Hit by car, looking for advice

[Luke Bartol]

Hi all,

Little out of the normal rhythm of this list, but thought this group might have experience/advice.

I'm currently in Maine Med after getting hit by a car yesterday on Park Ave, several issues there include the bike lane being impossible with snow, him turning into me, and perhaps distracted driving though waiting to hear back from PD about that all. 

Wondering if anyone here has experience dealing with this in terms of getting things paid for, holding the driver accountable, etc. I'm fortunate to be making a slow but steady recovery but frustrated to be directly experiencing the issues I've been advocating on for years. 

Thanks,

Luke

[Zack Barowitz]

Luke,

I’m so sorry. 

My short answer is to get a lawyer, as you probably know they collect a percentage of the settlement (no upfront or out of pocket costs to you), I can give you a couple of suggestions but I’d rather do that over private message. 

The other thing I know to do is provide as much documentation at possible (where the impact occurred, where you landed, etc. etc.). 

Others on this list, likely have better information than me, but I thought I’d share .

Get well soon. 

Zack 

207-838-6120

917-696-5649
ZacharyBarowitz.com

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[Rania]

Hi Luke,

I’m so sorry this happened to you. I was hit by a car years ago in Philadelphia, and I had to go through my car insurance to get money from their car insurance to cover expenses. 

I hope you heal up quick and get the support you need,

Rania

On Dec 12, 2025, at 12:00 PM, Zack Barowitz <zbar...@gmail.com> wrote:



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[Damon Yakovleff]

Luke, really sorry to hear and hope you get better soon. 

Definitely second that you should contact an attorney as soon as possible. Lauri Boxer-Macomber was very helpful for a friend in a crash, but there are other good attorneys out there as well. https://www.krz.com/practice/bike-law/

Good luck and please let us know if you need anything!

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[Zoe Miller]

I'm so sorry Luke! 

When my mom was hit in 2012, she was successful in getting a settlement through a civil suit. The police report did not support anything criminal. Happy to chat if helpful. 

Sending positive thoughts. 

Zoe Miller

207-838-8382

On Fri, Dec 12, 2025, 12:10 PM Rania <rani...@gmail.com> wrote:

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[John Brooking]

First, glad you’re okay!

I don’t have a lot to add from the good advice others have offered. I have been lucky in that the one time I was hit, the motorist was super apologetic and gave me all his information to pay for everything later, which he did. But I did not require a hospital stay, just a trip to urgent care for an exam and x-ray, bike repair, and some new clothes to replace the ones that got torn.

One mistake I acknowledge is not calling the police, so there is no report. In the moment, the guy was being so cooperative, I didn’t want to jeopardize that. He even gave me a ride home. Of course that was blind trust, which turned out okay, but no guarantee. And I understand that it was also to his advantage to keep it all under the table and pay me out of pocket, especially since we both knew it was clearly his fault: his windshield wipers were not working. Lastly, not having a report means that it’s not in any statistics. So it’s good that there is a police report in your case.

So it sounds like it was a “right hook”, he hit you while he was turning right and you were continuing straight?

John Brooking

Cyclist, Cycling Educator, Technologist

https://www.facebook.com/CyclingSavvy4ME/, http://cyclingsavvy.org

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[Winston Lumpkins]

Oh no! 

Luke, first of all, I'm glad you're able to email and are recovering.  

I'd second everyone who's suggested lawyering up- worth having a conversation with someone at the very least, and Boxer-Macomber has a very good reputation. Don't rely on the police to get everything right... I've never been hospitalized, but have made the same mistake John made and settled under the table so to speak.  Not only does that deprive policy makers of statistics, but puts you at massive risk if you're more hurt than you think... Just throwing that our here for others.

I wouldn't discuss many details of the crash on a public forum until you've spoken with a lawyer though, John's question should probably wait.  

Let me know if you need anything on Saturday evening or Sunday afternoon: take out (Quiero Cafe?), a book, some headphones, anything at all really.  Feel free to email me privately! 

Wishing you luck and healing and effective Doctors.  

-Winston 

Winston Lumpkins IV (he/him/his)

Past Chair, Portland Bicycle & Pedestrian Advisory Committee
https://www.portlandbikeped.org/

winston....@gmail.com
207-408-1508

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[Paul Drinan]

Luke - so sorry to hear this. I'll second the advice from others and wish you a speedy recovery. I'd also encourage you to document as much information as possible including any/all crash information and add photos if possible of your injuries, your bike, the snow-covered bike lane, etc. 

Paul Drinan

W: 207-370-7434

M: 207-615-5202 

pdr...@gmail.com

Vision Zero Maine

Friends of Fort Gorges

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[Scsmedia]

Is there anyone who can get out there and document the site.  Luke noted he is still in the hospital so obviously cannot do it.

I would suggest a private note to confirm location, if you can do it.

Steven Scharf

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[Rauschpfeife]

Hope you weren't badly hurt, and you recover quickly. Did anybody else see it happen? If so, do you have contact info for them? As someone else noted, you'll probably have to get a lawyer, but they'll often take such cases on contingency (i.e. they get paid out of whatever they recover for you). Did the driver stop, give his info, etc.? 

-- 

Best, 

Michael Smith

anacharsis.substack.com

On Fri, Dec 12, 2025 at 11:40 AM Luke Bartol <lukeg...@gmail.com> wrote:

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[Luke Bartol]

Thank you all so much for the advice and well wishes, I am fortunate to be surrounded by family and friends who are helping in my recovery. 

I'll be following up on several suggestions here, but am keeping the details private until everything has played out. 

This has certainly lit a fire under me in this work, and has made me all the more appreciative of all this group does!!

-Luke

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[Myles G. Smith]

Luke, I’m sorry to hear this and glad you’re recovering.

I will photograph the park ave bike lane tomorrow on my way to the goals session at 10:30am at Munjoy Hill House, and share them with this group.

In solidarity,

Myles 

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[John Brooking]

Without getting into Luke’s details (good point, Winston, thank you), I’ll still suggest that the condition of this separated bike lane is immaterial for an intersection crash. We might discuss design, but use of the bike lane as currently designed would not have offered any additional intersection protection over use of the general travel lane, in my opinion. If anything, less, as it places the cyclist even further outside the motorist area of attention. I believe this to be true regardless of the circumstances.

John Brooking

Cyclist, Cycling Educator, Technologist

https://www.facebook.com/CyclingSavvy4ME/, http://cyclingsavvy.org

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[Zack Barowitz]

A note on lawyers. Not only will they go after the driver’s insurance but they will also go after your own insurance in case they don’t want to pay. Also, Maine has a close bystander law, so if a friend or family member witnessed anything, they can also make a claim 

207-838-6120

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[Craig Bramley]

This is Craig Bramley. I am new to this board, but happen to be a lawyer who is retiring from managing the largest personal injury firm in Maine. I am also an avid cyclist for recreation and transportation.  I would be happy to speak with with Luke (sorry to hear about you getting hit) or anyone else about this. 

I am switching over to using this as my primary email. Your can call my cell at 207-713-4201. 

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