Well this is my first post so I wanted to say hi to y'all. I stated commuting to work 3 weeks ago about 18 miles a day round trip. I have learned a bit already thanks to everyone here. I need some advice from you guys and girls on a accident I had today. I know, only 3 weeks in and I have already been hit by a car:eek:
The road is 2 lanes going westbound and one bike lane. All the cars were stopped or moving at a slow crawl as I gong about probably 15-20mph in the bike lane. This lady decides to take a right into a school packng lot right in front of me and bam, up on the hood I go. It wasn't too bad got right up and controled my temper with no cussing or anything. It turns out the lady is a teacher there so I went and got checked out by the nurse. I decide to do a police report since my bike is a bit messed up, bent front rim, handlebars not lining up with front tire, scraps, bent rack on back, etc. Well the lady comes back with the police officer and he said he is not going to issue any tickets but I am at fault. He said I failed to yeild the right of way since she had her turn signal on and I ran straight into her. So she went from a nice person concerned since she hit me to a liar. It's nice that the officer doesn't even listen to my side of the story or even hear my side before passng judgement:mad: So now I have to fix my brand new bike cuz some lady hit me. I know she didn't have her turn signal on but what am I supposed to do? This is where I need your input. Even is she did have her turn signal on, which she didn't, wouldn't she still be at fault? I mean the bike lane is essentually a 3rd westbound lane correct? If so then she turn right with out checking her mirrors to see of there was any traffic in the right lane, the bike lane. I just wanted to get everyones thoughts n this issue. Thanks.
The BikeForums Team
-adv-
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The fact that she might have her turn signal on didnt give her the ROW to cross your lane. Speek to your insurance agent (if you dont have car insurance, use your household insurance). Apart from fixing your bike, you dont want to pay for fixing dents in her car. If insurance agents cant help you, see a lawyer.
sauerwald
If traffic was essentially at a standstill, you should not be going that fast to the right of the cars.
Be that as it may, did you get her insurance information? - if so, file a claim against her with her insurance company to cover the cost of repairs to your bike. In most jurisdictions, a bike lane is treated like another travel lane, so if she was hit while she was changing lanes, then she would be at fault. OTOH, in many jurisdictions it is not legal (and is never advisable) to pass on the right. If you have the insurance information, it is almost certain that it will be cheaper for the insurance company to fix your bike than to fight you.
FWIW, where I ride we have very few bike lanes, when there is stopped traffic, 2 lanes, I will usually move between the two lanes and pass the cars in the right lane on their left. Once traffic starts to move, I can find a gap and move back to the middle or right side of the right lane.
RonH
Bummer. Glad you're ok, sort of. :(
Even is she did have her turn signal on, which she didn't, wouldn't she still be at fault? I mean the bike lane is essentually a 3rd westbound lane correct?
A designated bike lane is not another lane for vehicles. It is a bike lane, period!
Generally a motorized vehicle must yield to a bicycle in the bike lane before crossing the bike lane.
Check your local laws. If you need more help, contact a local bicycle advocacy organization. If you don't know who to contact, call LAB (http://www.bikeleague.org/contact/index.php) and ask them for assistance.
Leisesturm
Wow... I'll bet this one will start some debate. Very happy to learn that you are reasonably well off after your mishap. I am a returning cyclist after some 20 to 25 years as a motorist. I have been commuting in NYC for about 18 months. My take is this: the legalities of right or wrong are small comfort if you are on your back in traction in an ICU ward. Even drivers who arguably (as emphasized by present circumstances) have better legal status in part due to the entrenched culture of automobile ownership have little recourse in certain states with respect to uninsured motorists. Therefore it is incumbent on drivers to drive defensively and moreso on cyclists because of our physical and legal vulnerability.
It seems to me as the first problem was that you were zooming alongside a line of stopped cars. Not a good idea. I won't say I have never done it but if and when I do I have both hands on the brakes and the nanosecond I see the front end of a car get out of line I have instantly scrubbed off a good 5 mph before I realize its a false alarm. I wonder if you would have seen her turn signal if if was of the slow blinking variety since at the speed you were traveling you might easily have overtaken her rear bumper in the interval between two blinks. It doesn't matter, you aren't looking for turn signals you are looking for nearly imperceptible motions of tires and vehicle chassis' and all this stuff takes time to acquire. I own a helmet but I don't always wear one. Do you? Were you wearing one today? It appears you will get back on the horse after this and I encourage that but until you develop some superior survival reflexes my advice is to keep the speed differentials down. Notice I didn't say keep the speed down. Speed is fun and why bother if you can't occasionally let it rip but be mindful of when and where.
H
RoadKillJeremy
Yes, I was wearing a helmet. Now I say 15-20, that is just a guess since I don't own anything to measure speed and never have I could have been going slower but I just don't know. I couldn't been too fast since I didn't break anything or really get hurt, just some scraps from hitting the concrete. And I made a point to look at turn signals since I had to slow down for a truck that turned right a few streets before this one. I'm not really mad at the lady except for the lying part. I guess in all it turned out ok since I survived my 1st time getting hit by car. And yes, I still plan on riding to work. I will just have to take my K2 mountain bike until I can get this one fixed. I guess it's time to start learning how to work on bikes.
genec
Technically a motorist crossing a bike lane must yield or merge and must check for clearance before they do... they are laterally moving, therefore they must yield to anyone in the direction they are going. Technically motorists must stop before turning right on red. Technically bikes have as much right to the road as any other vehicle. Technically motorists must stop for pedestrians crossing in a crosswalk. Technically a motorist should always signal intent.
Now welcome to the real world... hardly any of the above ever really happens... even though technically the laws all say it should.
Reality is that you are the most responsible person for what happens to you on a bike. You must ensure that your way is safe and clear... trust, but verify... and if you insist on passing on the right, do it slowly and carefully.
markf
Check your state laws about cars crossing bike lanes, changing lanes, etc., and check your state law about passing on the right like you were doing. On the one hand, she should have signalled and looked before crossing the bike lane. On the other hand, you were travelling a good bit faster than the flow of traffic, and I've always understood that it's up to the overtaking vehicle to pass safely, and hold back when it's not safe to pass. You were also passing cars on the right, which is always a good way to get hurt whether it's legal or not. Regardless of who was legally at fault, you could have avoided the accident by passing the cars on the left, or by slowing to roughly the speed of the traffic around you and taking the lane.
cooperwx
the police officer ... said he is not going to issue any tickets but I am at fault. He said I failed to yield the right of way since she had her turn signal on and I ran straight into her. So she went from a nice person concerned since she hit me to a liar.
Sure she lied, but the cop's ignorance on the law is the real problem here. It sounds like you could sue and win. It also sounds like you would have to go to that length to get compensation. You can't get anything from her insurance since there were no tickets issued.
rajman
I'm glad that you and your ride are (mostly) ok - it could have been a lot worse.
While in no way absolving the motorist in this case, this 'accident' was quite predictable. Wether she did or did not use her signal, turn signals are not a reliable indicator of vehicle behaviour.
I have had just this type of accident occur to me (about 20 years ago now!), and I was fortunate not to be severely injured.
If you ride expecting that cars will be completely predictable and put your life on that expectation, you probably won't be commuting long. If you pass to the right of a line of stopped cars at speed, what can you do if a passenger door opens? It happens, and if the bike lane is less than 2m wide, you can't avoid the door, you can only hope that you'll stop in time. Motorists may also block your path from the right by pulling out of a driveway or intersection to force their way into the stopped cars when the opportunity arises. Another common occurance (particularly close to schools) is that of a ped jumping into your way to cross the street (they're aware that the cars are stopped, but not of you).
If the situation is that there are no peds, or there are no intersections/driveways, the chances of something untoward happening are much lower, and riding faster may well work out.
My suggestion is to ride in such a situation in preparation of being cut off - ride more slowly, and with your hands on the brakes. If possible, pass right turning cars on the left so that you are not in their path.
FWIW I go through a set of brake pads every 1000 km in city riding (Toronto), every 3000 km riding mostly rural, suburban, and MUP's (Calgary). Conditions dictate how fast you ride, and how often you need to brake/manouver. Learn the ways around your particular situation and enjoy!
CB HI
Sure she lied, but the cop's ignorance on the law is the real problem here. It sounds like you could sue and win. It also sounds like you would have to go to that length to get compensation. You can't get anything from her insurance since there were no tickets issued.
Several on this forum have collected from a drivers insurance, even when no ticket was issued.
File a claim and if that does not work, then take her to small claims court (provided the local laws are on your side).
mlts22
I'd look for an accident attorney, who does by contingency. In most areas, crossing a bike lane is just the same as crossing a normal lane, and hitting something in that lane is violating right of way. IANAL, but it looks like you may have a good legal case. Check with an attorney if you can -- you don't have much to lose, and a lot to gain.
It can't hurt, and it will make her think twice about pulling that crap again, when her insurance goes up.
RoadKillJeremy
Thank for all the advice guys. If anything, it makes me a happier knowing that 1) her insurance is going to go up since this will go on her record as a vehical pedestrian accident and 2) I dented the heck out of her car:)
sbhikes
Sounds like you learned an expensive lesson today. Hopefuly you'll be able to avoid these situations in the future. Like what was said before, if you are going to pass a bunch of slow-moving or stopped cars on the right you have to be extremely careful. Almost nobody ever drives a car looking for hazards coming up from behind. The only people who do that are cyclists and people who have ever owned a VW bus.