Originally Posted by
wphamilton
ILTB - Did you not see or hear Schmoe before you made your turn?
Bmach - I did not see him and I was wearing my earbuds, listening to music.
Bmack - Yes I knew he was there and I thought there was plenty of room as I said earlier. He struck me because I turned in front of him.
ILTB - Oh. You still think Schmoe is liable for the accident, uh? I agree.
ILTB - Since no one has presented evidence that your earbuds impaired your operation of the bike, Schmoe is liable. While you can still pedal your bike, you do have an obligation to operate it safely and not commit bone headed moves that might place in you harm's way.