A New York City cyclist who spent three days in intensive care after being hit from behind by a motorist is being sued by the driver for the damage sustained by her vehicle as it dragged his bike along after the collision.
Installation artist John Roemer says it was only by rolling to the side of the road after the crash in Williamsburg, Brooklyn in May this year that saved him from more severe injuries than the multiple pelvic fractures he suffered when he was hit by an Infiniti saloon driven by 25-year-old fashion photographer, Kionnei Lyons.
“I just got slammed from behind, and I didn’t know she was even close to me,” the 27-year-old told the website Vocativ.com. “I fell to the side, and the bike and the car kept going,” he went on. “She had to stop because the steel frame was dragging.”
He said the motorist asked him, “What happened?” and “Are you OK?” Officers from the New York Police Department arrived on the scene, as did the driver’s boyfriend, with Roemer recalling, “He was like, ‘What happened to my car?’”
The cyclist cannot clearly recall how he incident happened, and is still recuperating. “It’s not just the pain from the broken bones but the muscles in my leg and aches. There could be some nerve damage,” he said.
His bike was written off, with Lyons’ insurance company reimbursing him for that, as well as the hospital bills he had to pay.
Now, however, the driver is pursuing a small claim against him for $2,000 in respect of the damage to the car – a sum he says he cannot afford to pay.
“It’s like, do you not get it?” he said. “I don’t have $2,000.”
Lyons herself told Vocativ.com that the incident wasn’t her fault, although she didn’t say she was blaming Roemer, either.
“There was no bike lane,” she explained. “There was a large truck that caused us to merge.”
She added: “The car was not able to drive away at all,” something Roemer, who says he observed her depart in the vehicle with her boyfriend afterwards, disputes.
“The inside of her wheel was kind of messed up, but afterwards the car drove away,” he maintained. “It was just like some cosmetic damage.”
Nevertheless, the driver insists she is due compensation, saying: “I got zero, zip dollars, and he got paid a lot of money. All I’m doing is taking him to court for my car damages. I need to get paid for my car damages.”
Daniel Flanzig, a lawyer acting for Roemer, aims to get the case thrown out. He said: “This is somebody who doesn’t take responsibility for her actions. There was zero responsibility on John’s part in causing this crash. I have no idea what’s in this woman’s head.”
After news broke of the lawsuit, Lyons changed the name of her Twitter account – leaving the way open for someone who is firmly on the cyclist’s side to set up a spoof account using the motorist’s first name and surname.
Some may view the use the spoof account's use of an avatar of a photograph of a high-profile incident in Mexico in 2008 in which one cyclist died and more than a dozen others were injured after a drunk driver from the US ploughed into a bike race as being in questionable taste.
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I guess we are not getting the cyclist's full story either but the quote of
"“It’s like, do you not get it?” he said. “I don’t have $2,000.”"
seem too be missing the point somewhat.
I will put it down to ... interesting... journalism.
didds
Clearly it's not the insurance which covers her vehicle damage then as it would here if fully comp. As for the discussion about legal fees. It does have SLAPP written all over it only in this case she obviously wants her victim to suffer even more by her snatching compensation off him. He should counter for harrassment.
Sadly the mercuns are idiots and will always win the Darwin awards with views such as this
Better call Saul
This is everything that is wrong with the world.
Its not Rocket Science If you had been paying attention and hadnt mowed down the cyclists you would never have damaged your car, nugget.
The silly sausage describes herself as an "Anti cyclist activist" on her twitter feed so she's obviously not the sharpest lens in the camera bag. She's also raised a sh+t storm for herself. I doubt she'll get a cent.
She maims someone on the road ahead and goes after them for damages. Like charging the lynched man's family for the rope. The modern sense of entitlement is truly abhorrent.
That would be the spoof account. Go make a coffee
!!!
This awful story has little do with cycling and everything to do with the modern culture of blaming someone else for your own mistakes. There are a lot of great things about the USA but the ability to sue anyone for anything makes one shake their head.
"I have no idea what’s in this woman’s head.”
I do; it is a sense of entitlement. What is lacking from her head are feelings of remorse or responsibility.
Americans are funny.
It's not funny, but shocking, this is happening in the UK aswell.
Remember the policewoman WPC Kelly Jones who sued the owner of a property she was called out to, falling over a step and suffering minor injuries. FFS blame anybody but yourself!
99 times out of a 100 they lose. The joke (and bill) is on them.
I used to work in America and the system isn't as daft as we often think, it's just a different approach. European countries are biased towards health and safety, Americans just sue after an accident. One system establishes compensation through legislation, the other through precedent, effectively case law vs statute.
And yes, some of the things people think they can sue for are frequently very, very funny.
Yes, if they lose they have to pay their own legal fees, but an aggressive claimant is not required to pay the legal fees of the person inappropriately sued (loser's responsibility for legal fees is common in other countries, not in the USA). This is how USA corporations are able to sue right or innocent people who cannot afford to pay for a proper defence into submission.
Presumably a suit for $2000 will be in a small claims court, for which a lawyer may not be required, but the time and preparation involved would be significant in any case.
Much like an assassin who wants compensation for the bullets used and any blood spatter damage.
Whip round to countersue?
Lane merge. She was behind him. It's her responsibility to ensure that the way is clear. End of.
She got zero "zip dollars" because she's in the wrong and needs to pay. MOAR!
Blood ...boiling....she says 'what happened'...duh you ran over a cyclist and his bike...obviously had her mind 100% focused on her driving...
Cannot afford to pay to repair their car.... can afford lawyers and court case.
To be fair it'll be "no-win, no-fee".
Still callous and stupid but it's not going to cost her anything.
The questions I'd ask is why isn't her insurance company paying for it? Third party only, or they reckon it's entirely her fault as well?