Obligatory "hey im new here i hope this is the right place to post this" post



MarshaW

New Member
Apr 28, 2011
2
0
0
Hello, I am new to cycling and am enjoying it a lot so far. I was recently struck by a vehicle while entering a crosswalk from a sidewalk. I was going towards traffic (again, on the sidewalk) and she was trying to make a right turn on a red signal. I was approaching on her right and when i entered the crosswalk she struck me. Her insurance company is saying they think it's my fault (obviously). I am not sure what to think. Any advice my friends?
 

64Paramount

Well-Known Member
Jul 25, 2009
1,640
62
0
I'm not sure I understand I completely understand the scenario, but based on what I think you're saying:


You were crossing an intersection like a pedestrian, but you were riding a bike.

If you want to be treated like a pedestrian, then you have to get off your bike and walk it through the crosswalk.

If you choose to ride your bike through intersections (most of us do) then usually you need to follow the same traffic laws as the cars do, because you are not a pedestrian.

There are exceptions where you might be riding against traffic and still have the legal right of way, a dedicated bike lane in the opposite lane of traffic would be an example, but you said you were riding on a sidewalk entering a crosswalk....

So, it's sounds like you were riding your bike expecting to be treated as a pedestrian, but I suspect the court will treat you as a vehicle and find you at fault, or at least partially at fault.

But, if I'm misunderstanding what you said and you were walking your bike through that crosswalk as a pedestrian...then the driver is at fault.

I hope you didn't get hurt!
 

MarshaW

New Member
Apr 28, 2011
2
0
0
Originally Posted by Volnix .

Did you call the police at the moment of the accident?

That is one of several things i regret not doing.


Originally Posted by 64Paramount .

I'm not sure I understand I completely understand the scenario, but based on what I think you're saying:


You were crossing an intersection like a pedestrian, but you were riding a bike.

If you want to be treated like a pedestrian, then you have to get off your bike and walk it through the crosswalk.

If you choose to ride your bike through intersections (most of us do) then usually you need to follow the same traffic laws as the cars do, because you are not a pedestrian.

There are exceptions where you might be riding against traffic and still have the legal right of way, a dedicated bike lane in the opposite lane of traffic would be an example, but you said you were riding on a sidewalk entering a crosswalk....

So, it's sounds like you were riding your bike expecting to be treated as a pedestrian, but I suspect the court will treat you as a vehicle and find you at fault, or at least partially at fault.

But, if I'm misunderstanding what you said and you were walking your bike through that crosswalk as a pedestrian...then the driver is at fault.

I hope you didn't get hurt!
I was riding it across the crosswalk. She was stoped at a red light attempting to turn right. as soon as i got in front of her car, she accelerated and hit me. I assume she was just looking left for traffic in that direction and wasnt expecting someone entering the crosswalk from her right. yeah i escaped with some bruises on my leg and what im hoping isnt long term knee pain.
. I
 

Ike90

New Member
Feb 10, 2005
98
2
0
[SIZE= 14px]It's obviously going to depend on where you are and applicable laws, but the notion that bicyclists are not treated as pedestrians if they're riding is an archaic one, and many jurisdictions have changed that law. [/SIZE]

[SIZE= 14px]The law in Washington State, where I reside, reads: [/SIZE]

[SIZE= 14px]Bicyclists using crosswalks have “all the rights and duties applicable to a pedestrian under the same circumstances”, meaning that motor vehicles must yield to bikes.

This law, however, also requires bikers to yield to pedestrians in the crosswalk and says “No person operating a bicycle shall suddenly enter a crosswalk into the path of a vehicle which is so close that the driver cannot yield safely.” [/SIZE]

[SIZE= 14px]If she was making a right turn on a red light and you were crossing with the "Walk" sign, she is in the wrong, in Washington at least. That of course, is only true if you didn't "dart" into the crosswalk.[/SIZE]

This is probably the biggest danger that I face on a daily basis, namely right turners that look only to their left. I operate on the assumption that will not see me, but I'll get pretty close to them before they hit the accelerator, so that as they've committed to the turn, they suddenly realize that they're pulling out right in front of me. Typically, they get a nice scare out of it. the key is not to ride in front of a right turner unless you've made eye contact with them, and you know that they won't go.

I face a similar scenario in a local crosswalk, and I've actually been the cause of two rear-end collisions this year because of it:

I'm stopped at a crosswalk while traffic to my right is turning left across the crosswalk, and traffic across the intersection is waiting to turn right after the left turn signal changes. Of course, when the left turn arrow goes red, I get the walk sign. So, I'm in the crosswalk and the right turners on the opposite side of the street begin to turn in front of me. They aren't paying any attention to me as I ride right toward them, until I get close to their side of the street, then they finally see me and slam on their brakes. Meanwhile, the person behind them has also committed to turning, and usually gone back to texting on their cell phone, so when the first vehicle slams on its brakes upon realizing that I'm right there in the crosswalk, the one behind naturally plows right into them.

I actually do feel bad for these people, but heck, if they can't pay attention, who's fault is that?