oldspice

Anyways I was riding my bike on the sidewalk, since I'm unable to keep up with traffic in the streets (major downtown area). I've decided it's a bad area to bike there and probably won't be doing any more biking there from this day foward.

I went down this street and there was an alley in between and basically a van hit me from the right (taxi driver). Because of the way it was, I believe the building blocked both our views and we didn't see each other. We both collided into each other. I suffered no major injuries, cut up in alot of places and a contusion in my leg. I know the majority of you guys are not lawyers or anything but any advice on what to do? Any places to point me to the right place regarding bike safety. I filed a police report, and I checked myself out at the hospital today. Who's fault was it?

Mine because I was riding in the sidewalk? The driver's because he should of stopped to make sure there was no pedestrian?

Any other comments/advice (or questions)?

I was also wearing a helmet my arm broke my fall so my head didn't hit the ground.

HokuLoa

You didn't belong on the sidewalk and you sustained no serious injury. So who cares if he was remotely at fault if you already know that YOU were at fault for riding where you did not belong? Why is it necessary to establish fault unless you want to sue? Why would you want to sue if you are OK and you know that you were at fault?

Look, I'm sorry you got into an accident and I'm super glad you are OK. I just don't see the rationale for trying to assess the drivers potential liability. Chalk it up to an "accident." be thankful you are OK, and next time be more careful. Heal well

supton

Sounds like you both screwed up. Read up on bike safety, and pay more attention when riding.

You don't have to keep up with traffic to ride in the road--at least not to the side of the road. I doubt many people can keep up with "25mph" traffic (since the vast majority of people do 5 over). I ride on 40-55mph roads all the time, no problem with traffic moving faster than me.

Garfield Cat

Did the bike rider stop at the alley intersection? Did the driver stop at the alley intersection with the sidewalk?

knotty

Always anticipate where something could come from anytime you see a intersection, side street, alleyway, opening, etc.

knotty

DanPT

+1 that why it's more dangerous to ride on the sidewalk. The car should have been more careful and slow down before arriving at the sidewalk but then you should not expect people to be aware that they are bike on the sidewalk.

They expect that anything on a sidewalk go at crawl walking speed and is able to stop on a dime like a walking people should. They expect the higher speed traffic to be on the street so many driver roll on the sidewalk and only stop at the street even when they should not.

About who being at fault. Worry more about physical condition instead of legal condition. 2000lb car vs a 20lb bike the car wins. Even if he is wrong your still the one that will get hurt from the hit. Being dead right is not something you want Ride where your expected in the street to reduce your change of getting hit. You may change route if you judge that one too hazardous.

fuzzbox

Well driving wise he would be at fault. Driver is supposed to stop for all pedestrians in marked and unmarked crosswalks.

HigherGround

That would be true, had the original poster been walking his bike across the road rather than riding.

bmclaughlin807

Legally... it REALLY depends on his local laws. In Colorado (OTHER than Denver) the driver would be at fault, since bicyclists are allowed to ride on sidewalks and in crosswalks. In the city of Denver, bicycles are not allowed on the sidewalks, so legally the cyclist would probably be at fault.

From a general standpoint, I'd say both were at fault... the driver SHOULD have stopped to make sure the sidewalk was clear (they NEVER do) and the cyclist should have known that there was no way an approaching car from the alley could see to the sides...

Personally, I'd chalk this one up as a learning experience and go on with my life.

Stacey

You're at fault, at least in Pennsylvania. Bicycles are vehicles, vehicles use the road surface, not the sidewalk... Unless you're a blue hair in a Buick then you can drive on the sidewalk and kill people waiting for the bus.

Sorry to hear you took a pounding and hope you mend soon, but stay off the freakin' sidewalk!

Cosmoline

If you were hurt badly enough to go to the hospital you probably should see a lawyer about your options to protect yourself. Do not in any event take some flip advice from people on line who have no idea what the laws are in your area. The fact that you had nothing broken does not mean you're free from injury.

How do you know that? The rules vary from town to town and even within a town. Here it's perfectly fine to ride on the sidewalk provided you follow the pedestrian rules.

Moreover, even if he had been violating a rule about riding on the sidewalk, this does not nec. prevent him from bringing and securing damages from a civil suit. In many states the question comes down to comparative fault. And there must be a nexus between the infraction of the plaintiff and the injury. So if he was riding a bike at the same pace as a pedestrian and the auto failed to stop when it should have, the fact that he was breaking some local law against riding a bike on the sidewalk might not matter at all.

Go see a lawyer.

Cosmoline

No no no no. If there was no nexus between the infraction and the accident, the infraction is irrelevant. Good lord, there's some cruddy advice on this thread. Please, OP, GO SEE A LAWYER.

Stacey

"I'm Rand Spear personal injury lawyer, call me 1-800-7LEGAL7"

Aaron_F

I sprained my ankle once really bad while I was skateboarding on private property... after I jumped a fence to get in. Didn't sue, just healed.

Sprint75

Chalk it up to experience. It's obvious not to do that again. Other than the fact that in many places it's illegal, in busy downtown areas it just doesn't make sense to ride the sidewalk (unless you go as slow as someone walking and even then...). There are too many obstacles, too many blind driveways and unpredictable people stepping out doors, car doors opening, etc. No one is expecting you to be there, so no one is looking for you.

On the other hand, in busy dowtown areas it doesn't make much sense to ride in the street either, unless you absolutely have to and have a lot of experience with it (IMO). As much as I would like to trumpet the rights of cyclists to share the road, the fact is people won't see you, don't see you, aren't looking for you, and will likely hit you. At that point it doesn't even matter who was at fault. If you are physically damaged, you lose. If you are OK with that and want to take chances, then go for it. But, I stay very clear of situations where I will have to compete with cars for my share of the road. It just isn't fun to constantly be looking in the rearview or thinking over my shoulder about every car that passes. There is always another, better way to get there. It might mean going a bit out of the way, but I would rather get there in one piece and take an extra half hour than get knocked down by some well-meaning driver who simply didn't see me. I pretend I'm invisible and assume that no one, driver or pedestrian, can see me, EVER. It works.

oldspice

Thanks for the advice. The most I got out of this thread was that to avoid injury since a car > bike and just to play it safe, after this accident it kind of gave me a different view on both driving a car and biking. At any rate, the hospital is looking for insurance information, I'm not sure if I should list my car insurance since they ONLY cover my cars and not bike (or is there some kind of hidden thing that covers my bikes as well)? I don't need my car insurance to go up so I'm kind of afraid to call them.

The police said both were equally at fault, I don't plan on sueing, is there anyplace/where I can find for free legal advice? I'm not that rich and I want to pay huge lawyer fees yet I don't want to front huge hospital bills either (dunno how much they are yet, just a x-ray and a 15 minute doc visit to my emergency room) . This is the first time anything like this have happened to me and I don't know where to turn for help. Thanks for the guidance so far though.

My bike sustained minor damage, a few stickers damaged (no biggie) and the spindle thingy that holds the wheel got bent (which can be replaced).

Machka 

This is a perfect example of why riding on the sidewalk is a VERY BAD IDEA. It is safer to ride on the road with the traffic. Traffic expects you there. They don't expect you on the sidewalk. If you are going to ride on the sidewalk (which is illegal in most places), stop and get off the bicycle at every single driveway or intersection ... in other words, become a pedestrian.

And sue? Who sues?? The thought of sueing wouldn't even enter my mind!

You might look over this site (and others if you google "bicycle safety") for safe riding tips:
https://bicyclesafe.com/

BTW - don't go and start riding the wrong way down the road now that you're not going to be riding on sidewalks anymore!!! When you're on a bicycle, you're a vehicle of the road. Ride like one.

Oh, as for insurance ... when you insured the household contents in your apartment or house, you would have about $500 of that toward your bicycle. But you can get more insurance for your bicycle if it is worth more than $500. Doesn't help for this situation though ... but you might want to consider it for the future.

Nermal

https://forum.freeadvice.com/forumdisplay.php?f=95

If you're unwilling to chalk the whole thing up to experince, past the above address into your address bar. It's about the best you are going to get without paying or getting a free consultation. You must give your state.