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Buffalo
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« Reply #30 on: June 21, 2015, 11:19:00 PM »

Good to hear you are past the first big hurdle.  That tendency to overdo it on the first day is understandable.  You will quickly learn just how much you can work it before it says "hey dummy what are you doing to me". 
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Craig
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« Reply #31 on: June 21, 2015, 11:20:24 PM »

Get well soon Steve.
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« Reply #32 on: June 22, 2015, 03:10:14 PM »

Yay. Glad to hear you are ambulatory again.
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« Reply #33 on: June 22, 2015, 10:36:56 PM »

Oh man Steve this is the first I've seen this! Good to hear your OK and on the mend
Are you going to be rally ready?
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« Reply #34 on: June 23, 2015, 02:48:33 AM »

Keep up the good progress.
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« Reply #35 on: June 25, 2015, 02:56:42 PM »

That sounds like you've really been rehabbing and healing up well. Great progress!
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« Reply #36 on: August 16, 2015, 08:52:09 PM »

I suppose an update is in order.  I don't know that this'll be of great interest to anyone but it might be useful as a primer for folks who haven't gone through this sort of mess.

I've been shuffling around with just a cane for about two weeks.  It's WAY better than being all but immobile but I really still can't do much of anything.  My knee is still quite stiff & swollen, and quick moves and any twisting is quite unpleasant (he stated as nicely as possible).  I see the surgeon again Wednesday (16 weeks post accident/surgery).

I didn't initially go looking for an attorney but through the first month the lady who pulled out in front me would not respond to my insurer, so I did get one ... now whatever transpires will have the benefit of his expertise.  The lady's insurer did finally respond, almost coincidentally (but not because of) my getting an attorney.  Since that time they hired an adjuster who declared the bike totaled. I don't think there's anything structurally wrong but it looks to me like every piece of plastic on the left side needs replacing and, by my reckoning, that adds up to just under $1,700 in parts alone.  Throw in installation and the cost exceeds half of the bike's value which is generally an insurer's target for the repair / replace decision.  Their settlement offer for the bike is in line with both the Kelley and NADA value estimates, and they agreed to bump it up a bit for the accessories I had added to the bike.  Obviously I'm not happy about any part of this situation but the vehicle part at least seems reasonable.  More than anything I think it a positive sign that they apparently are taking responsibility without dispute.  I haven't yet seen an offer for the damaged riding gear.

Settlement for medical costs and other compensation (as appropriate) has yet to be broached ... that'll be where the attorney's expertise comes into play.  There's a lot of "what's reasonable" data out there, just not readily available to the average Joe.  FYI, medical costs (which obviously aren't all in) already stand at about $85K billed (of course what they'll take from insurance will be less).

There's a lot to the whole process, far beyond just healing, though that's still paramount.
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« Reply #37 on: August 16, 2015, 09:58:50 PM »

Your injury settlement depends on much more then the size of the medical bills although they do factor in.  The length of recovery, lost wages, any permanecey, all figure in as well as what a jury has done in your state and county in trials of similar cases.  Chicago is a fairly stingy location and without major permanecey or lost wages a case like that is worth between 150 k and 225 k assuming the other driver is totally at fault.  Also your attorney should be able to settle with the medical lien holders for no more then a third of your settlement.

BTW hopes for a speedy recovery!
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« Reply #38 on: August 17, 2015, 01:10:25 AM »

Most people I know have received 3 times their medical bills. Of course the lawyer gets a third.
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« Reply #39 on: August 19, 2015, 03:54:18 PM »

Great to hear that you are getting better.  I cringe every time I watch your video.  I remember as a young kid about 18 I lad pulled out in front of me like that but I was luck and shot through a driveway, down the sidewalk and out another person driveway.  If that driveway opening wasn't their I would of been down.  I was less than 3 miles from my house.  Both accidents although non my fault I was less than 3 miles from home on each one.  Goes to show that it can happen close to home or far but the danger is still the same.

I will say I have less people aiming at me ever since I switched to a high viz helmet and a hi viz vest from Fly Racing.  I still know that some how someone still wont see me so I'm always on alert.
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« Reply #40 on: November 05, 2017, 04:24:36 AM »

It's been over two years since I started this thread as a result of my minor crash/major injury triggered by a lady who "didn't see me" and pulled out into my path.  A handful of screws, a plate, some "bone putty", and two surgeries put my knee back together fairly well.  It's always stiff, but isn't painful all the time, and I can walk slowly without a limp (not so true when in a hurry).   It took just over two years for the lawsuit to be settled - ended OK I suppose, but I'd much rather have had the lost time and my undamaged knee back (my feelings upon settlement were just of relief, not at all of celebration - nobody "won").

But what prompted this follow-up is an article I read in the AMA's magazine regards reacting to a locked up rear wheel.  Certainly every event is unique to its particular circumstances, but their general advice suggests my reaction was the right one, albeit not necessarily on purpose.  The article does not describe my situation other than regards dealing with a locked rear wheel.

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« Reply #41 on: November 06, 2017, 01:47:47 AM »

It's been over two years since I started this thread as a result of my minor crash/major injury triggered by a lady who "didn't see me" and pulled out into my path.  A handful of screws, a plate, some "bone putty", and two surgeries put my knee back together fairly well.  It's always stiff, but isn't painful all the time, and I can walk slowly without a limp (not so true when in a hurry).   It took just over two years for the lawsuit to be settled - ended OK I suppose, but I'd much rather have had the lost time and my undamaged knee back (my feelings upon settlement were just of relief, not at all of celebration - nobody "won").

But what prompted this follow-up is an article I read in the AMA's magazine regards reacting to a locked up rear wheel.  Certainly every event is unique to its particular circumstances, but their general advice suggests my reaction was the right one, albeit not necessarily on purpose.  The article does not describe my situation other than regards dealing with a locked rear wheel.

Thanks very much for checking in and providing an update. Prayers and best wishes for your continued recovery.

On a couple occasions while teaching the Basic Rider Course, I have observed students entering a curve at less than 20 MPH, as the MSF article notes "even at slow speeds," skid the rear wheel, release the rear brake, and high-side with surprising force. The MSF article also uses the language, "...vigorously lift and twist the rear of the bike, ejecting the rider..." which is unfortunately quite accurate.

However, some students remain upright on two wheels, but far off the intended path of travel. The facts of each incident are truly different, as the article states. Even if the high-sided student has no injury, this represents a challenging coaching moment.

Please take care and continue recovering!
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« Reply #42 on: November 06, 2017, 01:10:25 PM »

Good info!


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« Reply #43 on: November 06, 2017, 07:30:29 PM »

Thanks for the update an the pertinent MSF article.

I hadn’t seen this post previously so went to the first post. I find it disturbing that the lady and/or her insurance company didn’t proactively act to compensate you for your material loss and for your medical costs/pain and suffering. Did you check with your insurance provider to see if they would the legal service needed vice using an outside attorney? Years ago I was rear-ended on the Interstate and the person at fault was uncooperative. I called my insurance agent to notify them of the crash and possible to file a claim as the cost for repaying my car was several thousand dollars more than my collision deductible. They ended up paying my repair bills and sueing the person at fault and his insurance company. Got my deductible payment back and no black mark on my insurance record.
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« Reply #44 on: November 06, 2017, 08:13:11 PM »

Wish I could tell you that the knee will improve from what you are experiencing now.  However my experience tells me that is about as good as it gets for that particular injury.  I'm close to 4 years now on mine.  Still have to concentrate to walk without a limp.  Running is out of the question.  I can jog after a fashion but it's not pretty.  Worse is if I put my weight just so on the ball of my foot.  Then the knee gives way and I stumble.   It's just like that old trick where someone slips up behind you and pokes you right in the bend of the knee and your knee gives way.
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« Reply #45 on: November 08, 2017, 10:54:39 PM »

I find it disturbing that the lady and/or her insurance company didnít proactively act to compensate you for your material loss and for your medical costs/pain and suffering. Did you check with your insurance provider to see if they would the legal service needed vice using an outside attorney?

They ponied up right away for the bike and my gear (after I had an attorney), but were not so forthcoming regards medical costs/pain & suffering.  Eventually they offered the limits of liability on her base policy but kept dodging my attorney regards any additional coverage.  Only after the lawsuit was filed (which named a calculated amount based on incurred & future costs and history in my state for similar injuries) did they reveal there WAS additional coverage (pretty much forced their hand).  My attorney was really pissed because he said if he'd have taken their word he would have committed malpractice (it's complicated regards his responsibility under the law).  And, since they'd acted in bad faith, they might have been violating a law which requires just the opposite of insurers in my state.  Given that they settled for more than what they implied was their limit of liability, it's a good guess that they weren't initially forthcoming.  Of course I understand that their job is to settle for as little as possible, but operating outside the intent (if not the technical requirements) of the law is disturbing.  We wasted a lot of time and effort playing games getting them to come clean.

Yes, the first thing I did was contact my insurer who could get no response from the lady or her insurer* despite trying a variety of approaches ... but they made no offer of taking on the task of pursuit.  Perhaps if I had pressed them harder, but I didn't have a reason to, or even think it was a possibility.

* Her insurer basically responded by saying until she contacted them, they'd have no response.
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« Reply #46 on: November 08, 2017, 11:14:54 PM »

Wish I could tell you that the knee will improve from what you are experiencing now.  However my experience tells me that is about as good as it gets for that particular injury.

Considering how badly my knee was damaged, I feel lucky that it's as good as it is.  In the follow up after the hardware was removed my surgeon said he'd done the best he could but, beyond the 5-7 pieces of tibial plateau he'd identified, the rest was "just dust".  Like you said, certain "just so" positions can deliver a sharp pain, and it doesn't like to be extended (straightened - so if I put my legs up on a footstool I have to put my right leg under it.  Same if I'm lying on my back in bed).

I can't recall if I covered it here but I've been asked why he didn't just go ahead and do a knee replacement.  The reason is that the replacement is anchored in/on the tibial plateau, and half of mine wasn't sound enough to be used.
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« Reply #47 on: November 09, 2017, 01:39:19 AM »

Yeah that's the situation my brother is in.  His was busted up at least as bad as yours.  Doc pretty much said he could live with it or remove the lower leg and get a prosthetic.
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« Reply #48 on: November 09, 2017, 04:37:15 PM »

How about naming the offending insurer, so we can steer clear of them? Being based upon your personal experience, there shouldn't be any concern with liability, and I ( I'm sure others) choose not to do business with companies that choose to conduct themselves in that manner.
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« Reply #49 on: November 09, 2017, 05:42:06 PM »

I am amazed at the number of aches and pains i have now based on injuries sufered when young or just from living life that can affect my mobility from day-to-day. None of which compares to your knee injury. My sympathies.

How do you like your Spyder?
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« Reply #50 on: November 14, 2017, 05:45:34 PM »

Yeah that's the situation my brother is in.  His was busted up at least as bad as yours.  Doc pretty much said he could live with it or remove the lower leg and get a prosthetic.
Well mine must be in better shape than his as the surgeon said I'm now good to go for a knee replacement should it get bad enough that I need one (which both he and a consulting surgeon opine that I am likely to require some day as my repaired joint is prime territory for arthritis to invade).
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« Reply #51 on: November 14, 2017, 06:19:50 PM »

How about naming the offending insurer, so we can steer clear of them? Being based upon your personal experience, there shouldn't be any concern with liability, and I ( I'm sure others) choose not to do business with companies that choose to conduct themselves in that manner.
Well, clearly a rider's opinion of the accident is biased but other folks might suggest that the lady's liability was partial since I didn't actually hit her (apparently that's key in some states) ... and the insurer's attorney was set to argue that some of the fault was mine because I didn't "react properly" to avoid the accident (e.g., sounding horn, more controlled braking, swerving left [no oncoming traffic], or swerving right [grassy shoulder]).  Actually, I did avoid hitting her (somehow that was over his head), but I digress.  Of course he knew nothing about motorcycles (in my deposition he kept pressing me to reveal the horsepower of my bike and refused to believe it wasn't published somewhere.  I had searched many times for that info from Suzuki on my 400, and never found it).  Though, as riders, we know that expecting such reactions as the norm is far fetched given how quickly "things happen", but who knows what a jury might have concluded.  So, despite my interest in having the chance to refute the insurer's attorney's claims (I had a ton of references), we settled in mediation.  Basically it came down to taking what they offered in mediation versus rolling the dice with a jury for what probably wouldn't have been as much as 10% more (and could have been less).

I'm not bothered by the fact that they didn't immediately step up and offer huge sums of money ... that's not how they stay in business. The galling factor (pissed off my attorney even more so than me) was that they suggested he look elsewhere (e.g., my insurer) for any damages beyond her base coverage.  His take on that was that they were acknowledging the damages were greater than what they were offering, and yet they were silent on that fact that they knew of (and in fact underwrote) additional coverage that she had (the latter possibly being a violation of our state's law regards good faith negotiations).

The insurer is not likely one you'll encounter in your neck of the woods, Kentucky Farm Bureau (they sell insurance only in Ky).  They get 2 1/2 stars (out of 5) regards claims performance as rated by Expert Insurance Reviews.
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« Reply #52 on: November 14, 2017, 06:31:49 PM »


Well mine must be in better shape than his as the surgeon said I'm good to go for a knee replacement should it get bad enough that I need one (which both he and a consulting surgeon opine that I am likely to require some day as my repaired joint is prime territory for arthritis to invade).

Yours must be somewhere between mine and his.  In addition to his tibial plateau being pretty much destroyed the tibia above his ankle was broken in two places and had to be screwed back together with a plate. 

Doc said that arthritis and a knee replacement are probably in my future also. 
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« Reply #53 on: November 14, 2017, 06:33:44 PM »

How do you like your Spyder?
I see from your listing that you have the same Spyder as me - 2016 RT Ltd SE-6.  I like it quite a bit though, as I'm sure you know, it's hardly like riding two wheels.

As my wife and I keep our daughter's 16 month old twins 5 days a week, I haven't ridden it nearly as much as I'd like.  Besides tying up the weekdays, catching up on our routine chores and other interests eats up much of the weekend.

It's taken a while but you do eventually find that rolling through the turns is it's own kind of rush, once you get comfortable putting on the power as you come out of the turns (and fighting the inertia that would like you to exit the bike).  Though quite different (no leaning), it is something akin to doing the same on two wheels.

And the stability is outstanding.  On our first distant outing, we found ourselves rolling down the interstate in the rain, passing semi's at 70+ mph.  Of course I have to admit that my confidence rose more quickly than I might have expected as I was following Pete & Maggie on their Spyder on our way to Spyderfest.
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« Reply #54 on: November 15, 2017, 08:37:20 PM »

It was the stability that drew me to the Spyder. My wife has some physical limitations that would not allow her to ride on a standard motorcycle/scooter. Haven’t had it long but both of us are thoroughly enjoying our around-town rides.
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