Cyclist hit by car - Need Advice

[mgwatson]

Hey all,

So, yesterday morning at approx 7:45am, I was hit by a car while riding my bike to work. I'll start with the details of the accident... I was travelling westbound on the bike path that parallels 130th Ave SE and came up to the intersection of 130th Ave and Mount McKenzie Dr (right by the 7-11 for those familiar with the area). When I came up to the intersection, my light was green and the light on Mount McKenzie Dr was red. I proceeded to ride into the crosswalk when I was hit by a car travelling Northbound on Mount McKenzie Dr who was wanting to turn right onto eastbound 130th Ave. We both didn't see each other until it was too late as there was a large fence blocking our line of sight of each other until I was in the crosswalk. So, I proceeded into the crosswalk while riding my bike (I know, that's against the law apparently, I should be technically dismounting and walking across the road, but bear with me) at which point I was t-boned by the motorist and it knocked me off my bike. The results are that I now have a bone contusion and a damaged bike. Her car is fine.

Now, where this gets interesting is that when the policed arrived, they talked to me and the woman (who was in hysterics from hitting a person) and ended up giving just me a traffic violation ticket for failing to obey a traffic device (I.e., I should have got off my bike and walked it across the road). The driver did not receive a ticket for running a red light (the law states that you need to come to a complete stop behind a crosswalk at a red light before making a right hand turn).

So... Here I am now, battered and bruised with a wrecked bike and completely at fault... I think it's ridiculous that this city is pitching bike lanes and riding bikes so aggressively, but when it comes to protecting cyclists, this is how it was handled... I am thinking of calling the constable tomorrow and asking why I was the only person issued a ticket in this accident, because it is making it very difficult to get compensated (either out of her pocket or through her insurance) for the damage done to my bike.

Any ideas guys??? Sorry for the long winded post!

[Wakalimasu]

Either drive on the road like a motor vehicle or walk your bike across the intersection like a pedestrian. Sorry, but no sympathy. Even if the driver came to a complete stop you can't reasonably expect her to have the reaction time to stop again if you are travelling 10-15km/h right through the intersection?

I just did a quick google and the path ends at the intersection so the correct action should of been to be driving on the road in the first place or dismount and walk across the intersection.

[finboy]

You broke the law, it sucks that you got hurt but you need to understand that you are operating on the same field as multi-thousand pound metal tanks operated by mouth breathing soccer mombies. At bare minimum know the rules as they apply to you, but always ride more defensively. Wrong or right, you are the one who will lose in this situation every time.

Per her getting charged, hard to prove the light was red for her, easy to prove you were riding a bike through a cross walk. Don't expect to get any monetary compensation for this, and be glad she isn't suing you for damages to her vehicle. Possibly bike insurance might be worth looking into down the road?

[Star1995]

Also, riding into a blind corner/spot that is behind a fence is not the smartest thing to do. You say you were on the way to work so to me it implies that you are familiar with the area thus you know or should have known about this blind spot. Not sure what that does from a legal standpoint but from a common sense point it doesn't make sense that you would ride through without extra care taken.

I do find it interesting that you post a cycling accident on a car forum looking for advice,

[FraserB]

Why would the cop retract the ticket? Out of kindness to help a nonsense claim against this woman's insurance?

If you hadn't broken the law, you would not be in this spot now.

[ryder_23]

Originally posted by mgwatson

So... Here I am now, battered and bruised with a wrecked bike and completely at fault... I think it's ridiculous that this city is pitching bike lanes and riding bikes so aggressively, but when it comes to protecting cyclists, this is how it was handled... I am thinking of calling the constable tomorrow and asking why I was the only person issued a ticket in this accident, because it is making it very difficult to get compensated (either out of her pocket or through her insurance) for the damage done to my bike.

Protect people not following the rules of the road? I've seen plenty of cyclists think they can do whatever they want. Crosswalks, run reds, turn without signalling, list goes on. If you want us to share the road, start by following the rules. If I took my motorcycle thru a crosswalk, got hit and not expect to get a ticket, why should cyclists be exempt. No different than lane splitting (def don't know rule if cyclists are exempt from this law but I assume not)

Sure, give her a ticket. Both at fault. I call it a wash. If you followed the rules, you would of been able to possibly avoid being injured, have a damage bike and she would of gotten a fail to yield to a pedestrian ticket, which would get you a shiny new bike. Instead you're now out 4-6weeks with hurt feelings and a bone bruise.

[Type_S1]

Wow. This post contains every reason why I can't stand bicycle riders (no you are not a cyclist, Lance Armstrong was a cyclist, you are a bicycle rider). You broke the law. This is a law commonly known among 8 year olds when they learn to ride their bikes. If an 8 year old knows to get off his bike and walk it at an intersection so should you. Instead you feel entitled to live above the law because.....why?

If anything I hope the woman sues you for damages to her vehicle (I'm sure there's a few scratches and dings caused by the bike) and mental hardship from hitting a person. Bicycle riders need to be taught to obey the rules of the road and quit with the entitled attitude that every car needs to bend overy back words to accommodate them.

[suntan]

Just tweet Nenshi, he'll get rid of the ticket for you.

[Aleks]

Originally posted by mgwatson
Hey all,

So, yesterday morning at approx 7:45am, I was hit by a car while riding my bike to work. I'll start with the details of the accident... I was travelling westbound on the bike path that parallels 130th Ave SE and came up to the intersection of 130th Ave and Mount McKenzie Dr (right by the 7-11 for those familiar with the area). When I came up to the intersection, my light was green and the light on Mount McKenzie Dr was red. I proceeded to ride into the crosswalk when I was hit by a car travelling Northbound on Mount McKenzie Dr who was wanting to turn right onto eastbound 130th Ave. We both didn't see each other until it was too late as there was a large fence blocking our line of sight of each other until I was in the crosswalk. So, I proceeded into the crosswalk while riding my bike (I know, that's against the law apparently, I should be technically dismounting and walking across the road, but bear with me) at which point I was t-boned by the motorist and it knocked me off my bike. The results are that I now have a bone contusion and a damaged bike. Her car is fine.

Now, where this gets interesting is that when the policed arrived, they talked to me and the woman (who was in hysterics from hitting a person) and ended up giving just me a traffic violation ticket for failing to obey a traffic device (I.e., I should have got off my bike and walked it across the road). The driver did not receive a ticket for running a red light (the law states that you need to come to a complete stop behind a crosswalk at a red light before making a right hand turn).

So... Here I am now, battered and bruised with a wrecked bike and completely at fault... I think it's ridiculous that this city is pitching bike lanes and riding bikes so aggressively, but when it comes to protecting cyclists, this is how it was handled... I am thinking of calling the constable tomorrow and asking why I was the only person issued a ticket in this accident, because it is making it very difficult to get compensated (either out of her pocket or through her insurance) for the damage done to my bike.

Any ideas guys??? Sorry for the long winded post!

Just because cops issue a ticket doesn't mean the insurance will follow that recommendation. Insurance companies have their own set of common law cases they follow to determine fault.


This applies to motor vehicles and I'm not sure how the rules work for cyclists, so maybe call your own insurance and ask.

[01RedDX]

.

[rage2]

Originally posted by mgwatson
The driver did not receive a ticket for running a red light (the law states that you need to come to a complete stop behind a crosswalk at a red light before making a right hand turn).

How would you know she didn't stop for the red before turning? That fence that blocked both of you from seeing each other would have prevented you from seeing if she made a complete stop before turning right.

There's a reason why the law states that cyclists have to dismount before crossing, it's to prevent incidents like this because even an F1 driver wouldn't have the reaction time to stop for a cyclist riding out of a complete blind spot.

[A790]

I own a townhouse in that complex across from the 7-11 (and beside that light). I've seen a few people get smacked there. It sucks it happens to you, OP.

In terms of getting compensated, you were in the wrong. Period. It sucks to hear, and I'm sure it doesn't feel that way, but the law is the law and was well established before you hopped on the bike.

Hope you're having a better day today!

[benyl]

I love how beyond always complains to what suits them.

When a cyclist dismounts and walks you get: Fuuuug, he is walking so slow fucking up traffic.
When a cyclist rides across you get: Fuuuuug, YOU BROKE THE LAW!

[bjstare]

Originally posted by Type_S1
Wow. This post contains every reason why I can't stand bicycle riders (no you are not a cyclist, Lance Armstrong was a cyclist, you are a bicycle rider). You broke the law. This is a law commonly known among 8 year olds when they learn to ride their bikes. If an 8 year old knows to get off his bike and walk it at an intersection so should you. Instead you feel entitled to live above the law because.....why?

If anything I hope the woman sues you for damages to her vehicle (I'm sure there's a few scratches and dings caused by the bike) and mental hardship from hitting a person. Bicycle riders need to be taught to obey the rules of the road and quit with the entitled attitude that every car needs to bend overy back words to accommodate them.

So many people on bicycles are entitled dickholes, and OP is a perfect example of that. Great job CPS.

Originally posted by benyl
I love how beyond always complains to what suits them.

When a cyclist dismounts and walks you get: Fuuuug, he is walking so slow fucking up traffic.
When a cyclist rides across you get: Fuuuuug, YOU BROKE THE LAW!

FWIW, I never complain when a cyclist dismounts. I have to wait a whole extra 10s, but they're staying safer for it (as shown by the story above), and obeying the law (which many don't).

[LilDrunkenSmurf]

Can't say I've ever complained about a slow pedestrian. Just ones that walk late/jaywalk.

[Feruk]

I wish more bikers read this thread... I saw another douche biker almost get smoked riding across a crosswalk this morning. Seriously, cars don't look for you there.

[Thaco]

I unfortunately have to agree with the majority on this, you were partially at fault and deserved the ticket.

HOWEVER, the fact that the driver of the car did not receive a ticket, is simply CPS and their sexist ways... i swear every single encounter i hear of with them, the response is sexist and always favors females. I'm sure its not every officer, but it does seem like its becoming more and more common.

[SOAB]

I live right by that intersection so I know exactly which spot you're talking about.

sounds to me like you approached the intersection while your light was green and just proceeded through and got hit. if you had stopped, then proceeded through, you would've been fine. if you want to ride straight through a green light like a car, you should be on the correct side of the road, on the road and not the sidewalk.

you can't have the laws both ways. either you're a pedestrian or you're a motorist. the cop was right to give you a ticket.

[cyra1ax]

I had one absolutely fly out of the SMART parking lot right in front of me yesterday without even looking for traffic. Then proceeded to pedal at a very leisurely pace, and then change lanes without looking or indicating. On top of all that, she had the helmet not on her head, but around her wrist.

[LilDrunkenSmurf]

Originally posted by Thaco
I unfortunately have to agree with the majority on this, you were partially at fault and deserved the ticket.

HOWEVER, the fact that the driver of the car did not receive a ticket, is simply CPS and their sexist ways... i swear every single encounter i hear of with them, the response is sexist and always favors females. I'm sure its not every officer, but it does seem like its becoming more and more common.

Wait, what?