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.
If the bike is in fact totalled, then it’s not a lie. If it’s not, then yeah, that’s going too far.
That, and in this instance in Alabama it was not a crosswalk and was it was not an intersection. Had it been an intersection with a crosswalk, then a pedestrian would have had the right of way, but had it been an intersection without a crosswalk, then the truck would have had the right of way (For the cite just go through s. 32 above). A good way to think of it is that unless there is a marked crosswalk at an intersection, pedestrians are not allowed to throw themselves out into traffic and claim that they have the right of way.
The pedestrian would have the right of way.
Think of it this way. There is a public “way” that is called the highway, of which there is the sidewalk (the pedestrian way), the roadway (the vehicle way), and other strips of land that are part of the highway but is not actually used for travel (e.g. the grass). A private road, driveway or parking lot is not part of the highway. Most jurisdictions will have a law requirng that a vehicle stop or yield before entering the “way”. Depending on the drafting of the law, it might require stopping prior to entering the highway. Or it might break things down by requing a stop prior to crossing a sidewalk or prior to entering a roadway. Either way, what it comes down to is that pretty much everywhere will require stopping before entering the “way”.
Have you read Muffin’s citation of the relevant Alabama code? Does it change your mind at all about this incident?
Because, by law, the guy in the truck didn’t hit you; you hit him.
Sounds like the opposite to me.
If, in the scenario I gave, the pedestrian has the right of way, and if a car were going south on Water St, that car would also have the right of way, then it stands to reason that a bicycle would also have the right of way.
Vehicles are usually required to stop (or sometimes just yield) prior to entering a public highway. The sidewalk is usually defined as being part of the public highway, ergo . . .
Its kind of a grey area as while this is certainly true, he’s not supposed to be on the sidewalk with what is considered a vehicle.
My opinion is that if the truck was so badly driven that it would have struck a jogger then it is decidedly the driver’s fault. Sadly I do not know if the law will see it that way.
Regardless of who has the legal right of way, our esteemed OP forgot an equally important rule. It’s called the right of weight. The right of weight rule states that you should not pull in front of something that out masses you by 20 times, cause when they run over you it will hurt. 
It is a little grey, sure. According to the OP, the sidewalk is exactly where he should have been, though he should have been on the other side as well. But the fact remains that if you’re the driver of the truck, then you have a responsibility to not hit anything in the sidewalk, be it person, vehicle, elephant, or bag of goo.
Ah yes, the mantra of vehicular bullying justification.
I’m a cyclist. I don’t wanna yield, but I’ll plan to because even more than not wanting to yield, I don’t wanna be a hood ornament! It’s called defensive driving.
But you’ve completely neglected to discuss where the car and the pedestrian and the bicycle are. You’ve also ignored the actual law about a bicycle being a vehicle.
A car on the road would have right of way.
A pedestrian on the sidewalk would have right of way.
Would a car driving on the sidewalk have right of way? No, because it is a vehicle and is not supposed to be on the sidewalk. Similarly, a bicycle, which is also a vehicle, doesn’t have right of way on the sidewalk.
Next to Kelly drive in Philadelphia we have a MUT with entries to parking lots. About once a month some driver turns into the parking lot at speed right in front of me or just missing my rear wheel. I’m alert, I hit the brakes when I see the problem, but I have hit the side of a car and all the defensive riding in the world couldn’t prevent the issue.
I’ve had situations like this when walking on the sidewalk in town as well - some drivers prefer to pretend that there are no sidewalks.
Absolutely. The scenario I described is one I’m in a lot, except instead of the parking lot it’s a side street. I trust drivers coming out of it not to hit me about as much as I’d trust Hitler not to kick my puppy. I don’t cross there unless the driver gives me clear instructions to.
I would love to have a cop posted there.
If the bike originally came from a store like Target, the bike shop guy isn’t going to be especially interested in looking at it, but do him a big favor and tell him up front that if the bike is damaged that you willl be buying the new one from Target and not his bike shop.
When you come back, post a photo of his bootprint on your ass.
If there’s frame damage, it’s inherently totaled. And, like it or not, people are considered responsible even if the law says the accident wouldn’t be their fault. Funny how that was considered the truth early on when it was the OP who did something stupid but legal. Now, though, the law trumps everything, morality be damned.
There is just some stuff you don’t say to other human beings unless you are trying to start a fight, and “You’re lucky it wasn’t me, or I’d have made it even worse for you” is one of them. There is no reason to say that other than as an attack. Sometimes I wonder if people say crap like that because it gives them an excuse to be angry when the other person inevitably lashed out back.
No I didn’t. I’ve stated that the pedestrian is on the sidewalk, and the car is on the street.
I get that the bike is a vehicle, but it’s still a little fuzzy about where it belongs. It looks like it depends on the jurisdiction. In some places bikes can be on the sidewalk, in others they can’t.
Not at all, it is called common sense.
I live in California one of if the most pedestrian friendly states there are, but if I am on a sidewalk and a car is waiting to pull out across the sidewalk I make eye contact before I step out in front. Same with alleys next to buildings. I look before stepping out.