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Who is in the wrong? Car accident..

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MNS
Posts: 5386 - Karma: 3,241
OK so i got hit my a car. Im not hurt much and the car is fine. Heres what happened. There was a pedestrian already more then half way across the crosswalk, and i saw a car waiting for the pedestrian so it could make a right turn, so i cut onto the crosswalk to catch up (on my bike actually) and a car that wasn't waiting to turn hit me. He was pissed at me too. I illustrated with paint what happened.


BTW: this is on a university campus after everyone just got out of class, so its a slow/cautious zone thats got tons of pedestrians and drivers are normally extremely good.

Click for larger image

I always thought that if there is a pedestrian on the crosswalk you HAVE to stop, but i dunno. I'm not looking at this as a support thread, im actually not sure if i was wrong or the driver was. Mainly because other drivers were stopped b/c of the pedestrian
Feb 9 2010 2:43PM
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-+Siver+-
Posts: 1902 - Karma: 12
pedestrians always have right of way over cars
Feb 9 2010 2:46PM
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GoonThug
Posts: 324 - Karma: 16
it is illegal to drive through a cross walk unless the pedestrian is completely off the cross walk.
Feb 9 2010 2:49PM
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MattWeiss
Posts: 1005 - Karma: 377

the driver should have stopped, i mean what the hell, if you see someone on a bike or not in the road you let them pass/cross or whatever, not hit them.  he was probably pissed cause he dropped his coffee or because everyone saw him do it

Feb 9 2010 2:50PM
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skiierman
Posts: 28699 - Karma: -5,563
he's in the wrong legally, but you can't be a fucking idiot on your bike either. just cause its the law for him to stop, its not guaranteed that he will.
Feb 9 2010 2:54PM
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Elijah.
Posts: 9322 - Karma: 76
Sounds like it's the drivers fault.
Feb 9 2010 2:55PM
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Tinga
Posts: 11349 - Karma: 2,333
you had the right away. but just because people have the right away doesnt mean they wont die.
Feb 9 2010 2:58PM
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uosdwiSrjewoH
Posts: 4220 - Karma: 122
it kind of sounds like you straight up cut off a car by booking out in front of him after he'd started going. Ya, you're supposed to wait for the crosswalk to be fully clear, but you're also not supposed to cross when there's a car that's already started moving
Feb 9 2010 3:02PM
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geteducated
Posts: 6410 - Karma: 86
lol at bikers who come off the sidewalk on to a road and think they own it for those two seconds before they go back on the sidwalk. 


Feb 9 2010 3:07PM
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MNS
Posts: 5386 - Karma: 3,241
There is no cross walk light, and also the car hadn't stopped and started going, iit never stopped in the first place
Feb 9 2010 3:08PM
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MNS
Posts: 5386 - Karma: 3,241
i wouldnt classify myself as a biker..i ride a 50$ bike around.
Feb 9 2010 3:11PM
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geteducated
Posts: 6410 - Karma: 86
oh so you just blasted on to the road thinking that since you still had time because there was someone else who just crossed, the road had become a free walk zone.     did you want the guy to slam on his brakes?  at those kind of cross walks i never assume they are gonna stop until i see them stop.


Feb 9 2010 3:12PM
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MNS
Posts: 5386 - Karma: 3,241
the guy was still on the crosswalk when i crossed
Feb 9 2010 3:16PM
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mmallender.
Posts: 5805 - Karma: 936
does having the right of way transfer over to being on a bike (another moving vehicle)? for some reason i dont think it does, because bikes often have a bike lane on the road, and have to obey traffic lights and signs.

so if you were actually riding your bike you might be in the wrong but i am not entirely sure
Feb 9 2010 3:19PM
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airjake
Posts: 674 - Karma: 222
not ur fault at all
Feb 9 2010 3:19PM
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soulskier
Posts: 17806 - Karma: 3,841
are looking at this from a legal point of view or are you trying to make yourself feel better/like less of a dumbass?
Feb 9 2010 3:24PM
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MNS
Posts: 5386 - Karma: 3,241
no, haha i dont feel bad and its not legal. im just curious
Feb 9 2010 3:26PM
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soulskier
Posts: 17806 - Karma: 3,841
ah i see, sorry didnt mean to call you a dumbass
but next time be wary, car > you
unless your riding this
Click for larger image
then you may have a chance
Feb 9 2010 3:32PM
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andrew.ski
Posts: 368 - Karma: 69
only in CA. i know that there might be other states that have that law but in nevada that law doesnt apply.
Feb 9 2010 3:34PM
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RJD2
Posts: 3532 - Karma: 921
We had a case like this at Ohio University last year. The kid was actually awarded $100,000 in damages. He was slightly more hurt than you and had to require surgery, but he sued. He is fine to this day and has about $85,000 in his pocket. Best day of his life he says.
If you are in the crosswalk and get hit, you have a huge advantage if you are looking for legal returns, or if not, thats fine too.
Feb 9 2010 3:35PM
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MNS
Posts: 5386 - Karma: 3,241
thats why im not sure, i know i'd be in the right cause pedestrians always have the right of way but i was on a bike
Feb 9 2010 3:44PM
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RJD2
Posts: 3532 - Karma: 921
You are right actually, i think cyclists have to obey the rules of the road, as if they were a vehicle. Are bikes even allowed on crosswalks/sidewalks? The kid that got hit at my college was walking.
Feb 9 2010 3:45PM
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graciousstallion
Posts: 363 - Karma: 13
I think unmotored vehicles, like a bike, are treated the same as a pedestrian, but im not sure..
Feb 9 2010 3:56PM
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skiierman
Posts: 28699 - Karma: -5,563
bikes have to follow the same rules as vehicles WHILE on the road (they have to go the same direction of traffic, stop at red lights, etc.). BUT if a bike is on the sidewalk, which is LEGAL unless specified otherwise, you do have the right of way in a cross walk as if you were on foot.
Feb 9 2010 4:29PM
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mmallender.
Posts: 5805 - Karma: 936
i looked up a victoria cyclist guide and it says the opposite

Yield to pedestrians in the crosswalk. You must dismount and walk your bicycle when in a crosswalk.

Riding on sidewalks
It is against the law to ride on sidewalks, unless specifically directed to do so by a sign or local bylaw. Several studies have proven that cyclists on sidewalks face a far greater collision risk than cyclists on the roadway. The main danger points are driveways and street crossings where sidewalk cyclists surprise motorists and pedestrians by appearing from unexpected directions. Bicycle police and paramedics are permitted by law to ride on sidewalks.

you are in the wrong, sorry dude. its good to know though
Feb 9 2010 4:41PM
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MNS
Posts: 5386 - Karma: 3,241
hahaha thanks Mitch, this is pretty much all i was looking for in this thread.
Feb 9 2010 4:49PM
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mmallender.
Posts: 5805 - Karma: 936
haha no problem, glad i could help.
Feb 9 2010 5:02PM
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beermuscles
Posts: 1821 - Karma: 100
my girlfriend got hit first weekend up here at psu this year .. she is perfectly fine, no surgery .. but i so badly wanted her to press charges. she got hit by a wing delivery person. she was in a sidewalk, drunk as shit, but sobered up real fast when hit by the car as far as composure goes, and she did not get breathalized.

/sadclaim
Feb 9 2010 5:07PM
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skiierman
Posts: 28699 - Karma: -5,563
well then i must have grown up with different laws. and yeah you are at a higher risk of getting into an accident while using sidewalks and cross walks on a bike.
Feb 9 2010 6:22PM
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THATS_STREET
Posts: 2250 - Karma: 33
kinda similar story with the dude getting pissed.


i was longboarding in the U of U stadium parking lot. i was looking back talking to a friend and i hit a dudes truck while he was driving. haha. dude got out and was trying to fight me over it haha. real funny situtation. no damage was caused.
Feb 9 2010 6:28PM
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Slinger1x1
Posts: 8853 - Karma: 65
SUE SUE SUE!!!!
Feb 9 2010 6:28PM
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annex_
Posts: 1659 - Karma: 1,499
Don't know about where you are but here bikes have to follow the rules of the road if they are ON the road you technically would have been considered a pedestrian so you're not at fault but did the guy see you fully or were you in his blind spot?
Feb 9 2010 6:31PM
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mmallender.
Posts: 5805 - Karma: 936
well we are in canada and you are in the states. even though its illegal everyone still does it, and cops generally wont ticket you for biking on the sidewalk, but from a legal standpoint, you will be in the wrong if you are involved in some sort of incident and you are biking across a crosswalk or on the sidewalk.

so it really just comes down to dont get into any accidents or anything of the sort if you are biking like a pedestrian
Feb 9 2010 6:42PM
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asapCferg
Posts: 3057 - Karma: 358
You had the right away. This same thing happened to my cousins boyfriend and he ended up in a back brace and almost died. People deff need to be more careful around cross walks
Feb 9 2010 8:35PM
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mmallender.
Posts: 5805 - Karma: 936
sorry about your cousins bf, but if he was on a bike, legally he would not be
Feb 9 2010 8:37PM
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fireballin
Posts: 392 - Karma: 13
really you only needed to type the first sentence to determine who was in the wrong
Feb 9 2010 8:51PM
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nipples-the-cat
Posts: 643 - Karma: 28

this has some flaws in it from what i know, i ride my bike every where, sidewalks, highways, interstates, roads, citys, towns... you can ride on the side walk as long as you are not disturbing pedestrian traffic, and if you are on a bike ,on a paved road, all the rules of driving a car apply to you. you just have to be very careful because cars dont see riders as easily as cars or motor bikes... but as far a settlement in concerned.. i really dont think you would get much, if you not badly hurt and you did comply to the rules of the road a judge would probabily say "GTFO my court and stop wasting my time and taxpayers money"

sorry bro 

Feb 9 2010 9:31PM
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Mr.Feeny
Posts: 990 - Karma: 11
its definitely the drivers fault, peds have the right away, and technically your not suppose to go unless theyve completely crossed, but most people go once theyve walked or rode past the lane they want to turn into, so its the drivers fault, i would have raised hell haha
Feb 9 2010 9:34PM
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J.DUKE
Posts: 1233 - Karma: 38
The real question is : Was it a woman driver?

If so, the answer is simple
Feb 9 2010 9:36PM
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mmallender.
Posts: 5805 - Karma: 936
you obviously still can ride your bike wherever, but what it means is that you are still a moving vehicle technically, so just because you are riding on the sidewalk does not grant you the same right of way that a pedestrian would get as far as being hit by a car for cruising out into an intersection from a crosswalk. i agree there are flaws in the laws. i am sure there is more to it than that, but that is what i have taken from it
Feb 9 2010 10:07PM
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