Originally Posted by
Nigal
Even though I have already admitted to listening while riding one of my biggest fears I question is; if I get hit by a car while on my bike, with earbuds in, how much of my legal rights am I going to lose? If a cop shows up to the scene and I'm laying there in the street with my earbuds in I would think that could effect the outcome legally. "Oh well here's the problem. He had earbuds in and didn't hear you. You're free to go John Q. Cager. This is obviously the biker's fault.".
My thinking is that so long as you are riding in a lawful, sane manner- maintaining your line in the lane (bike specific or not), then it's the driver's fault. If you were whipping in and out of traffic, or blasting through stop signs/lights, then it would be a different story.
You have a legal right to share the road. Ride in a predictable manner. You still get tagged from behind, and you live, then you have the legal right to nail their hide to the wall, both in criminal court and civil court.