Originally Posted by
Blue Order
And in fact, the truck driver gave every indication that he was observing the law-- he passed Brett, and he stopped at the intersection, with his turn signal on. To an approaching cyclist, the truck driver appeared to be following the law, which requires him to stop, with his turn signal on, and yield the right of way to any approaching cyclists. There was no indication that the truck driver was not going to yield the right of way.
Personally, in those circumstances, I'd let the truck make it's turn, either by sitting behind, or passing on the other side (not normally ideal with trucks wide turn radius). I understand the guy was an experienced rider, so I figure there was more to it than that. I'm still struggling to see how this could happen to an experienced cyclist. Right hooks are surely a common enough threat to be wary of them irrespective of what the law says.
Originally Posted by
Blue Order
Therefore, absent a legal duty to anticipate illegal behavior, there's no argument to be made that Brett was riding too fast for conditions.
Indeed. 'Faster than the truck driver thought he was going', is not the same as 'too fast for conditions.'