my fault for getting hit by a car while i was riding my bike?!?!

[McGyver]

Whoa whoa whoa was that by Saharas' Hooka Bar?

yupp. the corner of west grace and north Laural. did you see it go down?

[threlevenguy]

Whoa whoa whoa was that by Saharas' Hooka Bar?

[whysimon]

It sucks, but my mother was the motorist in a similar situation...... she completed her own case studies and proved she was in the right and the cyclist was in the wrong.

Sorry for your luck but I think you're going to have to pay....

[McGyver]

I own a bike shop, and have served as an expert witness in several court cases regarding similar incidents. Before you waste your money with a lawyer, review this site first.

As I read it, you were in the wrong for not being equipped with lights in accordance with the law. White shirt and street lights are not mentioned as possible mitigating factors in the law, therefore it is irrelevant.

All the motorist has to do is tell the judge he didn't see you because you had no lights. This situation is the same as if you were driving a car with no lights. Since VA law treats bikes the same as motorized vehicles, you were in the wrong. Had you been properly equipped and he still hit you, then you have a case for negligence on his part. Bike lights are cheaper than lawsuits and bodywork. Getcherself one.

yeah, i talked to a lawyer briefly and thats basically what he said, although he might be able to throw some BS suit together that would help scare the driver into not suing.

vid or it didn't happen.

im working on it, it was outside a school building, accross the street from a monitored lot a few businesses. so maybe i can find something for facebook...

[der affe]

i was hit on 3 different occasions on my cannondale road bike while riding ON THE SIDEWALK WITH TRAFFIC. once INFRONT of the business's owner i was working at (he was pulling over to offer me a ride and put my bike in the back of his truck). the girl that made the right hands turn into me (and cut off the shop owner) had big titties and i overheard the cop tell her "i'll get you out of this". so he comes over to me and informs me that he can ticket her, but he will have to ticket me also because i was riding on the sidewalk. i looked at him and told him "she cut off my boss and hit me on the sidewalk! and you want me to ride on the street on indian school road (one of the busiest streets in phx)?????? you are fucking nuts!"

"that's the law" was all i got from him.

it comes down to the fact that you have to watch out for yourself. no matter who has the right of way or is at fault. if you are dead, it wont really matter.

[daniel]

i flew up about 10 feet, rolled, and landed on my feet.

vid or it didn't happen.

[Farbin Kaiber]

Yeah, even a knog would have gotten you out of it. Also, whenever, and I mean WHENEVER you are in a collision on a bicycle and the cops/insurance issue comes up, get in the damn ambulance, take the ride to the hospital, get checked out, it can be the difference in them charging you for the whole mess, or dropping the claim due to your injuries.

[CAOSyAMOR]

He is absolutely right man. As soon as he tells them you didn't have lights that's pretty much throws your case out the window.

2nded

sorry to say man.

Could have been much worse, count yourself lucky.

[Erik]

I own a bike shop, and have served as an expert witness in several court cases regarding similar incidents. Before you waste your money with a lawyer, review this site first.

As I read it, you were in the wrong for not being equipped with lights in accordance with the law. White shirt and street lights are not mentioned as possible mitigating factors in the law, therefore it is irrelevant.

All the motorist has to do is tell the judge he didn't see you because you had no lights. This situation is the same as if you were driving a car with no lights. Since VA law treats bikes the same as motorized vehicles, you were in the wrong. Had you been properly equipped and he still hit you, then you have a case for negligence on his part. Bike lights are cheaper than lawsuits and bodywork. Getcherself one.

He is absolutely right man. As soon as he tells them you didn't have lights that's pretty much throws your case out the window.

[Vethen]

If I remember right the drivers handbook back when you get your license says cars should yield to pedestrians, i dontk now if that counts for bikes... I think they should have stopped, and agree with Turf1600. get a layer.

[Old'n'Slow]

I own a bike shop, and have served as an expert witness in several court cases regarding similar incidents. Before you waste your money with a lawyer, review this site first.

As I read it, you were in the wrong for not being equipped with lights in accordance with the law. White shirt and street lights are not mentioned as possible mitigating factors in the law, therefore it is irrelevant.

All the motorist has to do is tell the judge he didn't see you because you had no lights. This situation is the same as if you were driving a car with no lights. Since VA law treats bikes the same as motorized vehicles, you were in the wrong. Had you been properly equipped and he still hit you, then you have a case for negligence on his part. Bike lights are cheaper than lawsuits and bodywork. Getcherself one.

[AndrewBird]

Don't know about in your state, but here, cars don't have to yield to bikes if they are riding in the street with traffic.

Still sucks though. Sounds like the guy in the car didn't see you, but that isn't really your fault. he should have been looking better. What if you would have died? Would it still have been your fault? Hell no.

[slo325i]

lawyer.

+1

[Joe318is]

get a stick of chewing gun, an old spark plug, and some twine.... im sure you could find a way out of this mess

[Turf1600]

Lawyer.