I was commuting to work on my bicycle and was struck by a car that was going across the street. This did not happen at an intersection, but rather the driver was moving their car from one side to the other.
The road this happened on had a marked bike lane but I was not in the marked area.
After striking me the driver exited the non commercial vehicle and tried to pick me up, but I could not stand. They begged me not to call the police because their "license is revoked." I agreed and they stowed my bike in their garage, which we were right outside of.
I asked the driver to take me to an urgent care facility and they complied. They gave me their phone number, name, and their wife's phone number.
Once I was at urgent care, the driver left. The urgent care called the police, but once they informed me the driver would be arrested should I provide their information, I decided not to file a report.
The urgent care diagnosed me with a sprain and I worked from home for 2 weeks.
After 2 weeks I was not better so I went to a hospital which diagnosed me with a compound heel fracture, that does not require surgery but requires 4 weeks of rest and elevation.
100% yes. Your injury sounds quite significant and satisfies the serious injury threshold needed to recover money here in New York. The problem will be whether or not you can identify The other vehicle. You should contact a local attorney for a consultation. Act swiftly because the more time that goes by the more difficult it will be to resurrect a claim. Best of luck
The aforementioned opinion does not constitute legal advice and is for general educational purposes only. See an attorney licensed in your jurisdiction for competent legal advice. No attorney-client relationship has been formed through the within legal question and answer session.
You have a potential case, with some work the driver of the vehicle can be identified, you can potentially proceed with your civil action without getting the driver arrested. By the way we don't know for sure if the driver's license was revoked, if not then it would be a civil matter. Whether or not you decide to pursue is a personal matter which is up to you. You should contact an attorney asap to see if the driver can be located.
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