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| *Vultures Knob>>>Road Bike |
Bike-Car Accident. Who's at fault? |
Where I live there is a main road which is connected by side streets. The side streets have a stop sign but the main road has no traffic control devices. So, I was riding down the main road on the sidewalk and was coming to an intersection (I was about 5 feet away from the intersection) I see this car come up to the stop sign and brake. I decided to slow to see if he would let me go, but it was sunny and couldn't see if he was waving me on. He moves up toward the intersection and stops again like he sees me. So I start to go and he pulls in front of me and my bike hit the bumper on the right side. I roll over his hood and onto the ground. I get up immediately, but the driver doesn't even ask if I am okay. He gets out of his car and looks at the damage which is a hardly noticeable scape and a small dent on the bumper. The driver claims he didn't see me but I have a headlight on my bike which was flashing and it was 3:30 in the afternoon. I wasn't injured and my bike is not damaged It does not matter now who is at fault. You made no police report, you did not exchange information, you went your separate ways. You say you were riding on the sidewalk. Does this mean you were on a bicycle? You talk about a bike ... is that a motor bike or what? Do you know the law in your state ... are bicycles allowed to be on the sidewalk? When there are several vehicles headed in or through an intersection, one rule of thumb is that when someone is in the intersection, other people should wait until they clear it before they go in. Another rule of thumb is that you should always proceed at a velocity so that you can avoid crashing into another car. Sounds to me like this other vehicle was in the side road headed towards the stop sign and you were on the side walk, where you did not have right of way like you would have had if you were bicycling on the main road, and instead of you stopping and waiting until the car there cleared the intersection, you just went flying straight in. Was there a pedestrian crossing there? If you got off your bike and walked, you would be a pedestrian. The driver is at fault, but there are a few things that could cause you some liability as well. In many towns/cities, bikes are not allowed on sidewalks, which "may" have lead to the driver not seeing you.... but you still did have the right of way. Kind of risky as many motorists don't view bikes as a vehicle, but they are included under vehicular laws.... very loosely enforced though. Hope this helps and that you're alright and that the driver will learn to be more careful as the next time they might not be as lucky. The driver , you should of called police IN the UK? courts aways apportion blame using the highway code rule book...firstly i believe sidewalk and (UK) pavement mean the same thing?...which is confusing since your pavement is our road??...anyhow...if the car was coming to a stop or giveway sign...and you were on the main road with "right of way"? then the car driver would be at fault for driving without due care and attention?...but im not sure about riding your bike on the "sidewalk"or where the pedestrians walk? shouldnt you be on the road?....and could he see your flashing light from side on?....be lucky UK Highway code It depends on the laws of your municipality, and your case has some complications. First, had you been on foot you would have been a pedestrian and you would have had the right of way at the intersection. This is generally the case when a car has a stop sign. Second, since you were on a bike, you should have been in the road, and not on the sidewalk. Had you been in the road, you would have had the right of way. Since you were on the sidewalk, you are just a scofflaw. Third, even if you had the right of way, he had the right of weight. This is not a civil law but a law of physics. This law states that you could be right and dead at the same time, which is worst than being wrong. Finally, I agree that the driver was a bumpkus. He should have stopped and at least made a show of pretending to do the right thing, even if that thing were hazy. Case dismissed. The driver of the car. If he has a stop sign then he must stop and can't go untill the intersection is clear if it was then you would not have been hit. HE was at fault. I would sue and call the police. He would have gotten a ticket for not checking the intersection was clear. You had the right of way and he was at fault. |
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