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Old 12-04-2023, 08:58 AM
 
Location: Sylmar, a part of Los Angeles
8,326 posts, read 6,419,063 times
Reputation: 17439

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Thanks for all your replies. I turned left into a parking lot, as I crossed the sidewalk he ran into the right rear side of my car. Someone (long gone) saw and called 911 I'm guessing. The fires dept came and I think they called the police. Police said it was an accident and didn't blame me. I saw that his bicycle was smashed, and it didn't hurt my car except some scratches in the paint.
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Old 12-04-2023, 09:04 AM
 
14,400 posts, read 14,286,698 times
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Quote:
Originally Posted by V8 Vega View Post
Thanks for all your replies. I turned left into a parking lot, as I crossed the sidewalk he ran into the right rear side of my car. Someone (long gone) saw and called 911 I'm guessing. The fires dept came and I think they called the police. Police said it was an accident and didn't blame me. I saw that his bicycle was smashed, and it didn't hurt my car except some scratches in the paint.
From the way you are describing that I disagree with the police. When you turn left off a road into a parking lot you have a duty to yield the right of way to traffic on the sidewalk. I don't what legitimate damages this bicyclist has or does not have. However, I do see you primarily responsible for this accident.
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Old 12-04-2023, 09:40 AM
 
Location: On the Chesapeake
45,323 posts, read 60,500,026 times
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Quote:
Originally Posted by markg91359 View Post
From the way you are describing that I disagree with the police. When you turn left off a road into a parking lot you have a duty to yield the right of way to traffic on the sidewalk. I don't what legitimate damages this bicyclist has or does not have. However, I do see you primarily responsible for this accident.
It sounds as though Vega was almost through the crosswalk when the accident occurred. The bicyclist ran into the rear of his car. That indicates that the crosswalk was clear when he commenced the turn.

While drivers have to yield to pedestrians in a crosswalk they don't necessarily have to anticipate or yield to what one who is not in the crosswalk and approaching it on the sidewalk may do.

You've read it as the driver should have waited even though the bicyclist wasn't in the cross. I read it as the bicyclist was riding on the sidewalk (likely illegal) and failed to stop after Vega had begun his turn.
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Old 12-04-2023, 09:57 AM
 
5,954 posts, read 3,706,857 times
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1. It is generally against the law to ride bicycles on a sidewalk.

2. Even if it were legal to ride a bicycle on a sidewalk, the bike rider was going way too fast if he ran into the rear side of the car that turned in front of him.


This is sort of similar to the situation of a person who enters a one-way street in his car and is hit by a driver going the WRONG WAY on the one-way street. Is the driver who is making a proper turn onto a one-way street obligated to look BOTH WAYS just in case someone is breaking the law by driving the wrong way on a one-way street? I think NOT.

Legally speaking, it's hard to justify breaking the law and then claim that you were injured because someone was in the process of a legal act and injured you while you were breaking the law.

If a bank robber ran into a bank with his gun blazing and announced "This is a holdup", would the bank then be liable if he slipped and fell on a slick floor while running to escape?
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Old 12-04-2023, 10:05 AM
 
Location: New York Area
34,993 posts, read 16,964,237 times
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Quote:
Originally Posted by Chas863 View Post
If a bank robber ran into a bank with his gun blazing and announced "This is a holdup", would the bank then be liable if he slipped and fell on a slick floor while running to escape?
Ask the burglar who sued after falling into the skylight of the house he was attempting to burgle.
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Old 12-04-2023, 10:08 AM
 
Location: Coastal Georgia
50,334 posts, read 63,906,560 times
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It kind of doesn’t matter how much coverage you have, they can still sue for whatever amount they want. Let the insurance company deal with it.
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Old 12-04-2023, 10:13 AM
 
14,400 posts, read 14,286,698 times
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Quote:
Originally Posted by North Beach Person View Post
It sounds as though Vega was almost through the crosswalk when the accident occurred. The bicyclist ran into the rear of his car. That indicates that the crosswalk was clear when he commenced the turn.

While drivers have to yield to pedestrians in a crosswalk they don't necessarily have to anticipate or yield to what one who is not in the crosswalk and approaching it on the sidewalk may do.

You've read it as the driver should have waited even though the bicyclist wasn't in the cross. I read it as the bicyclist was riding on the sidewalk (likely illegal) and failed to stop after Vega had begun his turn.
It may be a comparative negligence situation. However, even if the bicycle struck the rear of the poster's car he still should have been able to see it coming and should have yielded the right of way. Even if it is illegal to ride a bicycle on the sidewalk that is not dispositive of this case. Its also illegal not to yield the right of way. If the case ended up going to trial a jury would have to decide who was more at fault.
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Old 12-04-2023, 10:28 AM
 
Location: On the Chesapeake
45,323 posts, read 60,500,026 times
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Quote:
Originally Posted by markg91359 View Post
It may be a comparative negligence situation. However, even if the bicycle struck the rear of the poster's car he still should have been able to see it coming and should have yielded the right of way. Even if it is illegal to ride a bicycle on the sidewalk that is not dispositive of this case. Its also illegal not to yield the right of way. If the case ended up going to trial a jury would have to decide who was more at fault.

Totally car example that is similar:
Car A is making a left turn onto a cross street is supposed to yield to oncoming traffic. Car B is oncoming.

Car A's driver sees he has enough time to make the left turn, Car B strikes the right rear of Car A. Car B's driver is at fault in almost all cases.

Had Car B hit the right front of Car A then A would have been the at fault driver.

As I said, even if the bicyclist was legal on the sidewalk he didn't exercise due care to avoid hitting Vega's car. If I (or you) see someone on the sidewalk not on the crosswalk we can't anticipate what that person will do, especially if they're just standing there gawking around. If they step into the crosswalk and get hit by a car that was entering the crosswalk the driver isn't usually held at fault.

We have blue hairs here that play that game, stand at the crosswalk and step into it so the cars stop, and then they pop back off the crosswalk laughing their asses off. It's a game the women at the Senior Center play. They complained when we put traffic calming bump-outs at the crosswalks, they interfered with their game.
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Old 12-04-2023, 10:30 AM
 
Location: East TN
11,103 posts, read 9,744,154 times
Reputation: 40474
Your insurance company will assign a lawyer to the case. In my case, I was definitely at fault but the guy I hit (in a jeep in front of me) tried to claim $1 mil in damages. He was trying to claim for injuries (he had pre-existing issues and no proof of new injury), and things like lost future wages, etc. My lawyer deposed him, and he was caught in a minor lie in the deposition. We went to pre-trial conference and his lawyer settled for $11K, which of course was well within my coverage and $1K less than we originally offered to them. Insurance company lawyers know their stuff.
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Old 12-04-2023, 10:41 AM
 
Location: East TN
11,103 posts, read 9,744,154 times
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Quote:
Originally Posted by markg91359 View Post
It may be a comparative negligence situation. However, even if the bicycle struck the rear of the poster's car he still should have been able to see it coming and should have yielded the right of way. Even if it is illegal to ride a bicycle on the sidewalk that is not dispositive of this case. Its also illegal not to yield the right of way. If the case ended up going to trial a jury would have to decide who was more at fault.
It depends on the parking situation on that street also. If cars are parked along the curb of the oncoming lane, and then he crosses the sidewalk with his car, but a bicyclist is riding behind the parked cars, he can't be expected to see the cyclist who's obscured by the parked vehicles. It really depends on a lot of variables and visibility of the cyclist is just one.
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