6
   

I got hit by a bicycle. Is it my fault?

 
 
littlek
 
  2  
Reply Sat 13 Sep, 2008 08:26 pm
@kellie21,
You're right, it clearly does not have anything to do with politics.

I have to agree with Robert that it does sound as if you're at fault. But, I am thinking about this from my own understanding of my own state's road laws. I know that ultimately, cars are responsible for avoiding bikes. The cyclist going the wrong way down a one-way street may get her a fine as well. Actually, it sounds like you're both at fault.
kellie21
 
  2  
Reply Sat 13 Sep, 2008 08:30 pm
@littlek,
Yeah, I think you're right about that one. Thanks!!
JTT
 
  2  
Reply Sat 13 Sep, 2008 08:42 pm
@cjhsa,
Quote:
No, I'm intelligent.


Wouldn't it be interesting to hear your explanation of the various legal issues surrounding this incident? Likely we wouldn't even be able to comprehend your scintillating legal analysis.
cjhsa
 
  -1  
Reply Sat 13 Sep, 2008 08:55 pm
@JTT,
Sure.

Bicycle = light. Car = heavy. Bike is more maneuverable. Bike needs to pay attention, not drive down the wrong side of the road, and be responsible. Bike = no insurance. Car = insurance. So biker by default tries to screw the pooch (aka insurance company) and thus my take on it. GUBMINT HELP ME SAVE MYSELF. Craven and lk please repeat this mantra ad nauseum.
0 Replies
 
ehBeth
 
  2  
Reply Sun 14 Sep, 2008 07:30 am
@kellie21,
What jurisdiction are you in? There are few areas where the car driver will not be held ultimately responsible.
littlek
 
  3  
Reply Sun 14 Sep, 2008 11:04 am
@ehBeth,
bumping to see if I can catch Dasha's attention
cjhsa
 
  2  
Reply Sun 14 Sep, 2008 11:56 am
@littlek,
If a bicycle is on a roadway they have to follow the same rules of the road as the cars. You can't ride your bike the on the wrong side of the road and expect the law to be on your side.
littlek
 
  2  
Reply Sun 14 Sep, 2008 11:56 am
@cjhsa,
And cars are supposed to give bikes the right of way. Both at fault.
0 Replies
 
dagmaraka
 
  1  
Reply Sun 14 Sep, 2008 12:02 pm
@littlek,
hi kellie,

i'm an avid biker and a driver, but i can't say who's at fault in this case. first you stated it was a two way road, then you wrote that the biker went wrong way down a one way... did you mean the bike lane?
if she went the wrong way on a bike lane, she MIGHT be legally at fault, though I have to say you still should have looked (and not just rear view mirror) before turning to the right. my sister failed a drivers license exam for precisely that.
I do not know what laws apply where you are - the bike lanes are not as strict as roads...the one way there MAY but MAY NOT mean the same as one way on a regular street - so really can't tell.
She should have been more cautious going down the opposite way on a bike lane. I do that only when I must and then I go super slowly, making sure i'm in nobody's way.
You should have looked.

.... I think you're both in the wrong in a way. Is she seeking any reparations? Or is it just a question out of curiosity?
0 Replies
 
dagmaraka
 
  2  
Reply Sun 14 Sep, 2008 12:04 pm
@cjhsa,
the bike wasn't on the wrong side of the road. It was in a bike lane, but going the opposite direction. There are one way bike lanes.
cjhsa
 
  2  
Reply Mon 15 Sep, 2008 07:15 am
@dagmaraka,
If the driver is turning right, they are crossing the bike lane (apparently). If the bike is going the opposite direction, then it would be coming toward the car - going the wrong way in the wrong bike lane for the direction of travel.

If the bike was going the same way and the driver cut the bike off (had the bike been going the same direction) then it would be the car driver's fault. But that is not what this says.

dagmaraka
 
  2  
Reply Mon 15 Sep, 2008 07:51 am
@cjhsa,
not necessarily. depends on what direction the bike lane was.

bike lanes are usually on one side of the street, some are running one way this way, some the other (on the next street). it's not uncommon to have a bike lane that has the opposite direction of the traffic on that same side of the street.
Steve 41oo
 
  1  
Reply Tue 16 Sep, 2008 12:35 pm
@kellie21,
guilty as charged and banned from breathing air for 2 hours
0 Replies
 
cjhsa
 
  1  
Reply Wed 17 Sep, 2008 08:21 am
@dagmaraka,
dagmaraka wrote:

not necessarily. depends on what direction the bike lane was.

bike lanes are usually on one side of the street, some are running one way this way, some the other (on the next street). it's not uncommon to have a bike lane that has the opposite direction of the traffic on that same side of the street.


Bike lanes only on one side of the street? What planet do you live on?

If you are talking about bike paths, that's a different thing. Bike lanes HAVE to be on both sides of the street or they aren't bike lanes at all.

-----------------------------------
<---- bike
-----------------------------------

<--- car

-----------------------------------

---> car

-----------------------------------
---> bike
-----------------------------------
dagmaraka
 
  1  
Reply Wed 17 Sep, 2008 12:22 pm
@cjhsa,
keep your "what planet do you live on" type of questions for yourself, cjhsa.

what you describe are ALSO bike lanes. just do a google image search and you'll see the wide variety of bike lanes out there.
dagmaraka
 
  1  
Reply Wed 17 Sep, 2008 12:47 pm
@dagmaraka,
http://www.bricoleurbanism.org/uploaded_images/IMG_6995_e-758757.jpg

bikelane the other way on a one way street. we have those in Cambridge, too.
dagmaraka
 
  1  
Reply Wed 17 Sep, 2008 12:59 pm
@dagmaraka,
e.g. http://maps.google.com/maps?f=q&hl=en&geocode=&q=86+scott+st.,+cambridge,+ma+02138&sll=42.383068,-71.109781&sspn=0.010778,0.019312&layer=c&ie=UTF8&ll=42.383068,-71.109695&spn=0.010778,0.019312&t=h&z=16&cbll=42.380073,-71.108873&panoid=e35CawWSNJ8r0fAyrvU3tQ&cbp=1,222.26834801258656,,0,11.710637127329404
0 Replies
 
Umang Kumar
 
  1  
Reply Mon 18 Mar, 2013 01:20 am
@kellie21,
Hello Friends,

first off.go to the police take your friend who was with you,explain to the police just what happened, also tell them that he would not comply with the road traffic acts namely would not give you insurance details ,give them name of your witness,saying that you drove into him was a quick try at getting away with it,see what the Police have to say,and be advised by them.

Thanks and Regards,
Umang Kumar
0 Replies
 
aarenace
 
  0  
Reply Mon 18 Mar, 2013 01:27 am
@kellie21,
Kellie, its not your fault. I think.
0 Replies
 
roger
 
  1  
Reply Mon 18 Mar, 2013 01:31 am
@dagmaraka,
Okay dag, I'm five years late, but storm sewer cover in the lower right is a death trap. The way the slots are aligned will trap any bicycle tire I've ever seen.
0 Replies
 
 

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