 |
|
 |
|
 |
||
|
|
||||||
 |
 |
 |
 |
 |
||
|
Bicycle & Skate LawWhy Sue Dead Beat Drivers for Injuries to Bicyclists?The bicycle community mourns together when one of our members is seriously injured in a collision with a motor vehicle. Our sadness is mixed with anger when we discover that a motorist who has caused a serious accident was driving recklessly or while intoxicated. Frequently, drivers who cause the most serious accidents are driving with little or no insurance. The realities of litigation are such that unless the bicyclist has a substantial uninsured (UM) or underinsured (UIM) motorist coverage policy limit there is little profit incentive in representing even a seriously injured bicycle rider, and these cases do not get filed. Previous articles have covered the importance of obtaining substantial (over $100,000.00) limits on UM and UIM policies. In a nut shell, this insurance allows an injured bicyclist to make a claim directly against his or her insurance for injuries caused by a motorist who has insufficient insurance coverage to fully compensate the bicyclist for his or her injuries. The legal minimum in Oregon for a UM and UIM policy is $25,000.00, a sum completely inadequate for covering any serious injury; however, UM and UIM insurance coverage costs less to purchase in higher amounts and is a good insurance bargain. When a dead beat driver causes a serious injury and there is little or no insurance coverage available, many bicyclists and attorneys simply give up and let the criminal justice system exact whatever punishment will be imposed. Letting reckless or intoxicated drivers get off without civil penalties sends the wrong message. It is important that bicyclists use the civil justice system to create accountability for injuries. While it is true that a civil judgment against a deadbeat driver may not actually result in any payments, there are a number of good reasons to pursue a case, obtain a judgment, and pursue a collection effort. While some injured riders feel defeated by "the system," an outstanding civil judgment creates an important record and under certain circumstances will even withstand an attempt by a judgment debtor to escape liability through bankruptcy. Uninsured or underinsured drivers who have caused serious injuries to bicyclists through reckless or intoxicated driving frequently end up in criminal or traffic court for their conduct. Usually criminal or traffic cases are resolved within six months or so of arrest. The statute of limitations in most civil cases, on the other hand, is two years. This means that in most cases an injured bicyclist can wait until the conclusion of the underlying criminal or traffic prosecutions to find out what happens to the driver. A lawsuit can then be filed in civil court against the driver. Frequently, reckless or intoxicated drivers have no insurance and make no appearance in response to the case, resulting in an order of default and a civil judgment can then be obtained in a streamlined manner in court. Once a judgment is entered and docketed, the judgment creditor can record it in any county and it remains in force for up to ten years and then may be renewed. Further, if the judgment is not satisfied within sixty (60) days of entry, it results in a suspension of the driver's license of the reckless or intoxicated driver. Suspension continues until the person settles the judgment or up to seven years. If the driver is convicted of assault with a motor vehicle, was criminally negligent, driving uninsured, or reckless, then the person's driver's license will also be suspended regardless of whether or not they pay any outstanding money judgment. Frequently, people mistakenly believe that any judgment against a dead beat driver will just be discharged in bankruptcy. However, the federal bankruptcy law creates a number of exceptions to the general rule allowing forgiveness of debt. For example, in cases of "willful and malicious injury" (intentional torts) or damages caused by operation of a motor vehicle while intoxicated the law protects a judgment from a bankruptcy petition. In other words, intentional, malicious conduct or intoxicated use of a motor vehicle when it results in damages to bicyclists are protected from the bankruptcy laws. For a number of years Oregon bicyclists have had a zero tolerance policy for harassment by motorists, utilizing the court system to prosecute drivers who intimidate or injure bicycle riders. Obtaining a civil judgment that is enforceable for a decade or more, causing suspension of drivers' privileges, and protecting a money judgment from bankruptcy discharge are all procedural tools available to injured riders. In accidents caused by drivers who are reckless or intoxicated, even when there is little or no insurance involved, it is important to follow through and create accountability. An injury to one of us is an injury to all. |
