Sunday, June 3, 2007

Carson vs The Land Rover

This Blog is to keep everyone updated on my court case that is finaly happing over the next few weeks.



Ironically this Image was taken 2 weeks before I got hit



WOW, hummm, where to start.

The incident was here in Santa Barbara on July, 13, 2005 at around 1330. I was leaving class at Brooks and I made a right turn from one road ( Alston ) on to another ( Hot Springs) which is downhill. I rode about 150 meters and a Land Rover hit me head on at about 40mph, I was going about 20mph. It happened so fast that the only reaction that I could muster was to sprint finish my bike into SUV. In doing this my right hand and right knee were leading into the SUV so they caught the brunt of the impact. I shattered my right patella, I also broke a bunch of bones in my right hand, wrist and arm. So after impact I was thrust into the air and rotated head over feet three times threw the trees that were above me. The person in the car behind me kids thought I was falling out of the tree I was so high. I landed with my butt against the drivers front tire with my lower back under the bumper, I was lucky I didn't get ran over.

I was rushed off to the hospital and my bike was rushed to Fastrack Dave Lettieri shop here in Santa Barbara. I was able to be fixed with some screws, wire and stitches, my Cannondale R3000 was not so lucky. the top tube and head tube were completely detached from the bike and the wheels were tacoed. My helmet ( A Giro Pneumo saved my brain I am sure, it was cracked everywhere. Ironically enough all the filler pictures in the Bell Helmet catalog ( the partner to Giro ) are my shots and since they share a building I got to thank them. On a side note look out for a new helmet from Specialized next year to help save you head.

The hospital was an "interesting" experience. My health insurance ran out two weeks before I got hit and I had my FedEx envelope with my new insurance paperwork in my Timbuk2 bag that I was going to drop of on my way home. So it seamed like I wasn't assigned an actual doctor and I got the nurse from hell at one point. I could not get a straight answer from anyone about my fingers. Less than 24 hours after impact this crazy nurse took away my pain killers, threw some ice on my knee, gave me some anti inflammatories and said that should do it. It was the most painful 12 hours of my life, lucky the night nurse came in and said she was crazy and gave my back my button. Getting mobile to leave the hospital was no fun, any movement of the muscle on the quad made my knee hurt so bad I couldn't stand it. They made some kind of walker with an arm rest in it cause my right arm was in a cast, but that didn't work very well cause my arm was broke so if you put any weight on it, it hurt a lot.

As far as how I am doing, I couldn't get physical therapy for enough time to make any progress. I tried to get back on the bike but it required heavy amounts of Ibuprofen and Vicodin and I didn't like how I was feeling and wasn't sure if it was doing more harm than good. Same with the gym, walking and even swimming hurts, basically extension of the knee under load hurts, I did do some swimming with just my upper body and I am hoping to do more swimming this summer. Another issue is with my hand, holding the camera for any amount of time make it hurt, the same with riding.

So what happened in court today was nothing. The other sides attorney was not prepared, did not file his motions in time for my lawyers to see them before today, so the Judge let the motions in which I understand is not allowed, but she gave my lawers till Wednesday to respond and then we start to do jury selection. They admitted liability cause if they didn't we could drag in her psychologist and her prior DUI into the case. One of the motions was to get the helmet and the bike omitted from evidence since they admitted liability. So I will let you all know more on Wednesday.

8 comments:

D_Blume said...

Good luck Bro! We wil be checking this blog often to see how things are going.
- Darryl

Carson Blume said...

Jury Selection Today, not a whole lot to report. It was funny, one of the guys that I used to ride with was in the jury pool, but he got dismissed of-course. More jury selection on friday and then opening statements in the afternoon.

Coach said...

Carson,

Don't let them away with anything. The defense will try anything to stall you, frustrate the judge and generally make life difficult for everyone involved. I am due in court on July 2nd and my case should have been over a year ago but for the asses that the CalTrans and McLoughlin attorneys made of themselves.

Carson Blume said...

MORE Jury selection today. For anyone that wants to come to the trial we start on tuesday in Department 6 at 9am we go till noon, break till 1:30 then go till 4:30. That will be the same tuesday, wed, and friday, on thursday we don't start till 1:30.

Carson Blume said...

I got cross examined today and he made me out to be a lier with a bunch of details and bad memory.

Carson Blume said...

So the trial ended yesterday, thank god. All the other side did was try to make me out to be a liar with my answers from my deposition concerning; when I worked at Copelands, how long I missed school for and if I had crunches or not.

The interesting thing about my time working at Copelands was that he had that I ended working there in early 2003. I didn't move to Santa Barbara until August of 2003, but I get called a lier when I call it a typo.

As far as how long I missed school and how long I was on the couch it was all a fog in my mind cause I was in pain and on the couch, days seamed like weeks and the drugs didn't help much either. So i stated in my deposition that I missed a session of school cause I though I did, after looking at school records I realized that I didn't so in court I said I didn't miss a session. So again I was a lier, even if the fact that by me saying I missed no school in court is better for their case. Then in the other sides closing statement he out right lied to the jury that I said IN COURT that I missed a session of school.

Finally since monique couldn't find receipts for the crunches and drugs I must not have taken them!?!? I think that one is self explanatory.

But today we will most likely get a figure for the settlement but that is only one battle in the war, we still have to see if I can collect the money from her.

O yeah and he call Monique (my fiancee) a lier too! I almost bit off my tongue.

Carson Blume said...

SO its all over, I got awarded a modest amount of money, but I will most likely take around 2 years to see any of it.

MARY said...

Hey Carson, You do have a bad memory, but it runs in the family! You were hit on JUNE 13 not July 13, 2007. I cannot forget because it was the day before my birthday. Then the trial was on my birthday 2 years later! Love you.