If, while driving my car, I hit a kid ridding a black bicycle at night with no reflectors or lights, and wearing black clothes, could I suit him, or his parents for failing to operate the bike safley?
I had a near miss on a busy street in a comercial area (not residential) tonight. The kid (A teenager I presume) came out from behind a building and crossed in front of me at speed (10 to 15 foot range) he never looked, slowed down or flinched.
I'm no lawyer, but i don't think you could sue him and win if you hit him... more like, they would be less likely to win when suing you.
Here, if the cop is bored, you will get pulled over for not having lights on at night. Which is really for the best, because people on bicycles are just shy of invisible at night.
oh the memories of spending every possible moment on a bike before I was able to drive
Could you sue him! yes.. You can sue anyone for anything you want.
will you win.. probably not unless you got some pretty strict bike regulations in your town. Now had a cop seen that, he could get a moving violation for failure to stop or reckless driving etc. Bikes have to follow the same rules of the road as cars.
I'm no lawyer mind you.
will you win.. probably not unless you got some pretty strict bike regulations in your town.
Back in grade 12, a friend of mine was hit by a car. He was hauling butt and listening to his ipod. He crossed an intersection that had the DO NOT CROSS light flashing. A driver making a right hand turn hit him at about 20km/h. Broke his collarbone in the fall. As well as having a sore collarbone for a while, he was fined $75. So I doubt you could sue, but I bet the kid could get a fine.
The fact that you would even think about a lawsuit in an instance like that is beyond me.
More lawsuits is exactly what this country needs more of. rollseyes
z31maniac wrote: The fact that you would even think about a lawsuit in an instance like that is beyond me.
Only sue if he's still alive, then he can pay for the damage he's caused and maybe he'll learn a lesson.
Suing the dead is probably difficult.
Either way, he probably won't pull a stupid stunt like that again.
Shawn
the only time I ever considered doing anything to a bicyclist (besides those times when they take up the whole road) was when some kids intentionally rolled (ghosted) a bicycle out into traffic infront of my car. I thankfully was able to stop before I hit it.
As a bicyclist myself, I have little time for those people who feel that they should take up a whole lane either by themselves or by riding side by side. Yet, I see that almost everyday. I like it when they yell at you for passing them.
a cyclist by themself in one lane, they have to give up half the lane to let you by, but they're still allowed to have half the lane.
two bikers side by side you have to treat like a car in the lane. sorry cheif, thats the law. try not to be a douche and give drivers a bad name to bikers
Under Ohio law, and most other states I suspect, a bicycle is a vehicle and is entitled to use the entire lane just as your car is. As a passing vehicle you are required to pass in a safe manner.
Also state law is the cyclist can ride NO MORE THAN two abreast.
Bike riders here are the worst. For some reason they sit in the blind spots of buses for blocks at a time or ride behind them until the bus slows for a stop, at which time they try to pass on the right as the bus pulls into the curb. If you know the bus is headed for the curb, why wouldn't you pass on the left
TransMaro wrote:z31maniac wrote: The fact that you would even think about a lawsuit in an instance like that is beyond me.Only sue if he's still alive, then he can pay for the damage he's caused and maybe he'll learn a lesson. Suing the dead is probably difficult. Either way, he probably won't pull a stupid stunt like that again. Shawn
Perfect example of a terrible mindset of most people in this country.
"Lets sue! I need to get paid!"
triumph7 said:Under Ohio law, and most other states I suspect, a bicycle is a vehicle and is entitled to use the entire lane just as your car is. As a passing vehicle you are required to pass in a safe manner.
Strizzo wrote: a cyclist by themself in one lane, they have to give up half the lane to let you by, but they're still allowed to have half the lane. two bikers side by side you have to treat like a car in the lane. sorry cheif, thats the law. try not to be a douche and give drivers a bad name to bikers
There is what is legal, and what is reasonable. If you're a Lance Armstrong and are capable of maintaining 45mph on the street, fine - it's yours too. OTOH, if your doing 15 in that 45, holding up a line of people trying to get where they are going, then you're just as much of a douch as someone putting along at 15 in a car, and you need to get off the damn road and find a park.
z31maniac wrote: The fact that you would even think about a lawsuit in an instance like that is beyond me. More lawsuits is exactly what this country needs more of. *rollseyes*
I don't realy want to suit anyone, but I am sure that if I had hit him I would be sued, it seems as if alot of my neighbors make a signifigant part of thier income that way (which I find repulsive btw). I would just love to turn the tables on them, thats all.
Talk to an Atty. Heck, it's worth a try. You know that they're going to come after you....A pre-emptive strike is always the best defense.
Strizzo wrote: a cyclist by themself in one lane, they have to give up half the lane to let you by, but they're still allowed to have half the lane. two bikers side by side you have to treat like a car in the lane. sorry cheif, thats the law. try not to be a douche and give drivers a bad name to bikers
hey, I will go into the OTHER lane to pass a bicyclist. Trust me, I am one. I average between 30 and 40 miles a day. I however will NOT take up a lane unless there is no shoulder to ride on. Around here if you are in a car and driving at or maybe just under the speed limit, you will quickly start a train as cars pile up behind you, I am not about to do the same on a bicycle.
mostly because I am not about to give bikers a bad name to those in cars.
mad_machine wrote:Strizzo wrote: a cyclist by themself in one lane, they have to give up half the lane to let you by, but they're still allowed to have half the lane. two bikers side by side you have to treat like a car in the lane. sorry cheif, thats the law. try not to be a douche and give drivers a bad name to bikershey, I will go into the OTHER lane to pass a bicyclist. Trust me, I am one. I average between 30 and 40 miles a day. I however will NOT take up a lane unless there is no shoulder to ride on. Around here if you are in a car and driving at or maybe just under the speed limit, you will quickly start a train as cars pile up behind you, I am not about to do the same on a bicycle. mostly because I am not about to give bikers a bad name to those in cars.
Which makes you one of the good ones.
There was a thread on this very subject on the old boards. A guy in Spain (I think) was speeding and hit and killed a kid cycling under extremely similar circumstances. He sued the parents for his insurance costs and legal fees spent in defending himself against their suit. I think they both eventually dropped their suits, but not before the guy was roundly criticized throughout the internet for being a shiny happy person.
HappyAndy wrote:z31maniac wrote: The fact that you would even think about a lawsuit in an instance like that is beyond me. More lawsuits is exactly what this country needs more of. *rollseyes*I don't realy want to suit anyone, but I am sure that if I had hit him I would be sued, it seems as if alot of my neighbors make a signifigant part of thier income that way (which I find repulsive btw). I would just love to turn the tables on them, thats all.
So you would considering doing, what you despise others for doing?
That makes perfect sense.
z31maniac wrote: Perfect example of a terrible mindset of most people in this country. "Lets sue! I need to get paid!"
Just playing devil's advocate here, don't get yourself too worked up.
Now, let's look at this objectively for a minute.
-Cyclist is on the road, operating his vehicle.
-Because he is on a public roadway he must follow the rules of the road and comply with the requirements for a bicycle. In my province that means he gets his own lane and must wear a helmet and have reflectors and lights at night.
-All motor vehicles in my province must have insurance but bikes don't have to.
-Cyclist at night without lights is in violation of the law.
So, if he hits my car and damages it, he has no insurance to pay for the damages so to get damages paid for you would have to sue.
If I hit the cyclist I'm AUTOMATICALLY in the wrong even if he is operating a vehicle that is in violation of the motor vehicle act (no lights).
So, it IS unfortunate that this guy is a crumpled mess because of his own stupidity but, my car is damaged and it has to come out of my pocket.
Clearly he has no common sense or survival skills, maybe his parents didn't love him, I don't know really.
He needs to learn how to keep himself alive and safe in this world and no-one seems to be teaching him that.
Negative reinforcement works great but you can't hurt his pride, that's been done (hit by car) and did no good. Physical violence is against the law and talking won't do any good since he's too stupid (rode a bike at night with no lights).
His wallet is the only place you can legally inflict any damage. Besides, he's going to sue you isn't he?
Hopefully lightening his wallet will teach him to think about self preservation a bit. Clearly no-one has taught him these lessons earlier in life so now we must.
Shawn
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