But he wasn’t hon a lulu, he was on a bike.
sorry bout that - but get off the damn sidewalk already and don’t ride on the tracks!
Your value judgment doesn’t really matter. If there is no law against riding on the sidewalk in his jurisdiction, then the onus is on that driver to avoid hitting him.
There’s also the argument that a driver is still obligated to avoid hitting a parked vehicle, even one that’s parked illegally. Even though the OP may be on the wrong side of the law, the driver still had an obligation to yield to pedestrians/bicycles, and to avoid hitting him.
Also, nobody would “have to” take you to court. They’d just report a claim to your insurance company and, if you were found liable for the accident, they would pay for his damages (or a portion of them, if it was found that you had partial but not total liability).
I was giving the benefit of the doubt and using an above average driver as my example.
It doesn’t matter if it is legal or not, the question really is “Is it smart?”
The answer to that is a resounding no, riding on the sidewalk is industrial grade dumb.
Am I the only one who found it amusing to click on “Right here is exactly where it happened” and get a map of North America?
I was taught, when I was a kid with a bike, that a bicycle is a vehicle, is part of traffic, and as such is supposed to obey all traffic laws, including riding in the street (not on the sidewalk), riding with the flow of traffic, obeying all traffic lights and signs, etc. Some of this made more sense to me when I later got my driver’s license and gained more experience with how traffic actually works.
I also remember being taught in Driver’s Ed that, when driving over a sidewalk (e.g. when pulling out of a parking lot) I should always stop before crossing the sidewalk and look both ways for pedestrians before proceeding. I remember this being stressed as one of the things they checked on the behind-the-wheel driving test. But, as Rick pointed out earlier, you were probably going several times faster than anyone the driver would have expected to see coming his way on the sidewalk.
(81) . . . a bicycle or a ridden animal shall be deemed a vehicle, except those provisions of this title, which by their very nature can have no application.
No person shall drive any vehicle upon a sidewalk or sidewalk area except upon a permanent or duly authorized temporary driveway.
That’s just terrible.
That’s a terrible thing to do.
You would hide in the fine prints of a law simply to get out of paying 150 bucks for something like this? That just isn’t right. I don’t give a shit about legalities, or rights of way the number one thing about this whole situation that actually hurts is the fact that he (and I guess you) just don’t care. It sounds stupid to phrase it this way but it’s just downright mean. You’re spitting in the face of the PERSON YOU HIT because you have some uppity complex about being right.
No, the problem is that Sir T-Cups rode in front of a moving vehicle. Hence your (1) isn’t particularly valid because Sir T-Cups wasn’t where the vehicle was going.
Your fault was riding in an unsafe manner.
It doesn’t matter that it was private property or a roadway. You were going from a place where no cars are driving to a place where cars are driving. In that situation you always yield to the cars in the place where they are driving. Doesn’t matter if it is a parking lot, coming out of a driveway, coming from off road, or a sidewalk.
I don’t wish to speak for Alice the Goon, but I personally have little desire to pay to fix something caused through the fault of another person.
I always thought that vehicles coming out of a lesser area yield to those on a more main thoroughfare. In this case the driver’s obligation was to pull up to (not in) the road, stop, look both ways, and then proceded. Traffic on the street has no obligation to yield to him.
The sidewalk isn’t a more main thoroughfare.
From a parking lot? It certainly is. No one on a sidewalk has a duty to yield to someone who is in a driveway or parking lot and stopped.
This is the major point that you are not getting. One of the reasons riding a bicycle on a sidewalk is so dangerous is that every driveway becomes an intersection. Combine that with riding against the flow of traffic I don’t understand how you find it surprising he missed seeing you.
Looking at the street I disagree there is no room for you, it’s a 4 lane road with 2 lanes going each direction with an extra turn lane in the middle. As a vehicle, and a bicycle counts as a vehicle so it shouldn’t be on the sidewalk, you are entitled to use one of the lanes.
How in the world is something you can’t drive on a more main thoroughfare than one you can?
You’re the one asking someone to lie so you can screw a guy out of more money than is necedssary.
Take a look at this picture.
Let’s say I am walking north on Water St., on the left. Assume the purple car exiting the parking lot and is stopped a few feet back from where it is in the picture. We arrive at the same time. Who yields to whom?
Who is he asking to lie?
Pedestrians have the right of way when they are in the crosswalk. This is something written into the law of most states, and is a generally accepted rule of the road. Bikes don’t have the same protection, as they are vehicles not pedestrians.
He’s going to ask the bike shop guy tomorrow to say that the bike is totaled, so that he can get a new bike.
Asserting my right to not pay for your ignorance of the law is not “hiding in the fine prints of a law”. You were in the wrong, and you not knowing the law is not a defense.