Talk about ignorance in the law
Here in Nebr and in Lincoln anyway, if a bike path crosses a street, a cyclist is supposed to dismount and walk across the intersection. If the cyclist gets hit in the cross walk, say by a car turning right on red, the law says it is the cyclist fault.
The brilliant fools in our legislature had a chance to correct this stupidity this year, but voted it down. |
Can you quote the language and/or provide a reference to the legal provisions in question?
|
1 Attachment(s)
Around here there are signs on the busiest intersections...http://bikeforums.net/attachment.php...hmentid=445418
Seems to me that if a person is walking their bike, they are clearly a pedestrian. |
This thread is without a doubt correctly titled and accurately describes the original post.
|
Originally Posted by rydabent
(Post 17724194)
If the cyclist gets hit in the cross walk, say by a car turning right on red, the law says it is the cyclist fault.
|
Lincoln Municipal Code says a bicycle rider needs to dismount and walk the bike on a crosswalk, which is the law everywhere I've lived. It says nothing about shifting accident liability to the bike rider which violates the Code, though if you hit a pedestrian in that crosswalk I suspect violating this section would create a presumption of negligence. Nebraska is a modified comparative negligence state, meaning your negligence in operating your bicycles reduces your recovery until you are 50% or more at fault, then you get nothing. The issue is whether your riding in the crosswalk contributed to the accident.
Do some reading. |
Originally Posted by FrenchFit
(Post 17724725)
Lincoln Municipal Code says a bicycle rider needs to dismount and walk the bike on a crosswalk, which is the law everywhere I've lived. It says nothing about shifting accident liability to the bike rider which violates the Code, though if you hit a pedestrian in that crosswalk I suspect violating this section would create a presumption of negligence. Nebraska is a modified comparative negligence state, meaning your negligence in operating your bicycles reduces your recovery until you are 50% or more at fault, then you get nothing. The issue is whether your riding in the crosswalk contributed to the accident.
Do some reading. Which is sort of like saying in a fatal accident between a 18-wheeler, and a Ford Pinto(remember, the car that would explode if it was rear-ended). That it is always the fault of the driver driving the Ford Pinto. Never the larger vehicle. |
|
Originally Posted by GP
(Post 17725049)
|
A lady in our bike club just got hit in the street cross walk in line with a bike path. There was a green light for pedestrians, but she was on her bike insteadof walking it. It is my understanding that she got hit a a right turn on red driver. She went to the hospital and also got a ticket.
I might also add that there are approx 130 miles of bike trails in Lincoln, so there are may intersections that the bike trail crosses streets. Most of these crossing near the down town is controlled by traffic lights. |
So much ignorance of "The Law"; luckily there are plenty of electrons to dedicate to the cause of spreading it around.
|
Originally Posted by rydabent
(Post 17727700)
A lady in our bike club just got hit in the street cross walk in line with a bike path. There was a green light for pedestrians, but she was on her bike insteadof walking it. It is my understanding that she got hit a a right turn on red driver. She went to the hospital and also got a ticket.
She should be more interested in not getting run over in the first place than whether or not she might get a ticket. |
The first question is what was the ticket for?
|
how
Failure to yield. |
The point here is------------you are on a bike path. There are traffic lights, and a cross walk that goes straight ahead and the bike path continues. Where would you have the cyclist ride, and why shouldnt the cyclist be protected in the cross walk just like people on foot?
|
Originally Posted by rydabent
(Post 17727700)
A lady in our bike club just got hit in the street cross walk in line with a bike path. There was a green light for pedestrians, but she was on her bike insteadof walking it. It is my understanding that she got hit a a right turn on red driver. She went to the hospital and also got a ticket.
I might also add that there are approx 130 miles of bike trails in Lincoln, so there are may intersections that the bike trail crosses streets. Most of these crossing near the down town is controlled by traffic lights. |
Originally Posted by I-Like-To-Bike
(Post 17728000)
So much ignorance of "The Law"; luckily there are plenty of electrons to dedicate to the cause of spreading it around.
(Helpful hint, "the invisible zebra" - and we got it good compared to Nebraska.) -mr. bill |
I consider traffic laws to be pretty much irrelevant when it comes to cycling. As a cyclist, it's my job to avoid getting hit by a car. Motorists aren't out there trying run down cyclists on purpose. Who cares if somebody gets a ticket if you're lying in a hospital bed? I have never gotten a ticket on my bike but if I did I would pay it an move on; just another government tax. It's not like they are going to take away your cycling license or anything.
|
The bottom line here is that the "law" flys in the face of common sense and logic.
|
Originally Posted by I-Like-To-Bike
(Post 17724621)
This thread is without a doubt correctly titled and accurately describes the original post.
|
All times are GMT -6. The time now is 12:04 AM. |
Copyright © 2024 MH Sub I, LLC dba Internet Brands. All rights reserved. Use of this site indicates your consent to the Terms of Use.