View Single Post
Old 03-11-21, 04:47 PM
  #19  
UniChris
Senior Member
 
UniChris's Avatar
 
Join Date: May 2017
Location: Northampton, MA
Posts: 1,909

Bikes: 36" Unicycle, winter knock-around hybrid bike

Mentioned: 15 Post(s)
Tagged: 0 Thread(s)
Quoted: 930 Post(s)
Liked 393 Times in 282 Posts
Originally Posted by Camilo
the driver is at fault
That argument is unsupported by the witness report, and is one for which no one has yet managed to offer any theory of law or practical safety, but only raw political ideology.

Explain to us please, what you think happened, and under what actual principle of law that would put the driver at fault. Be sure to include in your explanation how the cyclist honored the intent of the stop sign, yet the collision was with the side of the truck.

And while cyclists are not pedestrians covered under California's crosswalk yield law, please also consider CVC 21950 (b) "No pedestrian may suddenly leave a curb or other place of safety and walk or run into the path of a vehicle that is so close as to constitute an immediate hazard."

No argument that this isn't an intersection designed for efficient cycling. But it does not appear to be the driver who failed to use the intersection as designed.

If a cyclist or pedestrian were hit by the front of the truck, or the truck passed and then immediately turned in front of a cyclist riding on the roadway itself such that the cyclist had no time to react, then I'd blame the driver. But that does not appear to be what happened in this case.

Last edited by UniChris; 03-11-21 at 05:07 PM.
UniChris is offline  
Likes For UniChris: