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I had a crash...a big one!
- Thread starter trevor
- Start date
I never did understand that new math.
Maybe there were leap years involved?
With new hips, I'd hope so.
Update...I was to have my hip replacement surgery today. But I decided along with my surgeon to wait. I have been getting around pretty good now...walked 2kms yesterday and 3 the day before with no cane. I got a little sore...my doctor said the fact that I do not take daily pain medication is an indicator that waiting is ok....I am really busy at work right now...covid seams to make people use more...hmm...and I am riding again..did a 800kms round trip on the weekend with no pain meds.
And the big thing is my mental state...I'm still going to 30 plus physio etc appointments a month but I just don't think I can handle the setback mentally that having the surgery would result. I want to enjoy the summer.
Of course I still need the surgery..it won't ever heal..the fracture is screwed...the doctor says it's the right thing to do...and someone else will take the spot that probably is in more pain than me.....so we are shooting for September....I'm happy with that....I'm sure my lawyer won't be happy as this delays my case.
Oh and I got a letter last week from the Crown that they are charging the guy who hit me with "Drive a motor vehicle without due care and attention". And I have been asked to prepare a victim impact statement to read in court.
And the big thing is my mental state...I'm still going to 30 plus physio etc appointments a month but I just don't think I can handle the setback mentally that having the surgery would result. I want to enjoy the summer.
Of course I still need the surgery..it won't ever heal..the fracture is screwed...the doctor says it's the right thing to do...and someone else will take the spot that probably is in more pain than me.....so we are shooting for September....I'm happy with that....I'm sure my lawyer won't be happy as this delays my case.
Oh and I got a letter last week from the Crown that they are charging the guy who hit me with "Drive a motor vehicle without due care and attention". And I have been asked to prepare a victim impact statement to read in court.
Update...I was to have my hip replacement surgery today. But I decided along with my surgeon to wait. I have been getting around pretty good now...walked 2kms yesterday and 3 the day before with no cane. I got a little sore...my doctor said the fact that I do not take daily pain medication is an indicator that waiting is ok....I am really busy at work right now...covid seams to make people use more...hmm...and I am riding again..did a 800kms round trip on the weekend with no pain meds.
And the big thing is my mental state...I'm still going to 30 plus physio etc appointments a month but I just don't think I can handle the setback mentally that having the surgery would result. I want to enjoy the summer.
Of course I still need the surgery..it won't ever heal..the fracture is screwed...the doctor says it's the right thing to do...and someone else will take the spot that probably is in more pain than me.....so we are shooting for September....I'm happy with that....I'm sure my lawyer won't be happy as this delays my case.
Oh and I got a letter last week from the Crown that they are charging the guy who hit me with "Drive a motor vehicle without due care and attention". And I have been asked to prepare a victim impact statement to read in court.
Really ? I saw that video of what happened ...... What the fuddle duddle does the Crown define as " dangerous driving " ...... Running a stop sign and schmucking somebody meets my definition .....
Oh and I got a letter last week from the Crown that they are charging the guy who hit me with "Drive a motor vehicle without due care and attention". And I have been asked to prepare a victim impact statement to read in court.
I'm largely ignorant of the legalese of the laws of the North, but that statement doesn't sound like the crime, if found guilty, would carry any amount of prison detention as a sentence. Hopefully, there's compensation in it for you.
Nope..just a fine of $400 and 6 demerit points....better than failing to yield I guess...and I at least get to confront him in court. He's been lying saying that we both stopped and both went at the same time...lol
Lol
I know...I hear ya...
I'm getting in good shape for sure...I actually weigh a few pounds lighter than when the accident happened...and I was in the best shape of my life then. And you are right..the better shape I'm in the quicker the recovery.
Btw we are headed your way June 10-11-12-13....if you are interested in joining us. I looked up "Driving a motor vehicle without due care and attention"and the driver can get a driving prohibition too. We'll hope for that and the maximum fine of $2000.
But with the new ICBC* approach, this might be old info?
Apparently, even where death is involved, it is very difficult to raise a motor vehicle incident to "Criminal Negligence" .
It's very hard to get revenge in court.
* ICBC is British Columbia's Motor vehicle insurance corporation representing both parties and does whatever it can to stymie court cases now.
But with the new ICBC* approach, this might be old info?
Apparently, even where death is involved, it is very difficult to raise a motor vehicle incident to "Criminal Negligence" .
It's very hard to get revenge in court.
* ICBC is British Columbia's Motor vehicle insurance corporation representing both parties and does whatever it can to stymie court cases now.
My lawyer has prepared my case for court. And icbc will have to pay dearly to avoid going to court with us. The "new icbc approach" has nothing to do with cases of severe injuries like mine.
I hope he does lose his license....funny, if he had just admitted that he ran the stop sign I would not be the "dog on a bone" in seeing him punished.
The usage of law often evolves rather than change. When I was a kid " Without due care and attention " was what you got if you pi$$ed the cops off ..... The key thing is that it isn't a " criminal offense " .... Six points and a fine ..... I don't think " Criminal Negligence " is appropriate in Trev's case but there is a law that is ..... " Dangerous Driving " is a criminal offense and there is a latitude of penalties that can be imposed ..... This is what I thought would have been the proper charge for the Crown to make......
I think for a dangerous driving ticket there would need to be proof of intent to injure.
You could be right .. I'm not sure .... I downloaded this from a legal site ... " For a dangerous driving conviction, the Crown must prove that the driver intended to drive the vehicle in a manner, when viewed objectively, that amounts to a departure from the standard of care expected from a prudent driver. Courts have held that for dangerous driving, there must be a “marked departure” from normal driving. ".... I guess it comes down to how one interprets a " marked departure from normal driving " .... In my eyes normal drivers stop at stop signs but I don't know whether that reaches the legal interpretation ........
He lied to rcmp...but the cop told me "it's not illegal to lie police, people do it all the time"....I certainly question that. Too me that would fall under "obstruction of justice"...because now I have to prove that he didn't stop. The goodness for the video.
I've got lots of opinion! but I think you might be softening tward "nice guy" saying,
I guess this won't be a Perry Mason thing beyond a "victim statement" to give you a chance to tell your hurt, but my fantasies consider that if the judge catches him (or you!) really lying or combative it hurts badly.
I think if the judge thinks you are trying to "punish" the offender, by embellishment, that will do no good. Just the facts. Angry, sure of course but follow directions.
The experience of being smacked, exploded and broken by the total suprise and speed is pretty powerful. I bet the video will help if the judge gets to see it!
ADDED: You're really lucky to have that video. Judges want a witness sooo badly because without a third disinterested party, the truth is somewhere between two interested parties. I say, "you're lucky" because it really hurts if you don't get the fault fully laid on the side your righteous ire craves.
but I think you might be softening tward "nice guy" saying,
Running a stop sign is not forgiveable. period. Or at least, there'd have to be an awful lot of evidence to show it was obscured. As to the defendant lying to the policeman, it's probably hard for a judge to include that in a "judgement" as "lying" and or just a persistently incorrect remembrance. People can swear to a lie and it's hard to prove they are, by intention, changing the facts they know to be true. (ie: confessing to a police informant in jail etc.)
I guess this won't be a Perry Mason thing beyond a "victim statement" to give you a chance to tell your hurt, but my fantasies consider that if the judge catches him (or you!) really lying or combative it hurts badly.
I think if the judge thinks you are trying to "punish" the offender, by embellishment, that will do no good. Just the facts. Angry, sure of course but follow directions.
The experience of being smacked, exploded and broken by the total suprise and speed is pretty powerful. I bet the video will help if the judge gets to see it!
ADDED: You're really lucky to have that video. Judges want a witness sooo badly because without a third disinterested party, the truth is somewhere between two interested parties. I say, "you're lucky" because it really hurts if you don't get the fault fully laid on the side your righteous ire craves.
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I don't know why the judge wouldn't see it...it's been sent to the crown to get the charges we have now...it's part of the evidence. As for the stop sign being clearly marked...not only is it a four way stop..but it has flashing red lights above the intersection...lol...plenty of warning.I've got lots of opinion!
I guess this won't be a Perry Mason thing beyond a "victim statement" to give you a chance to tell your hurt, but my fantasies consider that if the judge catches him (or you!) really lying or combative it hurts badly.
I think if the judge thinks you are trying to "punish" the offender, by embellishment, that will do no good. Just the facts. Angry, sure of course but follow directions.
The experience of being smacked, exploded and broken by the total suprise and speed is pretty powerful. I bet the video will help if the judge gets to see it!
and I certainly don't have to embellish my story...20 broken bones, two surgeries for my hand, and now an upcoming total hip replacement. Lol
I can hardly wait. I hope it hurts. I want to whip the people that make "California Stops" so you can imagine...
