Let me set up the scenario:
This happened last thursday around 6:30 in the evening while riding my fixed gear (no brakes...I know, shameful). The street I was on is a two-lane one-way with bicycle lanes on both sides of the street. I hit a green light at the right time to put me about a block out in front of any traffic and was travelling in the right bike lane at about 25-30 mph.
As I approached a cross-street (cross traffic has stop signs) I see car at the stop sign on my right start creeping into the street in front of me. No problem, I swerve to the left to avoid them. While this was happening, a car travelling from the opposite direction of the creeper starts crossing the intersection in front of me. I was already swerving left to avoid the first car and was left with no time to react to the second car.
I impacted his rear quarter-panel and flew over his trunk, landing on my right side in the middle of the intersection. When I landed my hands were still firmly gripping my bars(yes, the bike came with me for the short flight). Lots of road rash and whatnot, no broken bones. The car's rear quarter-panel was smashed in pretty bad. The driver claimed he wouldn't take any action (insurance or legal). We decided not to file a police report and go our separate ways.
So today his insurance company calls me poking and prodding in their attempt to determine who was responsible. Apparently, the driver mentioned to his insurance co that I was riding brakeless and had a picture to prove it...yipee.
Riding brakeless in Sacramento is a misdemeanor, but does this negate the fact that he pulled in front of an oncoming vehicle? Am I at risk of being sued by his insurance because I was not compliant with local law?
Thanks, and I apologize for the long winded post.