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Singlespeed & Fixed Gear "I still feel that variable gears are only for people over forty-five. Isn't it better to triumph by the strength of your muscles than by the artifice of a derailer? We are getting soft...As for me, give me a fixed gear!"-- Henri Desgrange (31 January 1865 - 16 August 1940)

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Old 05-06-05, 03:31 PM   #1
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got hit by a car who's fault would this be?

dosen't techincally belong here but i was on a track bike so i guess it counts.i just got hit my car i was in the crosswalk part of the right turn lane and she had a stop sign. she didn't bother looking the other way and just went, since i was riding on the sidewalk am i liable?
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Old 05-06-05, 03:35 PM   #2
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probably, but i think it depends what the law is about riding on the sidewalk where you are.
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Old 05-06-05, 04:23 PM   #3
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See about if No Fault Law appiles in your state.

S/F,
CEYA!
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Old 05-06-05, 04:26 PM   #4
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last time this happened in arizona the rider died and the police didnt charge the driver
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Old 05-06-05, 04:52 PM   #5
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sidewalks: not your friend
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Old 05-06-05, 06:29 PM   #6
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Depends on where you are, but most likely -both-
Perhaps local law sez you can't be mounted and in (as in using) a crosswalk, but almost everywhere a driver is required to be in control at all times and is ticketable if they strike someone. She failed to yield even if you weren't supposed to be -mounted- there, she would have struck you if you weren't.
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Old 05-06-05, 08:03 PM   #7
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thanks for the advice, the officer investigating called me back and asked me a whole bunch more questions. i couldn't remember exactly where i landed so he says the "evidence" suggests i was riding the wrong way against traffic on the street. which i wasn't. it pisses me off cause she was all concerned, apoligetic and making a cheque out to me for my bike until the police said something about determining fault and then she just went and sat in her car. at the very least when she pulled over she ran into the curb giving herself a flat tire and a broken light.
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Old 05-07-05, 07:51 AM   #8
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That's really terrible news and it definitely sucks, but this is exactly why sidewalk riding is so dangerous.

As for liability, even if you weren't "riding the wrong way against traffic" and merely in the crosswalk, most states don't allow a mounted cyclist in the crosswalk. On the other hand, a right turn after stopping at a stop sign is a legal manuver. She can claim that she didn't see you. Maybe she didn't look, but then maybe she did and you still entered the crosswalk much faster than she expected any ped to. I suspect you'd be fully at fault even if the cop determined you to be in the crosswalk instead.

To Sam's thinking, that's true enough as it applies to peds, but our law specifically says that drivers shall make sure that they don't strike a ped in a crosswalk. Outside that, it comes down to a determination of who was in the wrong road position, whether there was intent, if there were any illegal roadway manuvers, etc. You were in the wrong place, she was probably not meaning to run you down, she didn't pull an illegal manuver, ergo...

Sucks, dude.
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Old 05-07-05, 08:15 AM   #9
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Quote:
Originally Posted by Ceya
See about if No Fault Law appiles in your state.

S/F,
CEYA!
Why? No fault is generally just PIP and doesn't apply to property (except in a few rare states). No fault generally works against parties who are not at fault.
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Old 05-07-05, 08:36 AM   #10
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This is why you don't ride on sidewalks.
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Old 05-07-05, 10:08 AM   #11
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This is why you also don't talk to cops, lawyers, or insurance people.
Not meant as a jab, just the smart thing to do..

jeff

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Originally Posted by operator
This is why you don't ride on sidewalks.
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Old 05-07-05, 10:38 AM   #12
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Originally Posted by stickerguy
This is why you also don't talk to cops, lawyers, or insurance people.

Many, many years ago I was in a car accident. The other party's motorcycle was totaled, and I felt bad, and I got a little too apologetic at the scene-- something like "it was totally my fault." Insurance people called, eventually, and I had the fun task of insisting that I'd never said that. Ten times over-- they kept asking in slightly different ways. Shysters...
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Old 05-07-05, 11:28 AM   #13
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...at the very least when she pulled over she ran into the curb giving herself a flat tire and a broken light.

You could be liable for her damages.
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Old 05-07-05, 04:06 PM   #14
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i could be liable for the damage i did to her car, not the damage due to her own stupidity. the cop called again today for info but i wasn't home , i take it as a good sign that he hasn't said anything either way
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Old 05-07-05, 04:21 PM   #15
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where do you live? when i lived in seattle, i was stopped by cops a few times and told i had to ride on the sidewalk..so your local sidewalk rules would help figure out if its your fault or not
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Old 05-07-05, 04:54 PM   #16
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i'm in manchester new hampshire right now. theres not much traffic here so people get going pretty fast and they definitley have the bikes belong on sidewalks mentality(despite what the law says). i've had a few close calls in the short time i've been here,numerous motorists here are also under the impression they have the right of way in ANY situation. the police/firemen kept referring to me as "kid" even though i repeatedly told them i was 24. because of course no adult in their right mind rides a bike.
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Old 05-07-05, 05:16 PM   #17
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http://www.gencourt.state.nh.us/rsa/...65/265-148.htm

Basically, you can only ride on the sidewalk if those sidewalks, outside "compact areas" have been officially designated as cycleable.

In any event, you're entitled to the full use of the roadway as well.
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Old 05-07-05, 05:20 PM   #18
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Quote:
Originally Posted by filtersweep
Why? No fault is generally just PIP and doesn't apply to property (except in a few rare states). No fault generally works against parties who are not at fault.
you are correct.

S/F<
CEYA!

Last edited by Ceya; 05-07-05 at 05:30 PM.
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