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)

Motorist at fault. Left turning drivers must yield to thru traffic.

edit: thought this was a light

Since you had a stop sign, and he had a stop sign, I'm thinking in terms of right-of-way, the person who arrived at his stop sign first had it, after yielding to all north-south traffic.

Basically, if you're on a bike, then you are a vehicle, so this involves two vehicles, not a pedestrian and a vehicle.

If you entered the roadway first to cross (which it sounds like maybe you did since you were punched in the rear), then the other vehicle should have given the right of way to you, but if the SUV started the turn first and then you entered, then you would be at fault as they were legally in the roadway first, even coming from the other direction as when they started their turn, they were legally in the lane that you crossed. It's all a matter of timing, so basically, going on the info you've provided, it depends on who started moving into the roadway first. And as stated above, it would also depend on who was at the stop sign first who had the right of way, but since the bike path is technically not at the intersection (your drawing shows it's off by a little bit) then it would depend who started moving first

From the location of the collision, he had plenty of time to see you and yield.

He probably wasn't paying attention, and you were probably occluded by his A-pillar as he turned.

My Honda Element has an awfully wide A-pillar blind spot. I have to shift my head position to see past it on some left turns, and keep especially alert for pedestrians who approach from the left side of the road at mid-block crosswalks in downtown areas.

Check your state law regarding pedestrian cross walks. Here in PA as soon as a pedestrian steps into a cross walk they have the right of way and traffic must stop for them. At least in theory. Since the MUP is used by pedestrians they would have the right of way across the street.

In PA a bicycle on a sidewalk is legally a pedaling pedestrian. On a street the bicycle is the same as a motor vehicle. So since you were in a cross walk you could still be a pedaling pedestrian. Thus giving you the absolute right of way.

One more point to go with the left turn yield in the posting by noisebeam.

It it also correct that the motorist also did not have a turn signal on?

This applies only if it is the same intersection. The diagram indicates that there are two different intersections. The vehicle already in the roadway has right-of-way.

Cheers,
Geary

Well it is an interesting puzzle. I would think that in terms of the law, one could argue that a cyclist on a bike trail is a "pedestrian". So that would give you a plus.

Generally, left turning traffic has to yield to through traffic. I think that one counts for pedestrians also.

I do not think that you have a situation of stop signs going on here. The cross traffic has the right of way over the cyclists on the MUP and autos at the intersection.

In my way of thinking, the MUP is offset from the intersection so once the auto comes to a complete stop and proceeds he has the "right of way" over the cyclists at the crossing. However, as far as I know, the "right of way" does not give anyone the right to run over pedestrians or cyclists even if they are "wrong" or even an auto that "fails to yield".

If the auto had finished his stop, checked the cross traffic and started before you entered the road, he would have had the right of way. But he would still be compelled to stop is he saw you.

I really, really do not like most of these MUPs. They parallel busy roads and present multiple opportunities for motorists to turn right or left and potentially pile into a cyclist crossing a side street that the motorist is pulling into. If the major road is at all wide and not horrendously busy, I prefer to take my chances in the traffic where the right of ways are much more clear cut.

That's an interesting point. In the diagram shown, are there technically one or two intersections? But since the OP was already crossing, that question might not matter since regardless he was in the road, unless he arrived at his stop sign second and somehow went into the road first after stopping (assuming my theory is correct, AND an unlikely course of events happened.)

Yeah it is not clear if one or two intersections. The diagram shows MUP directed adjacent to roadway, perhaps to make it one intersection?

It looks like she was in the middle of the intersection when the collision occurred. The car turning left has to have an expectation that something (a pedestrian, even) might be in the intersection. If there were crosswalk-like lines, that would mean that there even more of a hint that something might be there. I'd say it's mostly the driver's fault.

I think it is part of the one intersection just like a sidewalk would be. (Note that a stopsign is implied for sidewalks entering a cross walk if there isn't an actual stopsign for the pedestrians since edestrians are supposed to look before they cross.)

Yes, they (likely) made it part of one intersection so that drivers and others didn't have to deal with two separate intersections right next to each other. Having the MUP be separate would increase the risk of running people over because it would be in an place that drivers would not expect an intersection.

There is a separate stop sign on the MUP but that's true of any MUP crossing around here. This one just happens to be right next to another street. In fact there's no sidewalk along the roads here and the MUP entrance/exit on the left is one of those curved, widened areas that incorporates the corner of the grass at that SW corner, for the most part.

To be honest I was dazed enough to not remember exactly everything, but I believe he had his signal on AND that I was there first, or I wouldn't have gone. But we were both stopped for cross traffic. There's a fine line between me being more confident now (with more cycling experience) and taking my turn when I believe it comes and yet that puts me at more risk for people who are not looking for me.

There are crosswalk lines painted and there's the 'trail crossing' sign/light. I kind of came to the conclusion that even if it's not considered the same intersection, I was in a crosswalk. And I was somewhere near the middle or far side of the street when hit in the rear, so that obviously shows I was well across before he got there. The parts of my rear blinky were all over the middle of the street so I imagine that's where the rear of my bike was, but I guess they could've flown off.

Thanks for the thoughts. The cop did not take down many details unfortunately so we'll see what happens. I don't know what story the driver told the cops either. The cop didn't believe me that I was yelling for him to look out, but since there was time enough for me to see him and yell at him, I was quite far out in the road by the time the wreck happened. Slamming on my brakes would have only made me get hit square on so I kept going and I'm lucky I got that far.

Duh, should've posted this first.
This is looking west at the MUP where I was coming from (the crosswalk I entered) and a view from above, assuming the link works right
https://maps.google.com/maps?f=q&sour...251.11,,0,6.39

A car crossing the center line has to yield to ANYTHING in the road. Pedestrians, dogs, whatever.

+1

Besides, he's obligated to be looking at where he's turning. He wound up hitting OP so it would appear to be more a case of his negligence. I doubt that "right of way" would be much of an issue in this case.



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Sadly this appears to be the typical "make the cyclist a pedestrian" type of treatment that is all too common when it comes to MUPs meeting roadways. (a far better solution is to have an MUP terminate in a regular cul-d-sac that then meets the cross street with all standard widths and signage)

While I tend to believe the motorist was at fault, as they could just as easily hit a ped in the marked crosswalk... the fact that there is a marked crossWALK makes it appear as if the design intention is for you as a cyclist to become a pedestrian at that point and walk your bike across. The intersection within an intersection approach has issues, of which you were the victim. It is difficult for a motorist to see all approaching traffic at such an intersection, especially when you may be arriving quickly from "just around the bend."

This appears to be an area with low speed limits... so a motorist really has the time to scan all around... but no doubt motorists tend to overlook the MUP, and probably also tend to roll the stops... thus avoiding their due diligence.

Bottom line, this is a poor design, and since cyclists always lose in any collision with a motorist, I would tend to take it upon myself to ensure that there were no motorists about before crossing... and cross with utmost care.

Personally I would ride right up, do a quick track stand and verify that no driver is "flying" through the intersection, then I would ride right across.

Where you already in the opposite lane (already crossed one)? If so you had entered the rode prior to him clearing the intersection. There is a nearby city (Peachtree City, GA) established completely around MUPS (over 70 miles). There are specific crossings that have stop signs for the MUP. As far as the one intersection questions you would have to reference the state DOT rules. A lot of states are banning entrances within X amount of feet of an intersetion to avoid a similar situation.

well do you have a bell? I doubt yelling is a device, but maybe audible 100 feet away.
A well educated motorist could cite that law. You could say I wasn't able to ring the bell/device in time if you have one.
https://www.in.gov/legislative/ic/cod...ar21/ch11.html

Did they cut the corner as your diagram shows. One of the very first things they talk about in the DMV manual.
https://www.in.gov/bmv/files/Indiana_...pter_Three.pdf

You can ride on the greenway or sidewalk nothing about crosswalks unless that is an extension?
https://www.cibaride.org/index.php?It...tent&task=view

And if you said there was a flashing yellow light above your head, then it appears there are two intersections here.

IC 9-21-3-8
Red or yellow flashing signals

(2) Flashing yellow (caution signal) means that when a yellow lens is illuminated with rapid intermittent flashes, a person who drives a vehicle may proceed through the intersection or past the signal only with caution.
As added by P.L.2-1991, SEC.9.

If there are two intersections then the driver would have to argue that he completed the turn (thereby establishing lane control) prior to entering the intersection where he hit you. I would argue that if you entered the road prior the driver completing the initial turn then you established lane control. Looking at the sky view of the intesection I do not see where the flashing light would be posted?

This is the driver's view, looking west. You can see the arm over the crosswalk that has a pedestrian walking symbol, a sign that says Pleasant Run Trail, and flashing yellow lights on either side of the sign. Of course this sign is above the cross street, which the driver was turning left onto.


This MUP is considered a greenway. I am not aware of any special rules for dismounting in crosswalks from driver code, but then I'm usually on the road, not in crosswalks. From greenway rules https://www.indy.gov/eGov/City/DPR/Do...te04.18.07.pdf #7 is Stop for cross traffic and obey all signage. The only sign for me was a stop sign, and I stopped and had a foot down because several cars were passing when I got there.

I don't know how much he cut the corner if at all, honestly. I fell in the northbound (far) lanes and he hit the rear of the bike, and I was quite a ways across the street, but I don't know exactly where.

I do appreciate the comments/questions.

The pictures of the actual intersection are helpful. To the driver, the thing you were in looks like a crosswalk (it is a crosswalk). I'm assuming the entrance to the crosswalk doesn't have a sign that tells cyclists to walk their bikes in the crosswalk. If the X is accurate, it looks like the driver was cutting the corner. Note that the driver had a stop sign. Was it daytime, twilight, or night when the collision happened?

While you might have been going faster than the driver might have expected, he should have been able to see you. I'd say it's (mostly) the driver's fault.

Keep in mind that it's important for you to be aware that cars might do what this car did and that it is, at least, prudent to act accordingly.

From the photos, it is clear that there is one intersection, and the MUP crosses the street at the marked crosswalk. When the driver has a stop sign, he must wait until oncoming traffic lears and crosswalk traffic clears before turning left. A cyclist on the MUP certainly does not have fewer rights than a pedestrian in the crosswalk, and an identical accident with the driver hitting a pedestrain certainly would be the driver's fault. In the OP's accident, the driver definitely is at fault. Contact his insurance company and get them to fix your bike.

7 p.m. EDT, which is daytime around here this time of year. Partly cloudy? Unfortunately I picked this day to wear a gray shirt (normally wear a bright one) and my flashing light is only on the rear, but it sure wasn't dark out.

The X is only as accurate as where I think it happened. Too bad yesterday wasn't a day I was running my video camera. The driver and I were both stopped for cross traffic, and I definitely saw him, but going straight/not arriving after him, I went across when traffic was clear. I did have an eye on him and did not get the sense he was going first, but I should have made more sure in this case (I think he may have had to wait for additional NB traffic while I was able to enter the intersection first, but don't recall for sure--maybe that's why I didn't keep watching him enough).

There were no signs for me except that special stop sign like you can see from the MUP the other way. Mine was actually quite a ways back on the trail, no extra directions about walking etc.

You might want to get a front white blinky (for daylight riding).

There are two "interesting" questions: 1) who is at fault after the fact and 2) if you are doing all you can (reasonably) do to avoid the "fact" in the first place! (Keep in mind that you can only really control what you do; You can't control what the other driver does.)

Note that, even if you have the right of way, you have some responsibility to take reasonable action to avoid a collision.

So, you saw him. Where you stopped when you saw him? Was he moving when you saw him? Was his blinker on? Was he making the turn when you first saw him? Did you have any expectation that he might have crossed into you?

============

You are probably going to want to see the police report. I suspect that the easiest thing for the driver's insurance company is going to be to pay for the damages you incurred in the collision since the monetary amount is small. It looks like you weren't injured at all. I suggest working up documentation for cost of replacement for stuff that was damaged and submitting it to his insurance company. You might talk to your bike shop about how much it will cost to make your bike whole again.

I'd say it's the driver's fault under the assumption that you had already entered the intersection before he left the stop sign (which seems likely based on your statements). It also seems pretty clear that the driver was the one who had the last clear chance to avoid the collision.

I'd get an estimate or two from LBSs on repairing/replacing your bike and contact the driver's insurance company. My expectation (based on a couple personal incidents) would be that they'll be pretty cooperative in settling for the property damage in exchange for a signed statement from you that this covers the damages in full. Those are for small amounts to them compared to the possibility of long-term medical and pain/suffering if injuries are involved.

Of course, be sure that you don't have any significant injury before settling - sometimes it takes a while for an internal injury to be noticed.