+1

You were at fault.

Sorry, but that's the way it is.

No idea about Specialized's replacement policy, but if you don't have luck with them, get with Calfee at https://www.calfeedesign.com/howtosendrepair.htm No personal experience, but lots of people on BF have had incredible luck with them. Good luck.

I have to defend the OP on this one, and disagree with all of you folks who are throwing the 'just the way it is' attitude: pedestrians can't just fling/march/saunter their way into moving traffic and proclaim their 'right' to be there. That isn't the 'way it is,' nor is it the law in any state in which I have resided.

I cycle in the city all the time, and take extreme caution as I pass thousands of cars/pedestrians/dogs on my way to the quieter roads of the park [motorcycle safety training helps with this, for sure]. In the city, people are usually pretty good about respecting the importance of crosswalks [both drivers and peds]. Bottom line is that people can't walk into traffic from the far side of a truck or bus or whatever and expect the cars/bikes on the other side to be going slow enough to stop for them. This would make NO sense.

op - What is your local law about jay-walking?
If you have any case, it probably hangs on that.
Doesn't help that the policeman on the scene didn't support your side.

I sympathize with you but you should of came to a stop or slowed down a wee bit more.

Ideally, you should of slowed down (or stopped), smacked the punk on the back of the head, then haul ass out of there.

I have to speak against the OP on this one. At some point you made the assumption that this kid was going to fix the risky situation that he created. That was clearly a poor assumption on your part. At the same time, this dumb kid probably assumed that you wouldn't be stupid enough to plow into him if he was blocking your road. A poor assumption on his part. Either way, there were two poor assumptions, and if either one hadn't been made, then the accident would have been avoided.

You can't ever expect others to look out for your safety, or even their own for that matter. All you can do is to always expect people to be stupid, and take precautions to make sure you're not involved if something happens. I.E. Look out for yourself, and be frustrated with your own actions if they kept you from avoiding an avoidable incident.

Always blaming things on the 'other guy' is what's tearing this country apart, and waisting money on bringing cases to court that shouldn't ever be considered. Buck up a little and just try and avoid it next time.

-J

The OP took NO caution. He saw the pedestrian in the street, and rather than slowing down he just kept plowing along while yelling. He should have used his brakes. End of story.

Mine does. They're called my fingers and modulation.

I did slow down and he had PLENTY of time to move out of the way and cross the street. He purposely did not do so and he was not in a crosswalk.

turn

I have this image in my head of a young kid standing stationary near the edge of the road with his back turned and a cyclist 50 ft. (yes, even if it were only FT. instead of YDS) encountering sever object fixation and panic, unable to make a decision whether to go to his right or his left before inevitably crashing into him.

If you did your responsible part, the only way you'd have run him over is if he was pretending to not see until the last moment, then turned and dove into your path as you passed by a safe distance away...OR if he RAN AT you and crashed into your stopped bicycle as you waited for him to clear your way.

Kids can be amazingly disrespectful, arrogant and stubborn. Its our responsibility as adults to NOT be these things when faced with decisions. After all, we've been around long enough to know better.

-J

OP did you even attempt to slow down or did you just figure it was his responsibility to get out of your way. Maybe he stayed where he was so that you could make a decision and go around or maybe he figured he'd take his chances with a bike at 20 mph rather than 2 tons of steel at 50...

Also, why does everyone seem to see pedestrians as a nuisance? If someone wants to do the earth a favor and walk/skateboard (or even bike) somewhere, couldn't we give them a break and be thankful they are pouring more co2 into the air?

I did see him and made eye contact with him and I did slow down. He needed to take 1 step to get on the curb. I did try to turn around him and he took a step back. Had I swerved much more, I was in traffic. I was not trying to play chicken with him. He was being an arrogant, passive aggressive little you know what. He was completely unscathed. When I asked him why he did not move out of the way he said there was a car between him and I and he could not see me. #1, there was no car. #2, if there was, why would he walk in front of it??

dude, you've got to remember that you're a vehicle on the road just like any other vehicle, and that kid is a pedestrian. sorry man, but you have to obey the laws, even if it means interrupting your all important weekend workout. imagine the same situation from a different perspective:


I was driving my truck doing about 20MPH on the way home along the ocean on a 2-lane road. 2 cyclists are riding in the street about 50 yards ahead of me. I see the one guy look my way and then look away and slow down as he rode. I start slowing down and honking and he does not move. I try to swerve around him and he stops and I hit him. I get out screaming at the guy and he says he did not see me because of a car going the same way as me. There was no car! I call the police and they arrive shortly thereafter. Cop tells me that peds always have the right away.

I was in the toyota and now the bumper is cracked! Luckily, I walk away with a banged up grill and headlight. The kid is unhurt.

A police report was filed and I intend to call the guys parents to see what they think. Pretty sure that will be a waste of time and they will not want to cough up any cash to repair my truck.

What do you think? I have heard toyota is great with warranty and crash replacement. Any similar experiences and how did you handle it?

Although I sympathize with your plight, and from what you described the kid needs a good kick in the ass, I think this is a loosing case. In the end it will be his, and his buddies, word against yours. At best it will be a no fault accident, at worst they will hold you financially responsible and magically the kid will have a few thousand worth of medical bills. My .0002 cents, drop the case and learn from the experience.

I'm not sure about your state, but in Colorado, the kid would be at fault and should be issued a citation for a class B traffic infraction. He would be guilty regardless of whether or not he was on the skateboard (different statute, tho), unless he was in a marked crosswalk, and did NOT "suddenly leave a curb or other place of safety and walk or run into the path of a moving vehicle (that includes a bicycle, btw) which is so close as to constitute an immediate hazard". The pertinent statute: C.R.S. 42-4-803 Crossing at other than crosswalks (1) Every pedestrian crossing a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right-of-way to all vehicles upon the roadway.

The kid said that he saw a car, and that's why he didn't cross the street. You say that there was no car. If there was no car, then why didn't you take the lane to get around him?

If there wasn't a car, then what was the problem?

(Not an attack, I'm just trying to clarify.)

-DR

Then why did you hit him?

You need to man up and take some responsibilities for your own actions. What if this was a young child (toddler age) who chased a ball into the street?

If there was no car preventing the kid from crossing the street then you could have taken the lane and moved around him, or you could have stopped and waited for him to go one way or the other. As the operator of a moving vehicle (and bicycles are classified as vehicles), you have certain responsibilities while on the road.

Hope that you don't get sued.

Policemen don't get paid to be lawyers.

Crossing the street on feet no easy feat, reader finds
Posted by the Asbury Park Press on 07/22/07
Walking can be a dangerous thing.

Statistics back that up. New Jersey has a higher-than-average pedestrian fatality rate, 21 percent of those killed in motor-vehicle accidents, compared to the national average of 11 percent, according to the National Highway Traffic Safety Administration.

But these days, the state is trying to do something about it.

A recent study by Fairleigh Dickinson University's PublicMind, co-sponsored by the state's Division of Highway Traffic Safety, showed that a vast majority of New Jersey drivers (87 percent) know they must stop for pedestrians in the crosswalk. The survey also showed that awareness drops with age — from 92 percent of those younger than age 30, to 82 percent of those older than 60.

I would like to know who to contact about having a crosswalk marked on a state highway. At Route 70 and Chambers Bridge Road in Brick, there is no crosswalk.

This has proven to be very dangerous, especially for many seniors who are dropped off by bus there, or who go to the shopping center for food. There are other crosswalks along Route 70 (Van Zile Road, Cedar Bridge Avenue), so how do we get one here?

JOANNE McCLELLAND, Brick

The pedestrian crossing laws offer new protections for those seeking to make their way across highways by walking. The law requires drivers to yield to pedestrians at marked crosswalks or within any unmarked crosswalk, except when traffic is being regulated by police officers or traffic-control signals.

But this doesn't mean you can cross wherever you want. Pedestrians who choose to jaywalk shoulder the responsibility for any accident that occurs.

If you think your intersection needs a crosswalk, and it is on a state highway, the state Department of Transportation would have to be convinced.

To get their attention, you will need help from the Brick police department, the township council and the mayor. They would have to ask the DOT to do a study of the intersection. If the study concurs with you, they would authorize a crosswalk.

Pam Fischer, director of the state Division of Highway Traffic Safety, knows the numbers that pedestrians face.

"There are approximately 150 pedestrian fatalities each year in New Jersey," she said.

"These statistics reinforce the need for New Jersey to further enhance its efforts to protect pedestrians, in particular during the busy summer season," Fischer stated in a news release shortly after the university survey was released. "We need every motorist to know and observe the law when it comes to pedestrians. Drivers must yield to a pedestrian in the crosswalk.

"At the same time, pedestrians must remember to cross only at corners and to obey traffic signals. Safety is everyone's responsibility."

To combat the problem, the division helps local and county agencies to develop pedestrian safety programs involving education, enforcement and engineering.

The enforcement component puts more police patrols at locations in the community where there have been pedestrian accidents.

The engineering component provides traffic engineering help, such as improved crosswalk striping and signs.

Comprehensive Pedestrian Safety Grants funded by the state have been successful. On average, participating municipalities have seen a 20-percent first-year reduction in crashes involving pedestrians. Brick could make an application for one of those grants.

Well, since you're so convinced you're in the right, contact an attorney and sue to recoup the loss of your frame. Then, when your butt is laughed out of court, pucker up for the countersuit.

Really, if you had the time to shout at the kid to get out of the way, and make eye contact as you assert, and that there was no car to be found, then you could have stopped. If you're incapable of stopping within 50yards then you were either riding too fast, riding too recklessly, or have zero control of your bike.

Boy, tough crowd here, but I agree with them. In general I always assume that cars, dogs or peds will do the worst. Peds will step off the curb right in front of you. Approaching cars will turn left right in front of you. The driver in that parked car you are passing will open the door right in front of you. The dog in the yard will attack, and so on.

Stay alert, stay alive.

Chopper1, So we can better understand how events unfolded, please could you refer to my previous posting in this thread and answer my question?

I find it often surprises people how fast road bikes can go. People crossing often just glance quickly, see its a bike and assume we are slow and they have plenty of time. They dont look longer to judge our speed and estimate if its safe for them to cross. There arises the trouble. I am forever yelling at people, especially downhill to get out of the road. If they are off the road, its their obligation to respect my right to do 30 in a residential area or more outside villages/towns/cities. Once they get a foot on the road, you need to do your part in avoiding a collision. Methods for dealing with this vary based on the situation. They all call for situational awareness, communication if possible and the brakes...

To OP:

I tend to agree that you should have just been more cautious and avoided the collision if possible.

HOWEVER, end the guessing and simply find out what the situation is in your state when a pedestrian crosses a road outside of an intersection, like you said this guy did. The answer will likely be one of two:

1 - pedestrians always have the right of way, therefore you're screwed.
2 - pedestrians do not have the right of way if they are crossing the road at an improper place. It this is the case, I'd call the cops and request the kid get ticketed. After that, I'd try to collect for a new frame from the kid, his parents, or using small claims court. If the kid were ticketed, it would be much easier to do.

If the kid doesn't get a ticket, (even if he should), I'd drop it and buy a new frame and chalk it up to "life's not fair". Without a citation for the kid, it will be your word against his whether you could have stopped. Even if he is in the wrong for crossing where he did, if you could have stopped but chose not to (e.g. if you chose to maneuver instead of stop), I really doubt you could win your case. I would vote against you if I were on a jury. I believe most people - possibly even the law - would think that you have the obligation to avoid hurting a pedestrian even if they cross illegally.

Traffic, what traffic? You said there were no cars so you should have gone to your left. That is the way your supposed to go anyways. If was the kids parents I'd sue you too. If the kid was walking and not riding his board that really makes you at fault. Your pretty much screwed...