Cyclist ticketed
 

Here's a good one for everyone.


TOLEDO, Ohio(AP) A northwest Ohio man's fall off his bicycle left him with a bruised leg, a big hospital bill and a ticket from police. Police fined Melvin Surprise III, of Toledo, because he was riding his bike on a sidewalk when he was struck by a pickup truck pulling out of a parking lot.

City law says anyone 15 and older can't ride a bike on the sidewalk. Violators face a $93 fine.

Surprise, 22, pleaded innocent to the charge in Toledo Municipal Court on Monday. He plans to fight the citation, saying the law discriminates against adult cyclists.

He was riding his bicycle on a sidewalk along a heavily traveled street on July 22 when he was hit.

The driver, Michael Garvin, 17, was not cited. Police said a trailer park and large vehicle parked nearby created a blind spot. "I never even saw him," Garvin said. "The bike literally appeared out of nowhere."

Lt. Kevin Keel, who heads the police traffic bureau, said a citation should be filed when one person's negligent action causes an accident. "If the officer can determine fault, we strongly suggest they file charges," he said.

To add to the injury, Surprise was taken to Toledo Hospital as a precaution and billed $800 because he is unemployed and does not have medical insurance.

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Information from: The Blade, http://www.toledoblade.com/

"I never even saw him," Garvin said. "The bike literally appeared out of nowhere.

That's my favorite line in that article. Hah.

Hmm... as bad as I feel for the guy, he shouldn't have been riding on the sidewalk. Sidewalks are for pedestrians and kids who shouldn't be riding in the road. Bikes are vehicles, and you don't take vehicles on the sidewalk.

yes, but.....placing all of the blame on the cyclist perpetuates the "I don't need to check the sidewalk" behavior of the drivers. This would not be so bad except that the law clearly expects children to use the sidewalk. This could easily result in tragedy when a family loses their little one because drivers have never been held accountable for checking the sidewalk.

Pickup truck. SURPRISE!

What an appropriate name.

Was he riding the "wrong way" on the sidewalk?

I have witnessed accidents and almost hit bike riders that were doing this trick.

Agreed.

I still do it but realize that if something wrong happens, it's my fault. I don't think the guy has a leg to stand on and he better get looking for a job to pay that $800.00 dollar medical bill. Incredible.

Good point. Drivers (and I am one too) have to check everything. Could this be a case of two people not paying attention to much, and the guy on the bike getting the short end of things?

As kids we weren't allowed to cross the street, so there was no chance of riding out into the street and getting hit. When we were finally allowed to ride further away from home, we had enough common sense to watch out for cars who weren't watching out for us. I know common sense is in short supply these days, and it is too often used as an excuse... as in "Well, he should've used some plain old common sense like we all had when I was young." And I also realize that over time I have edited out some of the really stupid things I did as a kid. Selective amnesia. It's a wonderful thing.

But, the guy, the adult riding a bike on the sidewalk, should have had enough sense to understand that cars are big and fast and are not watching out for you. Is the driver at fault? Maybe, but if the guy on the bike didn't stop, didn't look, made himself unsafe, and rode in an illegal manner, then he is at least at partial fault and probably more.

I feel bad for the guy. I don't want anyone to get hit. I want everyone to share the roads. Drivers do have to watch out for a lot. But so do cyclists.

The law here sets the limit for sidewalk riding as wheels over 20". Nothing about age of rider. Cars coming out of intersections are not expected to look for anything faster than a pedestrian on a sidewalk. That is why you have to be particularly careful when riding the sidewalk. The closer you are to buildings, or in this case a parked truck, the less time you have to see anything approaching around the corner - so keep well out into the road when approaching intersections.

Assuming the sidewalk cycling is legal (which it is in many, if not most places, regardless if the bicycle is called a vehicle or not) which direction is "wrong way"? and "wrong way" IAW with whom - careless/inattentive smarty pants cyclists/motorists who think it is a trick?

as much as i always try to be on the same side as fellow cyclists, if he was on the sidewalk and crossing over to the other side the driver had right of way so it could not be the drivers fault.

"Crossing over to the other side" of WHAT gave the motorist the right of way?

When it comes to sidewalks, I think drivers are expected to exercise reasonable care that they not hit something/someone when they cross one. I don't think they bear much responsibility to make certain that things on the sidewalk (especially if illegal) don't hit them. If I am "in the driveway" while using the sidewalk I would expect the driver to avoid hitting me. If I hadn't yet entered the driveway I expect I would simply stop whether or not I was a pedestrian or a slow moving cyclist. If I didn't, I assume that I would hit the vehicle, not that the vehicle would hit me.

Around here,I've yelled at several people to "look both ways!". They fixate on the traffic coming in one direction and don't even bother to look for peds walking the other way. One of the worst places is the Navy building across from AU. Despite the heavy foot/bicycle traffic from the college across the traffic circle,drivers constantly only look left before pulling out across the sidewalk.

Uh oh...let me clarify...

Presume I'm driving my truck...at an uncontrolled intersection or driveway...wanting to turn either left or right.

If a cyclist is riding on the sidewalk, but in the same direction as the adjacent traffic, I'm going to see him coming at an intersection or driveway.

If I look to the left to be sure no cars are coming, then to the right to be sure no peds are coming, then look left again before I proceed, a "wrong way" bike rider (coming from my right on the sidewalk or street) may have enough speed to be in front of my vehicle by the time I proceed. Especially when visibility is poor due to buildings being close to the road. That's when I've almost nailed one.

My car has relatively wide front roof supports, so I am extra, extra careful at intersections and sidewalk crossings to be sure no one is behind them. Just the same, none of us can look in all directions at once.

When it comes to sidewalk riders, motorists should watch for them. But would you rather be right, or rather be safe? If you ride on the sidewalk, you must look in all four directions every time you cross a driveway or side street. Motorists don't look where they don't expect to see you, and there is nothing you can do to make them look. Our safety is in our own hands.

Same Here :D After hearing that, it seems to make everyting all better :rolleyes:

No argument with this. Of course the above statement is quite different than those other posters who are claiming that "wrong way sidewalk cyclists" or sidewalk cyclists "crossing over" ?? are in the wrong and are essentially legal targets for motorists to run into because motorists have no need to yield right of way when crossing sidewalks/crosswalks when a bicyclist is present.

No one presented any evidence that the injured cyclist in the article cited by OP sped into an unsuspecting motorist at some reckless speed; only that the motorist "never saw him". That is an excuse/claim worn out by being cited by almost every motorist who hits a cyclist, no matter what the circumstances. Why do so-called bicycling advocates jump at every chance to blame a cyclist for his injuries WHEN the cyclist doesn't fit the advocates' preferred profile?

[QUOTE=I-Like-To-Bike]No argument with this. Of course the above statement is quite different than those other posters who are claiming that "wrong way sidewalk cyclists" or sidewalk cyclists "crossing over" ?? are in the wrong and are essentially legal targets for motorists to run into because motorists have no need to yield right of way when crossing sidewalks/crosswalks when a bicyclist is present.
QUOTE]

Well, I'm not sure how you got the idea that some of us think it's open season on sidewalk bicycle riders.

We have a tendency in this forum to blame the automobile driver all the time, but we all know there's a lot of careless bicycle riders out there.

Bottom line, I don't think bikes belong on the sidewalk. I'm tired of adult riders running me off the sidewalk when I'm walking.

First of all, children tend to ride slower than adults do, especially young children. So a 5-year-old on the sidewalk may be moving at the same speed an adult is walking at - and should be visible to a driver. As for faster riders, almost everywhere that allows riding on the sidewalk allows states that sidewalk riders either need to stop and walk across intersections or slow down to walking speed at intersections. Also if children are going to be riding on the sidewalk they should at least be riding in the same direction as traffic. You don't expect to have to check your blind spot for traffic on the sidewalk when making a left turn from the leftmost traffic lane for instance.

I assume that first sentence about "NEED to stop and walk across intersections or slow down to walking speed at intersections" means that you think that is the law. Where? Same for the second sentence about same direction <as what?> requirements; your preferences and/or good ideas don't obligate anybody else to comply with them.
Blaming legal cyclists for YOUR (and other slackers') failure to check YOUR blind spots and take all reasonable precautions to assure that YOUR turning maneuver IS safe is nauseating.

[QUOTE=eubi]Maybe I got this idea since you (and others) are so willing to assume that this specific cyclist was careless (and at fault) ONLY BECAUSE he was hit while cycling on the sidewalk. Your "bottom line "is irrelevant" and your tiredness of being allegedly run off the sidewalk by cyclist is not only irrelevant to this thread but sounds as if you've got personal issues affecting your judgement. Where is this sidewalk where the Wild West Scenario is taking place?

Toronto.
See this pdf for the fines (generally $90CAD).


That second sentence seemed to me to say that she thought it was a good idea, because she said "should", instead of "need".


I don't think she even owns a car, but that aside, there are plenty of legal things which are still stupid to do, and some smart things to do which are illegal. If a cyclist is going to bear the brunt of both of our stupid decisions, then the cyclist should probably look into being a little smarter. Geez, I'm starting to sound like Serge.

(And I don't own a car either, so don't start getting on my case about how I drive. I know how I drive, and that's a large part of why I don't own a car.)

I simply asked a question to clarify the situation. I didn't assume anything. Did I ever say the cyclist was a fault? If so, please post exactly where I wrote that and I will apologize. I certainly didn't mean to establish blame.

Secondly, you say I have "personal issues" against riding bikes on the sidwalk that "affect my judgment". Well, yes.... What better way to form a opinion than by personal experience? I wanted to be up front that I do have a bias against riding bikes on the sidwalks and exactly why I feel this way. This is irrelevant?

And my reason for forming a person opinion about riding a bike the sidewalk is irrelevant to a thread that concerns a bike rider being hit and ticketed while riding on the sidewalk? I'm missing something...

Now, you take my honesty and imply that I'm lying. I don't appreciate that. You refer to my experience with sidewalk bike riders as "alleged". This implies to me you think I'm lying. If you weren't there (or were you?) what basis do you have to accuse me of lying?

These "Wild West" senarios have taken place, repeatedly, in Corona, CA, and S. El Monte, CA.

It's pretty obvious we will have to agree to disagree on this subject, I-Like-To-Bike. I won't waste any more server space or blood pressure on this thread.

Yes you do sound like Serge; not because of the way you do or don't drive, but for the Pavlovian tendency to blame cyclists for the result of motorists' errors/carelessness and distracted driving. Also Serge-like is joining the EC™choir of proseltyizers who preach that if only cyclists would get with the TRUE "program of safe and efficient cycling", motorist/cyclist interactions would be blissful and virtually risk-free for the newly baptized "educated" urban cyclists.