My wife got hit by a car last night while we were both riding to get some burgers, and I have it all caught on video tape. Could any of you guys point me towards some good information for bikers on how to take legal action, and understand their rights.

We were both riding to get something to eat at White Castles, and this car came out the drive way and hit my wife.

I can't really explain everything good on a forum the way it happened, but I'll try. The video tells the whole truth. Here's a little drawing below I've put together so you guys could get an idea of what happened and the street.



There was no traffic coming towards us at all .The road was clear and safe to reach the side walk, so it's not like we were riding against traffic, cause we were not. I went first, and my wife was behind me following. I got on the side walk then turned around, and the driver drove right into my wife, and she and the bike fell down in the street.


We both had on our super bright NiteRider Storm H.I.D lights. I even shined my light at the driver letting him know were coming through. The driver saw me, but then drive into my wife. He did not even care to look both ways.

It is negligence on the part of the driver, he should have looked both ways before driving out. He only looked towards the left hand side for cars while turn right into my wife, and did not even look to see my wife even though he just seen me ride on the side walk with a bright light.

This person did not even help my wife out the street , some other people who saw everything helped her. He did not say a word the whole time, not even are you OK.

The cops keep trying to make me feel like the guy did not do nothing wrong, and that makes me very very VERY ANGRY. I wanted to hurt the driver but kept cool the whole time. The cop said "the guy did not have to look both ways before driving out the drive way", I said "That's crazy, what if someone cross the street and he hit them, then what?". It's like the police just took the side of the driver, and treated this problem like its no big deal.

They took my wife to the hospital cause she hurt her hand when she fell, so I had to walk home with both bikes (angry), and did not even get anything to eat from WhiteCastles.

When I was about to go home, I even talked to the driver and gave him a hand shake, and said "don't worry, everythings OK, she's not dead". He couldn't even look me in the face, he was in total shock about what just happened. He did not even say sorry, nothing.

The video tape tells the whole truth.

Thanks for any good advice guys.


Peace.

RINGO

Your explanation seems to show you were riding the wrong way down the street... Is this what you truly meant?

We were not riding against traffic, we cross over to get to the side walk. In the images I've post you could see the white line, that's were we started from. The light was red, we were on the right side of the street and made a left turn so we could get on the other side, and so the cars could see us.

We were not riding down the street or against traffic, cause their were no cars in sight. The drawing I've post may make it look that way, but it's not so. We made a simple turn to get on the side walk in from of the store. If we ride on the side walk the cars in the drive way really won't see us coming, cause they don't stop, they just come out driving fast and don't even look to see if someone is coming on the right side.

Peace.

RINGO

Unless the exit from White Castle was at the corner, you had to ride the wrong way down the oncoming lane to get to the sidewalk. You seem to justify your action by saying there wasn't any traffic, therefore it was OK to ride the wrong way. Then you blame the driver for not looking for traffic going the wrong way. As I see it, you were at fault. Two things, you have to obey the same laws as a motor vehicle, and ride like you're invisible...

Well Ringo I am sorry but your illustration shows you turning into the MIDDLE lane of ONCOMING traffic, and to me its not surprising AT ALL that you got clocked by a car coming out of the parking lot, since he/she would be looking LEFT at that time for oncoming vehicles.

I might add that if you were turning left you should have been in the left lane behind that car, and waited your turn at the intersction.

Can I ask why it would be so incredibly humiliating to pull off to the right, push the button on the stop light, and/or cross the intersection when the signal was in your favor? You could easily walk into the parking lot (Which are also dangerous places for riding, I might add..arf!) and go to your White Castle. Especialy at night!

roughstuff

I have to concur. I hate to hear about your bad luck and hope your wife is doing better. I just wouldn't haul that illustration into court. You may as well walk in with a guilty sign on your back.

Once the cars had gone the green route, after the green light, you should have gone one of the red routes and you would have been more apt to be legal. Riding on the sidewalk is regarded different ways in different communities. In my city it is legal.

According to your own drawing you did at least three things wrong:

1. You took a left turn right in front of a car that was stopped at a red light (seems like you ran the red light?)

2. You turned right onto oncoming traffic. Obviously, there were traffic there (the car at the red light and the car that hit your wife).

3. You turned left onto oncoming traffic (a one way street even).

The car was on a one way street, about to turn right where there were three lanes in the same direction. The last thing he would expect is someone coming from his right.

Sverre

BULL! They were for all practical purposes on the side walk. They went around the car stopped at the light safely. They made a left turn at the intersection and in essense took the saidewalk from the corner. The stupid policeman says you don't have to look both ways!!!! Was the sidewalk ONE WAY! also, or is it OK TO TAKE OUT BIKE SKATER PEDESTRIAN ON SIDEWALK!!!?? I hope you wife gets well. Any medical should be paid by negligent driver's insurance.

I think the problem may lie with the illustration. I assumed that the cars had already left but maybe you ran a red light and pulled in front of the cars. Either way, the law is going to be looking to determine fault in a traffic accident, which is what this was.

It looks based on your illustration that you broke a whole host of traffic laws. That does not give the other party the right to run over you. I would think the other party should be cited as well for entering an intersection that was not clear.

Maybe you can shed some more light on the illustration and prove us wrong. However, as it looks in the sketch there was an awful lot that went wrong. Fortunately it doesn't look like anyone was seriously injured this time.

Bikes have to follow the same vehicle laws as automobiles. The acid test is, Would you follow this same route if you were in an automobile? I can't emagine it. You are lucky that you were not dead wrong. While you are on your bicycle you follow the Vehicle Codes for slow vehicles. When you dismount and are pushing your bike you are a pedestrian and follow the codes that govern pedestrians.

Please correct me if I am wrong, but your story and picture give this impression:

You and your wife ran a red light, made a left turn from the rightmost lane, and travelled the wrong way across traffic. If you had performed the same manuvers in a motor vehicle you would have gotten a ticket, even if you had not caused an accident.

I'm also not clear how you "got it all on video" Do you really mean you filmed the scene afterwards to document it?

I'm sorry about your wife.

Paul

(Note: I am not saying you were to blame -- I am just giving my understanding of your story and picture)

Was there a video surveillance camera that caught the whole thing, did you videotape the accident, or just the aftermath? I'm confused here.



The diagram you drew makes it appear that you were riding the wrong way down the street, after running a red light and making an illegal left turn. Whether there were cars there is immaterial. You were not riding where you were suppose to be, and could have been cited by the police. It is also against the law to ride your bicycle on the sidewalk in New York City, and you could have been cited for that. According to your diagram, I see 4 violations that both you and your wife could have each been cited for.



If you're driving a car, do you look to the right when you are making a right turn out of a business? Very few people do because they do not expect to be traffic coming towards them the wrong way. He may be partially liable for causing the accident, but he was not negligent.


I'm sorry the driver didn't say anything but in today's lawsuit happy climate, I can't blame him


The police are right, he really didn't do anything wrong. It's a good thing you kept your cool, the police would have had a field day with that.



I'm sorry your wife was injured and I hope she recoveres quickly.

If this happened in New York, and I'm guessing it did if you live in the Bronx, the driver's auto insurance will pay your wife's medical bills, no matter who caused the accident.

Yea, good luck with legal action. Just because you aren't in a car doesn't mean you don't have to follow laws. I don't see why you are so mad when you were making horribly illegal maneuvers. If you are riding on the road, and you wouldn't do it in your car, I suggest not doing it. I don't think you'd cruise your car up that route would you. You could've paused, used the two cross walks and been fine. I'm sure the driver said nothing cause he was so shocked to find someone coming at him the wrong way on a road. Looking or not.

RINGO had made it safely to the sidewalk but his wife was someplace behind him. That is not 'for all practical purposes on the sidewalk'. She was (according to RINGO's diagram) in the street riding the wrong way when she was struck.

This reinforces in my mind the principle I'd dearly love to see every cyclist take to heart: Just because you can ride practically anywhere on a bicycle doesn't mean you should!

I hope your wife recovers and continues to enjoy cycling. I also hope that this incident leads you both to adopt safe practices.

I went riding with someone who was constantly performing these kinds of illegal and unsafe maneuvers. Not only did the errant cyclist nearly get into and cause accidents with automobiles but they nearly took out other cyclists on our ride too. Needless to say that was the last time I rode with them. Please learn the rules of the road or stay off them for yours and others' safety.

The majority of you people aree yuppy ass scum suckers! No, "man I'm sure glad your wife is ok." Screw you all! Sir, I for one am glad you did not get hurt nor did your wife, seriously. Yes, you did not obey traffic laws. You were in the wrong there, however. The driver should have looked the other way for side walk traffic, which apparently he did not.

Now, screw the people who offered nothing but crucification for him being on the wrong side of the road! You really make my blood boil.

For the ones who did say something, God bless your kind hearts.

Huh??

I would simply contact the drivers insurance company to file a claim for the accident. The accident does not appear to warrant taking legal action (at least not at this time). Keep all records of any medical expenses, lost wages, etc. You need to have th ebike examined and get one or more estimates on repair.

The best thing of all is that it sounds like your wife's injury is minor. Bikes are disposable.

Really htough guys. The Illustration looks like you two took an illegal left, tehn went up the wrong way street. If the sidewalk was untraveled, i would say do that instead of going wrong way in the street.

Maybe the driver kept quiet since there could be a lawsuit against him. you have to remember we are in the land of the lawyers, and the home of the sued, so in an accident there are key words you never say...one of them being sorry, since it implies fault. I will admit when it's my fault, but if I know it's not...screw what happens...I will not say that word, since that could automagically backfire on me if they sue me for their mistake.

Either way, hope your wife is feeling better, I've been hit before , sucks to say the least.

well according to what I see and read and know about White Castles
White Castles usally has an Exit only drive
and looks like she cut across that drive
could be why the Cop didnt site the other guy
and it doesnt matter if the roads are empty or not, Bikes do not get
any extra rights, ride on the Right in U.S. and pass on the Left
Stop at all Stop signs and Stop Lights

maybe your drawin is off but if a car took that route and got hit
someone would have been sited

Hope your wife recovers ok and that this doesnt deter her from rideing

If you scroll back up and look at the same diagram these people you put down are looking at, you'll see that his wife WASN'T on the sidewalk, but was coming into the driveway from the wrong direction in the street. In my state she'd be lucky if the police didn't give her a ticket for going the wrong way down the street, and test her at the hospital for DUI. When I'm riding my bicycle, people that pull these maneuvers are more dangerous to me than all the cars and trucks on the road around me.

I agree with you. I was more coming from the angle that since she had her HID activated if the driver would have looked right he probably would have seen her regardless of if he were looking straight down the sidewalk.

I must apologise for the delivery I chose in my statement. It was harsh and angry; but I believe that even if we are wrong, we gotta stick together.

I'm going out on a limb here, since I'm not an expert or researcher in this, but I think that if car drivers see a light that is not familiar to them, they assume it's from something other than what's moving around in the street, or on the sidewalk. I've seen the HID lights before, and realized immediately what they were, but I wonder if car drivers think they are looking at a light that's source is "off the street", as in from a store or other building?
Also, with all the lighting in the area, especially around fast food joints, I wonder if the driver even could have seen more than just a tiny pencil of light, which would be easy to miss. I've been missed by car drivers using my Cateye EL-300 riding to work in the dark, but not when I mounted two, one aimed above the roadway at people's eyes. I'm right now eyeballing the GEN3 light from Performance that puts out 10W of light from AA NiMH batteries for 8 hours, at $60. Even though we think we can see well with our lighting, I wonder how "visible" it is to others around us that we want to see us?