| stevemo600 |
So last Thursday I was bikeriding to the University along 83rd Avenue going west from 101st street where my apartment is. It was about 9:30am and the traffic along 83rd was steady but by no means really hectic. Parts of 83rd are 1 way so I decided to bike on the sidewalk as there were no pedestrians on the sidewalk and it would allow me to get to school a bit quicker. So I'm bikeriding and i'm around 105th street. On my right hand side is a parking facility, not underground, but just a regular coin parking as there are a few dental and doctors offices across the street (I assume this is where the patients park). As I'm passing this parking facility, a guy is coming out of the parking area and hits me as I'm biking past it on my right hand side. I was on the sidewalk the whole time and he didn't stop before going through the sidewalk. He hit my right leg and I flew off of my bike and onto the adjacent grass. I later found that the gears on my bike are messed up and my bike definitely needs repair. I have his name and all of that pertaining information.
I went to the doctors immediately following the accident and got some X-Rays. The doctor said that none of the major bones are broken but there may be a small hairline fracture that he cannot see in the X-Ray. He told me to monitor my leg, and come back in a little while if the pain continues. I've been finding lately that my leg is hurting quite a bit but I am still going to wait until the end of the weekend to see if it gets better.
I called him and he is now claiming that it is my fault and that I road my bike into his car, which is totally bogus. I was going straight down the sidewalk to school and the very front of his bumper is what hit my leg, meaning that in order for me to run into his car, I would have to turn hard right as I'm passing his car. The guy is scared that I'm going to report the accident to the police or sue him.
I'm just wondering what the thought of the police and other members are. Do I have grounds to sue this guy? At least to fix my bike as it is a pretty nice bike? Isn't it usually the drivers fault in an incident between a car and a biker or pedestrian?
Any information would be greatly appreciated. Thanks in advance. |
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| penance |
Cyclists are subject to all of the duties and the rights delegated to drivers of motor vehicles.
This principle is founded on the premise that the operating characteristics of a bicycle, such as speed and maneuverability, are more similar to that of a motor vehicle than those of a pedestrian.
Studies on bicycle safety consistently indicate cyclists are safer when they are treated as a vehicle, and operate as such, while on the road as required by law.
(501) No person shall ride a bicycle having a wheel diameter in excess of fifty (50) centimeters on any sidewalk except where permitted so by a traffic control device.
Basically from that, i'd say no you wouldn't win... unless your bike is a bmx or something with a small tire diameter. Yes the driver should have been more cautious... since it could have been a pedestrian. Technically the driver is supposed to stop prior to crossing a sidewalk anyways. However, riding a bike, you are not considered a pedestrain (nor permitted to ride on sidewalks) under the Alberta Bicycle Bylaws. So i doubt either of you should bother pursuing this.. |
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| SilverNeonRacer |
Well bicyclist have to follow the same rules as cars...
Now you are supposed to stop before you enter a sidewalk when leaving a parking lot.
I would start with filing a police report.. then approach him and or his insurance.
If you just looking for your bike to be fixed and cover expenses such as pain meds, I don't see an issue... I wouldn'tgo out right and sue... would be a waste of time and take too long.
Worst case it'll be a 50/50 blame, since you don't have insurance as being on a bike, you really can't. His insurance should pay out.
I was involved in a car vs pedestrian accident, the pedestrian literally ran in front of my car, because the witnesses where useless it's a 50/50(other wise I would have gotten off, and could have sued him, I still could have....) and my ins co will pay out, just the guy hired a laywer and tried for $600,000+(medical expenses, new house(more accessable), new car, etc) so my ins co is trying to get them to settle for a reasonable amount.
*edit - you could alway pose it as a question, what if you where running rather than riding. On a full blown sprint I used to be able to peak at 50km/h couldn't hold it for long, but if the motivation was there I could do a short 50-100ft sprint at 30-40km/h. I found this stuff out by running beside cars.
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| stevemo600 |
I'm not looking to sue him for a large lump sum. I just want some money to fix my bike and cover some of my expenses due to the accident. My leg is a bit messed, I am limping around like an idiot but I'm glad that nothing is broken.
The thing that pissed me off, is that I contacted this guy to ask him for his insurance information and also asked if he would just give me a couple hundred to fix my bike and cover med's but he wasn't havin any of that. He actually ended it off by blaming me and saying that I road my bike into his car. So this isn't so much that I want to milk this accident, it's that this guy is an idiot and won't admit that he hit me, so I want to do what I can to give him what he deserves. He's a bitter older man that thinks he can do no wrong and that he can smoke a teenager and get off with it.
I just want to know if I'm wasting my time by filing a police report and then contacting his insurance company to see if I can get a bit of money. I don't plan on full out sueing the guy and getting a bunch of money I don't deserve, just want him to cover what I think he's responsible for. |
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| n0c7 |
| You could try reasoning with him and say "hey look, I'm just looking for the cost of repairs to my bike". |
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| SilverNeonRacer |
| No definatly file a report and approach his insurance, explain everything what happened. The insurance company will either send you packing right away... in which case contact an ambulance chaser, or they'll figure something out. |
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| stevemo600 |
quote:
Originally posted by SilverNeonRacer
No definatly file a report and approach his insurance, explain everything what happened. The insurance company will either send you packing right away... in which case contact an ambulance chaser, or they'll figure something out.
Will I get a ticket from the Police when I go into a station for riding my bike on the sidewalk? |
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| SilverNeonRacer |
| Well.. depends on how you word it... if you word it in such a manner that the sidewalk was pedestrian free and you didn't feel safe to ride on the road... probably not... |
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| HEWSINATOR |
Have to chip in with the whole bik eon sidewalk thing. Hust a pet peeve of mine.
You are not supposed to ride on the sidewalk (I rarely do, in some rare instances), but then on the rode, you are buzzed by cars that think you ought not to be there. I ride a road bike, about 100km a week, and you would not believe how many times on the road I have been within inches, literally, from being hit. A couple weeks ago a friend of mine was hit, busted up pretty good, and somehow was found at fault. Why? Because he was riding along the side of the road, not in the middle of the lane, and thus the person that hit him said he did not dignal when leaving the curb lane, BS. Give cyclists room.
Just today I was riding up Conner's hill, and a car came so close to me so fast, that the wind pushed me into the curb.
That is my rant, and drivers that do not pay attention to cyclists piss me off to a point where today considered carrying rocks with me to throw at the assholes who are in such a hurry or so careless that they can not even give me 1 meter when passing. |
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| sparkycivic |
since bikes aren't supposed to be on a sidewalk, a car driver should not be expected to be looking for one, just as he shouldn't have to be looking for cows, trains or rocket-sleds when he is crossing a sidewalk with his car. even if he did stop and look, he probably wouldn't have seen you because you are moving so much faster than any pedestrian would be, not to mention the obstacles that were most likely present since sidewalks are nt designed with long distance visibility in mind.
Just let it go, be glad that you didn't get ran over by someone with a very large vehicle, and remember that when you choose to ride on the sidewalk, you choose to accept the risks that come with it. I'm not trying to sound harsh, but it's just that I don't have sympathy for the stupid. |
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| stevemo600 |
quote:
Originally posted by sparkycivic
since bikes aren't supposed to be on a sidewalk, a car driver should not be expected to be looking for one, just as he shouldn't have to be looking for cows, trains or rocket-sleds when he is crossing a sidewalk with his car. even if he did stop and look, he probably wouldn't have seen you because you are moving so much faster than any pedestrian would be, not to mention the obstacles that were most likely present since sidewalks are nt designed with long distance visibility in mind.
Just let it go, be glad that you didn't get ran over by someone with a very large vehicle, and remember that when you choose to ride on the sidewalk, you choose to accept the risks that come with it. I'm not trying to sound harsh, but it's just that I don't have sympathy for the stupid.
I think that you need to realize the facts here. I understand that I shouldn't have been biking on the sidewalk, I rarely do but I honestly don't think that many people can say they've never biked on a sidewalk before. I wasn't biking very fast at all, prolly as fast as a runner would have, meaning he could've just as easily hit a runner or jogger which would have been a lot worse. Just because I was biking on the sidewalk doesn't give a vehicle the right to take out whoever they want. I understand that I should've been on the road and that's why I'm not looking to be an asshole and sue him for a large sum. I'm honestly worried about his driving skills in regards to not stopping before a sidewalk. I don't expect him to look for "cows" or "rocket-sleds" on the sidewalk but again, just because whatever is on the sidewalk isn't a pedestrian, doesn't mean you don't have to look out for it.
I think your response was fuckin useless and totally unjustified. You're an idiot and "stupid" in my mind for not understanding both sides of the story. |
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| GOT BOOST |
Hi Stevemo600,
I would say you would be lucky to get anything out of it. I had experienced something similar to that in May 2000 except I was the driver.
You must ride on the road, you are subject to the rules of the road. You also must DISMOUNT your bike if you are going to cross the crosswalk.
Back in May 2000 I was driving down Groat Road north approaching 118th Ave. I saw this joker hoping his bike from the sidewalk onto the road with out looking and almost getting nailed by cars. To make a long story short, when the light turned Green at the traffic circle, I had proceeded to turn right on to 118th Ave. I shoulder checked, no one was there, proceeded to go, checked again, no one was there. I was mostly through the crosswalk and intersection on a Green light for me when I heard this loud thump. This tool had gone full speed on his bike into my passanger side door with out dismounting. He caused $1800.00 worth of damage to my car, yes $1800.00. His bike was folded up like an accordian and he was cut, bleeding and bruised. The impact was on the passanger side door. Afterward he was yelling and screaming at me because he claimed to have the right of way on his bike on a crosswalk and that I ran him over. When the Police showed up they investigated it and asked me I would like to have them charge him with the collision as he was supposed to dismount his bike when crossing the crosswalk and he never did. I just wanted him out of my face so I said no, as I did not know then what I know now. End of the story resulted in me processing a claim on my insurance under the collision coverage and he got nothing. My rates went up for 3 years, although I was not deemed at fault.
From experience I would say that your chances are slim.
Mike Nikolai |
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| stevemo600 |
quote:
Originally posted by GOT BOOST
Hi Stevemo600,
I would say you would be lucky to get anything out of it. I had experienced something similar to that in May 2000 except I was the driver.
You must ride on the road, you are subject to the rules of the road. You also must DISMOUNT your bike if you are going to cross the crosswalk.
Back in May 2000 I was driving down Groat Road north approaching 118th Ave. I saw this joker hoping his bike from the sidewalk onto the road with out looking and almost getting nailed by cars. To make a long story short, when the light turned Green at the traffic circle, I had proceeded to turn right on to 118th Ave. I shoulder checked, no one was there, proceeded to go, checked again, no one was there. I was mostly through the crosswalk and intersection on a Green light for me when I heard this loud thump. This tool had gone full speed on his bike into my passanger side door with out dismounting. He caused $1800.00 worth of damage to my car, yes $1800.00. His bike was folded up like an accordian and he was cut, bleeding and bruised. The impact was on the passanger side door. Afterward he was yelling and screaming at me because he claimed to have the right of way on his bike on a crosswalk and that I ran him over. When the Police showed up they investigated it and asked me I would like to have them charge him with the collision as he was supposed to dismount his bike when crossing the crosswalk and he never did. I just wanted him out of my face so I said no, as I did not know then what I know now. End of the story resulted in me processing a claim on my insurance under the collision coverage and he got nothing. My rates went up for 3 years, although I was not deemed at fault.
From experience I would say that your chances are slim.
Mike Nikolai
That's a rough situation man and sorry to hear your insurance rates went up like that.
I think I'm going to take the advice given and not sue this guy. In my mind, I think we'll both end up getting tickets (one for him not stopping before a sidewalk and me for biking on a sidewalk) and then we'd prolly split the damage to my bike.
Thanks for all the help guys. MOST of you have helped me out! Looks like I'm in the market for a new bike if anybody can help me out with that...lol! |
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| TrevorK |
quote:
Originally posted by stevemo600
That's a rough situation man and sorry to hear your insurance rates went up like that.
I think I'm going to take the advice given and not sue this guy. In my mind, I think we'll both end up getting tickets (one for him not stopping before a sidewalk and me for biking on a sidewalk) and then we'd prolly split the damage to my bike.
Thanks for all the help guys. MOST of you have helped me out! Looks like I'm in the market for a new bike if anybody can help me out with that...lol!
Another reason not to pursue this further is if you damaged his car - you can potentially be held responsible for that, or a portion thereof. Which I'm sure happened if he ruined your bike.
You are legally obligated to report the accident to the police because of your personal injury. Remember, if you do not the driver of the car can, and if he can find you sue you later on (As he is allowed 1 year from the time of collision for physical damage to the car and 2 years for damage to himself). If you have been a prick to him, then he may decide to go this sort of route to get even (As they typically serve you with the lawsuit at the last possible minute so you can't sue them). |
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| stevemo600 |
quote:
Originally posted by TrevorK
Another reason not to pursue this further is if you damaged his car - you can potentially be held responsible for that, or a portion thereof. Which I'm sure happened if he ruined your bike.
You are legally obligated to report the accident to the police because of your personal injury. Remember, if you do not the driver of the car can, and if he can find you sue you later on (As he is allowed 1 year from the time of collision for physical damage to the car and 2 years for damage to himself). If you have been a prick to him, then he may decide to go this sort of route to get even (As they typically serve you with the lawsuit at the last possible minute so you can't sue them).
Yeah I hear ya. I really don't think he's going to sue me and when I went to the doctor's immediately after the accident, the doctor told me that nothing was broken. So technically, this wasn't an injury accident. I think he'll just be happy if I decide not to charge him or sue him.
My bike isn't that screwed. The gears a messed up but cosmetically, the bike is fine. I really doubt if his car has any significant damage to it. |
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| snugs |
quote:
Originally posted by TrevorK
Another reason not to pursue this further is if you damaged his car - you can potentially be held responsible for that, or a portion thereof. Which I'm sure happened if he ruined your bike.
You are legally obligated to report the accident to the police because of your personal injury. Remember, if you do not the driver of the car can, and if he can find you sue you later on (As he is allowed 1 year from the time of collision for physical damage to the car and 2 years for damage to himself). If you have been a prick to him, then he may decide to go this sort of route to get even (As they typically serve you with the lawsuit at the last possible minute so you can't sue them).
2nd that. In this case the driver could legitimately sue for damage, but the cyclist is SOL. |
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