today i rode my bike to the physical therapist. since i was wearing sneakers but riding on my look pedals, and since i didn’t have a helmet on, and since my route involved some heavy-traffic roads, i decided to stick to the sidewalks. at one point, i almost got t-boned by a car coming out of a parking lot. i was traveling about 15mph at the time. luckily, i saw her coming and was already slowing down. she was looking right (i was coming from her left) and didn’t see me until i stopped about a yard from her car… my rear wheel actually left the ground, for what it’s worth.
so if i’d been t-boned, would it have been my fault, legally speaking? aren’t bicycles vehicles, so i therefore would’ve been guilty of operating a vehicle illegally?
Probably depends on your city’s laws. In Portland, it’s illegal to ride bikes on the sidewalks, so it’d probably be your fault (although, liability would also probably rest on whether your state is a comparative or contributory negligence jurisdiction). Odds are, you’d have liability, as would the driver (she was negligent, and thus partly liable due to looking to the right only).
That would be governed by local state or municipal law.
The likely scenario is probably a civil fine (like a speeding ticket). But a criminal charge such as recklessly endangering safety is probably the worst that could happen. That is a felony where I live. A DA would probably only bring that if something really unfortunate happened.
If the driver or someone else were hurt, then a civil action for negligence would be something to be worried about. They would have to show that you behaved in a way that an reasonable and ordinary person would not. If there is a law against riding on the sidewalk then that is very strong eveidence that you were behaving unreasonably. Thus, you pay $$$ for Dr. bills and car damage.
I’m glad you were not injured, just a close call. But maybe a wake up call, if not for you, then for other Slowtwitchers.
Another obstacle you may encounter is the private property issue. Police are generally very hesitant to cite violations for accidents that occur on private property regardless of who is at fault. If you were on the sidewalk, then you were most likely on private property of the owner of that property unless it was municipal, county, state or federal property. Sometimes in these instances, the local law enforcement will again defer, citing a lack of jurisdiction on property owned by some higher governmental agency.
Next, will come the issue of what were you doing to responsibly protect yourself from reasonable harm? You were not wearing a helmet! You have again compromised yourself in a legal sense beside the personal safety issue!
The bottom line, you screwed up even though it was the driver’s failure to look both ways and insure it was safe to proceed.
It is a good habit to always wear your helmet whenever you are on your bike, no matter what. For your own safety first and for the example (bad) that you set when you don’t wear your helmet and ride.
At least you still have the opportunity to live and learn.
This answer would vary from state to state and can get a little involved depending upon who sues whom. The basic principles are as follows.
First, it may, or may not, violate either a city ordinance or a state statute to ride a bike on the sidewalk. If it does, the riding the bike on the sidewalk would probably be either evidence of negligence or a presumption of negligence by you. If it does not violate a statute or ordinance, then no presumption of negligence.
Second, in the worst case scenario, the presumption of negligence, you can still do two things. First, introduce evidence, such as the fact that the road has a great deal of traffic, to show that you were not negligent. Second, you could also show that the driver of the car was negligent and that the driver’s negligence was a proximate cause of your injuries or the injuries to the motor vehicle.
Riding a bike on a sidewalk may be illegal. But it may also do nothing regarding the determination of negligence. Quite often, once a person steps out into a street, regardless of whether or not they are in a crosswalk, they have the right of way. This may hold true for a bicyclist as well.
Irregardless, this whole situation sounds unconstitutional, and I’m sure it ties into WMD in Iraq.
After reading FL law, it appears to imply that riding bikes on the sidewalk is allowed:
316.2065.11: A person propelling a bicycle upon and along a sidewalk, or across a roadway upon and along a crosswalk, shall yield the right-of-way to any pedestrian and shall give an audible signal before overtaking and passing such pedestrian.
Doesn’t say anything about t-boning a car, but I suppose if bikes are allowed, and the car pulled out in front of you, it’s the motorists fault (in FL, that is).
However, it sounds pretty clear that you should have been wearing a helmet and not on the sidewalk.
Are you kidding me? Brother, I’m not in the running for it, I’m way out in front. I have more declared supporters than Kerry has committed delegates. Voting is a technicality.
Nevertheless, if you want to add your support, check out the rules:
As a mom lawyer I have to say that no matter what the law is or where you are riding (sidewalk or street)YOU SHOULD WEAR A HELMET. Especially if you’re spacey from all the beers you had last night while ogling that little tease.
But how can we balance the six-pack we just bought on our head if we wear a helmet? We gotta get that thing home and in the fridge. Stat! Cars or no cars.