Old 08-26-09 | 09:57 AM
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DieselAmy
veggie commuter
 
Joined: May 2008
Posts: 67
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From: Indianapolis

Bikes: 2008 Bianchi Axis, 2000ish Gary Fisher Marlin

Hit by a car at MUP/road intersection; right of way?

Yesterday on my commute home from work I was hit. Fortunately I'm fine, but six inches different and my leg would be bent instead of my chainstay and rear rack. A witness called 911 and firetrucks, ambulance, several cops came. Accident investigator said he didn't know the statute for where this occurred so I don't know who's at fault. Obviously I thought I had right of way. The other guy just didn't see me.



I was traveling east on the MUP. I stopped where the green square is. Cross traffic (north/south) does not stop here. The east-west road the MUP follows DOES have stop signs (red dots). The SUV driver (purple square) was stopped on that cross street facing west, turning south/left.

When cross traffic was clear, I went straight across the street. At this point I usually just get on that east-west road because it's more direct, but the MUP entrance is very close to the road there so in either case I was going straight across. The SUV driver turned left at this time. I yelled (windows were open) but he still hit me in the rear wheel. I fell in the street but was able to get up and out of the way before any more cars came.

I treated this like an intersection in general since my MUP stop sign is right next to the road. I do ride in the road a lot but this part of the path is handy and a regular part of my commute. The cross street is busy so I'm quite careful here. There is a flashing yellow light over the road right where the wreck happened that warns drivers on the north-south street that there is a trail crossing here.

Other than waiting ten days and paying for the police report, any ideas how I can figure out the right of way? Do driving laws address MUP intersections usually? Do I call this guy's insurance company and try to get my bike replaced? This happened in Indianapolis.

Some of the bike damage:

(colored lines added where rear left of rack and seatstay are bent; also have potential damage to brifter on right where I fell, seat crooked, chain off... but hopefully those just got wanged)
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