i was recently struck by a motorist while riding resulting in minor injuries and a destroyed bike. i was riding against traffic (i know wrong... only option) riding with traffic takes you directly onto a restricted acsses freeway. against trafic allows acces to surface streets after about 200 meters. i was struck head on by a motorist as the motorist was turning right out of a parkinglot. the exit ramp gives a very clear veiw of the shoulder on which i was riding. the driver was turned around watching traffic looking for a clear spot to pull out while the vehicle was still rolling. he never saw me . he was stopped at the yeild sign but chose to proceed while looking behind him.
i am not interested in sueing for huge amounts of mone but i loved my bike and would like a new one. do i have a leg to stand on leagaly since i was riding against traffic with out other options?
2007-08-24 08:00:56 · 8 answers · asked by Anonymous in Sports ➔ Cycling
jay p,
there are no side walks on that road and had i been waliking my bike i would have been on the same sholder going against traffic as per law, i just would have been lower to the graound and would have suffered more injury.
2007-08-24 08:26:56 · update #1
ct,
first i was just asking your opinion, at no point did i claim that i was going sue, the individual. i was just currious. it has become obvious that i am in the wrong. as for my "shamelessness" spare me the moral high road.
2007-08-24 10:41:26 · update #2
Unfortuantley you probably do have a case. In my opinion you shouldn’t, you want rights as a car, you should be treated like a car (you didn’t HAVE to drive the wrong way, cars don’t have to and they can still get to surface streets) But alas, I do think you have a case. Good luck.
2007-08-24 08:10:44 · answer #1 · answered by Anonymous · 0⤊ 2⤋
No man...
sorry, you even said you shouldn't be biking against traffic.
Hate to say it, but your situation (with the right turn) is why you can't bike against traffic - cars don't/can't/aren't expected to luck at or for you...
Would have been safer on the sidewalk or a different route (and I think sidewalks are dangerous for the same reason - cars don't look for bikes). Another route would be best
Sucks that that happened to you!
good luck
EDIT***
If no sidewalks, then definetly another route would do.
As for walking instead, if you were walking you would be moving slower (easier to see and avoid), and might have a good case.
Walking = Pedestrian
Biking = Vehicle
EDIT 2***
I was going to be nice and leave it - BUT it is disgraceful that you would attempt to sue the poor driver who's way you got in!
That is greedy and shameful - You clearly know you were at fault - it indicates such in your statement.
Cut your losses - learn a lesson - and think of others
2007-08-24 15:09:36 · answer #2 · answered by ct 4 · 2⤊ 0⤋
You weren't struck by a motorist. You struck him. Unless you are on a road where cyclists are strictly prohibited, there are always other options than riding against traffic. You're unlikely to get anything from the driver's insurance since you caused the collision. If you have homeowner's or renter's insurance, you might be able to make a claim against that.
2007-08-24 15:14:16 · answer #3 · answered by artmichalek 3 · 0⤊ 1⤋
You could hire a lawyer to get damages for your bike and injuries, but it would be a longshot. You were at least partially at fault because you were riding the wrong way. When cars make right turns, the drivers only look to the left, because they don't have any reason to expect traffic (and "traffic" includes cyclists!) coming from the right.
2007-08-24 18:53:22 · answer #4 · answered by crazydave 7 · 0⤊ 0⤋
Unfortunately you do not have a leg to stand on here. You did have another option...walking your bike for that section of road. You were traveling the wrong way on the roadway. If you were a car, would you have done the same? Unfortunately, that's how you have to think since all of the rules of the road that apply to cars also apply to bikes in most states.
2007-08-24 15:12:42 · answer #5 · answered by Jay P 7 · 1⤊ 0⤋
I WANNA KNOW IF YOU HAD YOUR HELMET ON????
Maybe a little too tight
Regardless if have a leg to stand on or not. Learn and do what is right morally.
You said it, you were wrong BUT....
It's called doing what is right. These days especially, with cycling under fire we have to do it right. From not skidding on single track to obeying the rules of the road.
Dont forget to floss everyday> mental floss
Hope you r ok!
2007-08-24 15:57:29 · answer #6 · answered by ? 6 · 1⤊ 0⤋
No, you have no case legally.
Next time, when you get a new bike, walk it if you have to go against traffic.
Or at least, go very slowly and be prepared to stop.
2007-08-24 17:12:26 · answer #7 · answered by AviationMetalSmith 5 · 0⤊ 0⤋
you will be guilty of all charges
2007-08-25 05:18:49 · answer #8 · answered by G-T Rider 3 · 0⤊ 0⤋