Hit a guy on a bike with my car in Arlington? (Washington: insurance, lawyer) - City-Data Forum

akinva · 08-13-2012, 09:17 PM

I just got my dad's old car today, and of course something like this had to happen to me.

I was on the exit ramp at an intersection waiting to turn right on at red light, one block from home. I looked both ways, twice, and even stretched my head out the left to make sure no cars were coming. I then tried to turn right, and BAM hit a biker who came out of NOWHERE, despite me looking twice to the right.

He had no lights, no helmet, coffee in his hand and I tapped him (I let go of the brake, didnt press the gas) and he lost his balance and fell a bit. Not a scratch on him and he insisted he was fine.

Unfortunately for me, a Capitol police was sitting right next to me in the next lane, so she stopped us. She said she had to call the Arlington county policed and took our information. Guy again told her repeatedly he was fine, didn't want me to get in trouble, and didn't want her to call the cops, but I guess it was procedure. I didn't get a ticket or anything when the cops showed up, and the guy told the local officer again that he was in no fashion injured and didn't want to get me in trouble. I made sure to tell the cop the man had no helmet(not against the law in Virginia, but still) and also no light (against the law after sundown, it was 9pm when the accident happened.) Cop said he didn't want to write a report, but had to call his supervisor for permission to not write it. Supervisor made him write it, so now I have to wait for that :-/ But I made sure he wrote down on the exchange of information report that the man repeatedly claimed he wasn't injured.

Are there any laws that protect me here other than the man not having any lights so I didn't see him? I don't think he's going to file a claim or sue me, he seemed genuinely nice and really didn't want the cops involved/get me in trouble, but he could find a bruise tomorrow and change his mind, you know?

It's just so terrible because my dad lent me the car while I'm in grad school, so I'm under his insurance and I don't want his rate to go up if anything does happen

For the record, here's VA law on bicyclists:

If you ride between sunset and sunrise, you must have a have white light on the front of your bike. The law requires that this white light be visible from 500 feet in clear weather.
§ 46.2-1015

If you ride between sunset and sunrise you must have a red reflector on the rear of your bike. The reflector must be visible from 600 feet to a car with low beams on.
§ 46.2-1015

(Man had neither of those, I made sure the cop put that in his report, but I won't know if he actually did that until I get a copy in a week or so.)

I looked it up, and there's also a designated bike line on that street, but he was biking on the sidewalk. He was also obviously biking AGAINST traffic, and not with it.

CAVA1990 · 08-14-2012, 05:28 AM

Judge CAVA here. What time did this occur?

bornindc · 08-14-2012, 05:39 AM

It sounds to me like you're not particularly at fault. The biker was not using required lights and would have been moving much faster than a pedestrian, and been pretty hard to see. If you had hit another car operating without lights at night, they would have undoubtedly been cited. The bicyclist probably should have been cited in this instance but the responding officer seems to have let it go since neither party wanted to make much of an issue of it. It sounds like the police are not planning on citing you, but you never know. Wait for the report.

It's also a good reminder that you need to be prepared for unusual or ignorant actions by others when you are behind the wheel, and to drive with due caution.

bornindc · 08-14-2012, 05:40 AM

Quote:

Originally Posted by CAVA1990

Judge CAVA here. What time did this occur?

OP stated 9pm.

CAVA1990 · 08-14-2012, 05:46 AM

Quote:

Originally Posted by bornindc

OP stated 9pm.

I must have reread the post 5 times and missed that.

Good thing I only play a judge on C-D. If you're a true Washingtonian you should probably sue him as he slowed your commute and needs to learn a lesson about bike safety.

Bigfoot424 · 08-14-2012, 05:46 AM

With all the admissions of "not being injured" you're basically good to go but of course anybody can change their story on a whim. My advice is to not worry about it at this point. Retaining a lawyer would be silly at this point unless you are wealthy.If the guy calls you don't apologize to him just say you wished he had a light on his bike and you're glad he's not hurt. Don't give him any ammo to use later on. Go about your life and quit worrying so much.

khuntrevor · 08-14-2012, 06:31 AM

Did you hit him behind the line or in front of it. Many motorist making the right on red never stop before the line (I'll let you look it up), if they do stop at all (completely) it is 10-15 feet passed the line. You said there was a light, so I would bet there was a white line.

dkf747 · 08-14-2012, 06:47 AM

I had this exact thing happen to me 3 years ago. I looked carefully, yet somehow when I started my turn, "bam!" a bike runs into me. He was biking fairly fast. Mine happened in MD. Even though there were no injuries, and even though insurance didn't pay anything out, it still affected my rates. I had to search for a new insurance company. Since there's a police report, your insurance may find out about it.

Carlingtonian · 08-14-2012, 06:56 AM

I hit a cyclist once, in DC about 10 years ago. I think it was on 16th St. NW, going southbound. The guy was in the far right lane--I don't think there was a bike lane there at that time--and I just didn't see him when I moved over. He and his bike were fine. I did feel awful. I went with him to the ER (just so he could get checked out), bought him a burger, and told him dirty jokes in the waiting room. He did admit to having had a couple of beers that afternoon.

Anyone drinking coffee while riding a bike is an idiot.

akinva · 08-14-2012, 07:18 AM

While I feel incredibly terrible about the accident, I really don't think I'm at fault for his negligence. I did look multiple times in both directions, but he had no lights on his bike, was riding against traffic, and like above, he had a coffee in his hand. While not illegal to drive a bike with one hand, why would you risk doing that in an exit ramp off a major highway?

Anyway, I'm not that worried about it until I NEED to worry about. That's why I'm just trying to arm myself with information about bike laws/liability in case something does happen.

The cop also mentioned how the biker had the right of way....don't really see that as the case if he was 'driving' in the wrong direction.

Also - I was initially stopped at the first white line (there are two) because there were cars coming. After checking both ways and seeing no more cars, that's when I advanced. I don't think I made it to the second white line before there was man, bike and coffee all over my windshield.