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Wonderful, bookmarkable post. Unfortunately!

Good to know about suing in Montgomery County, because I'm certain it'll be a Maryland driver who takes me out.

Send this to your friends who ride.

This was fantastic. Thanks, Tracy, and I hope you're fully recovered.

Thanks for the info.

thank you! that was very informative. I was lucky in that the driver who hit me took responsibility at the scene. I decided to settle with the insurance company rather than go to court--in part because the driver who hit me lived far away. I'm sure my conversations with the physical therapists could have been used against me!

I'm curious if you ever had a conversation with the driver after the accident. I have thought often about trying to contact the person who hit me now that the case is settled. it seems like our contact was so intimate (I could have died!) yet we know nothing about each other.

It's very helpul to get this first-hand account of the thinking and tactics. On "venue" I had been assuming that the law of the jurisdiction where the accident takes place governs, rather than the law of where the case is heard, so that negligence, contributory negligence, and last chance would all be based on the duties as defined in the District of Columbia. It's an interesting twist if the law of focum state applies, as you suggest. If that's really the rule, then if Maryland cyclist crashed with PA driver in PA, the PA driver should sue Maryland cyclist for damage to his bumper before MD driver sues him in PA.

@Shiftless: Over the weekend, I heard the story of a British man who made friends with his kidnapper. Usually it works better if the admitted perpetrator makes contact, so that "I'm sorry" is the opening line.

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