]

I wish you and your boyfriend all the best, in particular, I wish your BF a quick recovery and you not to feel bad about the perceived sin of omission of not driving him home. No one could know that something like that would happen except maybe for the drunk driver.

[LillFilly]

Any update on the claim by the driver that he was riding a moped instead of a bike and if it will have any bearing on the accident claim?

No, no mention since boyfriend corrected the Driver's insurance company.

Another update; Boyfriend got a Subpoena to be a witness in the case of the State Vs. The Drunk Driver for the DUI hearing

[LillFilly]

Update - Update:

State vs. Drunk Driver hearing was yesterday. Boyfriend showed-up at court, along with the police officer, the witness who was driving behind drunk driver (who told police that she could see boyfriend) and the witness who was at the intersection drunk driver was trying to turn into (who ALSO told police she saw boyfriend). Then drunk driver showed-up with his lawyer, who looked pissed that all the state's witnesses had shown up Drunk driver, his lawyer, the officer and the judge go into chambers and it turned-out drunk driver decided to waive his hearing and go right to trial. The Officer told boyfriend that this is in hopes of pleading down his sentence since it turned out this is NOT his first DUI offense and in hopes that the witnesses won't show up at the trial. He also told boyfriend that boyfriend might be called to testify to the DA. We'll learn when the date is soon I guess.

Boyfriend also gets his custom fit leg brace today, to support his leg through therapy and after he has the surgery. There was a snag getting it because at first drunk driver's insurance insisted that they weren't covering it and that boyfriend had to go through HIS auto insurance...umm, he was on a bicycle, there is NO auto insurance to bill on his end! It finally got straightened out that they pretty much have to cover all of boyfriend's medical needs until the policy runs out.

At least he's walking all right, but the knee wobbles all over the place, and he can only do 4-hour shifts at work; he went back this past week to see what he could and couldn't do. Problem is his boss keeps messing things up and this forces boyfriend to try and fix a job that hurts his knee.

[Sapphire Silk]

Update - Update:

State vs. Drunk Driver hearing was yesterday. Boyfriend showed-up at court, along with the police officer, the witness who was driving behind drunk driver (who told police that she could see boyfriend) and the witness who was at the intersection drunk driver was trying to turn into (who ALSO told police she saw boyfriend). Then drunk driver showed-up with his lawyer, who looked pissed that all the state's witnesses had shown up Drunk driver, his lawyer, the officer and the judge go into chambers and it turned-out drunk driver decided to waive his hearing and go right to trial. The Officer told boyfriend that this is in hopes of pleading down his sentence since it turned out this is NOT his first DUI offense and in hopes that the witnesses won't show up at the trial. He also told boyfriend that boyfriend might be called to testify to the DA. We'll learn when the date is soon I guess.

At least he's walking all right, but the knee wobbles all over the place, and he can only do 4-hour shifts at work; he went back this past week to see what he could and couldn't do. Problem is his boss keeps messing things up and this forces boyfriend to try and fix a job that hurts his knee.

Something similar happened in the one DUI case I was subpoenaed to testify in (I drew the blood alcohol level). Drunk shows up with his family, sees me, looks pissed, pleads out on the spot.

Sometimes the witnesses don't show, and these jerks get a walk. Not with me. I show up.

If this is going to trial, BF might have to testify in a deposition before the actual trial itself. Either way, testifying won't be pleasant, which is why no one wants to do it. The defense lawyer will do everything he can to make your BF look like a fool and like the accident was his own fault. He must not lost his temper and pop off at the defense lawyer.

Drunk doesn't have a leg to stand on (no pun intended). Stand your legal ground.

Also, the boss must make reasonable accommodation for BF until his leg heals under the ADA, as he is considered disabled at the moment. I'm assuming you guys live in the US.

[LillFilly]

Also, the boss must make reasonable accommodation for BF until his leg heals under the ADA, as he is considered disabled at the moment. I'm assuming you guys live in the US.

Yes, there are jobs that boyfriend can do or at least help with, but there's several jobs that only boyfriend and boss know how to do; so when boss screws-up, he depends on boyfriend to fix it. Which is the problem, because those jobs involve lifting, standing, bending. Boyfriend has had to put his foot down a few times and say he couldn't help boss with the problem, but I guess it's just easier to fix it himself than try to talk boss through the process for an hour. He's promised me that he won't strain his leg and will tell his work when it's too much; I keep pushing him on that. Hopefully the brace will help.

[LillFilly]

Update...Again.

Boyfriend is now back to work full-time. He will still need surgery, and afterwords will wear the brace for 1-2 years.

We found out that this accident was the DUI Driver's 3rd for 2011; but since he hadn't been convicted of the others yet, he still had his license. Apparently, 3-DUIs in a year means he will now lose his license. I hope that he will have to bike to work in the winter too now!

Boyfriend's Lawyer is looking into how much the Driver can be sued for; I think it might be caped by the insurance policy, but there is probably also the civil route. But I don't believe you can get pain and suffering in civil court. Also, I realized that you can win a suit, but not be able to get the other party to pay. That will be where wage garnishment comes in

I think it would have been so much easier on him if he'd broken a bone; those get set and healed. Tendons and muscles need to be sewn back together and then they just never heal to the same strength.

[Redbeard]

wow! Glad to hear your bf is only going to be out for a month, I've seen MUCH worse injuries from truck on bike collisions!

[LillFilly]

wow! Glad to hear your bf is only going to be out for a month, I've seen MUCH worse injuries from truck on bike collisions!

Actually, he was out of work for about a month and a half, then worked half days for a couple weeks, and got back to full days this past week. No telling how long he'd be out of work after the surgery either. But you're right about him being lucky. If he'd been further into the intersection, or the Driver faster, he might have hit the front of the truck instead of the rear and might have gone under the wheels, or if he'd swerved right instead of left? He seems to have his share of luck, but it never seems that way at the time, does it?!

[telecom_goddess]

you seriously mean it takes THREE dui's to lose your license? That should happen after the first dui, no passing go, no second chances.

I can't believe someone is stupid enough to drive drunk and get caught three fucking times. Do they NEVER learn?

[PepperElf]

you seriously mean it takes THREE dui's to lose your license? That should happen after the first dui, no passing go, no second chances.

I can't believe someone is stupid enough to drive drunk and get caught three fucking times. Do they NEVER learn?

depends on the state.
In VA it's only 2 as long as they're both "moving violations".... which also means they include bui - biking under the influence

[Jetfire]

Going just from my extensive knowledge of USian law from the Judge TV shows (Judy, Mathis, etc...), I do believe you can get Pain and Suffering from Civil Court cases in certain circumstances. Considering what your BF is going through, it probably would qualify. Of course your lawyer will know best how to handle it; probably after the criminal case and insurance settlements so you have an idea of what to go for afterwards.