Beginners and Beyond

Hit by a vehicle.......on my bike this time......I'm at a loss for words... (Read 184 times)

Anonymous Guest


    This may sound strange, but check with your homeowners/renters insurance. My DH is a cyclist and got in a crash in a race this summer and totaled the bike. Our homeowner's insurance covered it for a full replacement, including paying for the bike shop to put it together.

     

    I doubt you'll get anything from the driver. A cyclist here was hit and killed by a driver that went over the yellow line on a blind hill to pass, then when traffic came from the other direction, cut back over and hit the cyclist. Totally the driver's fault, the cyclist was following the law and had nowhere to go. The driver got away with $2000 in fines. For killing someone. The law doesn't favor the cyclist even if they are in the right.

    Coaching testimonial: "Not saying my workout was hard but KAREN IS EVIL."

     

    Upcoming races: Hennepin Hundred - October 2024

    Check out my website and youtube channel

    Docket_Rocket


    Former Bad Ass

      Glad you are OK, that sucks.

      Damaris

      redrum


      Caretaker/Overlook Hotel

        Ya, sounds like by the letter of the law I would be at fault but this particular stretch of road is unusual too.  There really is no shoulder on the right side.  So, I'm obeying the law leaving the house, but you wouldn't catch me dead on the other side of the road, coming or going.

         

        Nevertheless.....cest la vi.  The cyclists are just brutal.  It's like walking into the old L & O over at RW. 

         

        So, I wonder what the last legal word is on us running on the left??

         

        Have we ever figured that one out?

         

        Cuz I haven't run on the right in forever.  I simply won't do THAT one no matter WHAT the law says.  (I knew a guy who died running on the right side of the road hit from behind long before I ever ran.)

         Randy

        Ric-G


          wow. sorry to hear that but really glad you're ok. that is something that you are planning on getting right back at it tomorrow. take care....

          marathon pr - 3:16

          jmctav23


          2/3rds training

            Glad you're not injured but you prolly shoulda just taken the 25...if the guy gets an attorney I'm guessing you will end up paying for his damaged door.  You put yourself in an unexpected position travelling an unexpected direction; not to mention illegal.  Assert your right as a vehicle and occupy the correct lane, even if there is no shoulder; cars will notice you, even if it pisses them off.

            happylily


              When running on a road, I run facing traffic. Doesn't everybody do that? Runners are like pedestrians, no? We can use whatever side we want as long as we are not standing in the lane where cars are (which is why I want to see the cars coming in front of me, so that I can move over and be out of their way).

              PRs: Boston Marathon, 3:27, April 15th 2013

                      Cornwall Half-Marathon, 1:35, April 27th 2013

              18 marathons, 18 BQs since 2010

              redrum


              Caretaker/Overlook Hotel

                Fortunately no damage to his vehicle.  (I literally just kinda braced myself at the front corner of his truck & slid down toward the door as we both were moving).  I don't think he'd have anything to claim even if I was found at fault but I will have certainly learned something after all this, that's for sure.

                 

                And as I said, I agree Julie, no way you'll catch me running on the right side of the road.  Just no way.

                 Randy

                kristin10185


                Skirt Runner

                  I remember from this safety video I watched about a billion times as a kid to "walk against the traffic and bike with the traffic." That, and when crossing the street to "look left, right, and left again," and when on fire "stop, drop, roll and cool," but the last 2 don't pertain to the discussion lol. I paid attention in elementary school! Smile And interpret "walk against the traffic" to include running as well.

                  PRs:   5K- 28:16 (5/5/13)      10K- 1:00:13 (10/27/13)    4M- 41:43 (9/7/13)   15K- 1:34:25  (8/17/13)    10M- 1:56:30 (4/6/14)     HM- 2:20:16 (4/13/14)     Full- 5:55:33 (11/1/15)

                   

                  I started a blog about running :) Check it out if you care to

                  cookiemonster


                  Connoisseur of Cookies

                    Ya, sounds like by the letter of the law I would be at fault but this particular stretch of road is unusual too.  There really is no shoulder on the right side.  So, I'm obeying the law leaving the house, but you wouldn't catch me dead on the other side of the road, coming or going.

                     

                    Nevertheless.....cest la vi.  The cyclists are just brutal.  It's like walking into the old L & O over at RW. 

                     

                    So, I wonder what the last legal word is on us running on the left??

                     

                    Have we ever figured that one out?

                     

                    Cuz I haven't run on the right in forever.  I simply won't do THAT one no matter WHAT the law says.  (I knew a guy who died running on the right side of the road hit from behind long before I ever ran.)

                     

                    Yes.  State law where I'm currently living clearly dictates, " Where neither a sidewalk nor a shoulder is available, any pedestrian walking along and upon a highway shall walk as near as practicable to an outside edge of the roadway, and shall walk facing traffic."

                     

                    A quick, albeit not all encompassing, search demonstrates that every State I checked demands pedestrians on the roadway travel facing traffic.

                     

                    While your friend's death is regrettable it's also folly for you to assume that because he died under those circumstances you should do the opposite of what he did.

                     

                    More in line with the cycling theme for this thread State law also says, "When traveling less than the normal speed of traffic a bicycle shall be ridden "as close as practicable" to the right-hand edge of the roadway except: a) When passing another bicycle or vehicle, b) When making a left-hand turn, c) When avoiding parked or slow moving vehicles, fixed or slow moving objects, animals, surface hazards, etc., or d) When the lane that is narrow for a bicycle and a vehicle to travel safely side by side within the lane."  So if you have to take the lane to ride safely, as a vehicle on a public roadway traveling in the proper direction with the flow of traffic, then you take the lane.

                     

                    While I'm glad you're not seriously hurt this was your fault and entirely preventable.  I hope you'll fare better on your new bike.

                     

                    Regarding the brutality experienced at the hands of the cyclists, you pretty much asked for it.  it's actions like yours that make it harder for responsible cyclists.  How did you expect them to react?

                    ***************************************************************************************

                     

                    "C" is for cookie.  That's good enough for me.

                    redrum


                    Caretaker/Overlook Hotel

                      Aaaaaaaaand L & O has spoken! 

                       Randy

                        Sorry for your injuries, but sounds like you'll be ok, even if your bike isn't.

                         

                        But agree with what cookiemonster said. If there's no shoulder, you should generally ride at right edge of lane. If you want to go on the left side, then get off and walk. Pedestrians face traffic.  Also, it sounds like you hit him. So you were going too fast for what you could control. (I've done that when riding too close to parked cars, and someone opened their door right in front of me, and I slammed into it.)  I'm not surprised at all at the response by cyclists.

                         

                        Most of our older roads around here don't have shoulders - or maybe 6 inches with gravel sprayed over it. I avoid them. We have some traffic lights that were not installed with bikes in mind. I've stopped using my bike to get to town (about 3/4 mi) and just walk it - faster rather than dealing with weird lanes and finding some place to lock bikes. Many of our newer and rebuilt roads are having nice separated bike paths put in, which are even sometimes plowed in winter (vs having the plows dump the snow onto them, like they used to do). Our growth here in the last 30 yrs has resulted in much infrastructure needing to be redone. (we had gravel streets when I moved here, and I still live on a gravel street)

                        "So many people get stuck in the routine of life that their dreams waste away. This is about living the dream." - Cave Dog


                        Hip Redux

                          I am so glad you are OK.  And I'm glad you are getting another bike and getting back out there!

                           

                           

                           

                          More in line with the cycling theme for this thread State law also says, "When traveling less than the normal speed of traffic a bicycle shall be ridden "as close as practicable" to the right-hand edge of the roadway except: a) When passing another bicycle or vehicle, b) When making a left-hand turn, c) When avoiding parked or slow moving vehicles, fixed or slow moving objects, animals, surface hazards, etc., or d) When the lane that is narrow for a bicycle and a vehicle to travel safely side by side within the lane."  So if you have to take the lane to ride safely, as a vehicle on a public roadway traveling in the proper direction with the flow of traffic, then you take the lane.

                           

                           

                           

                          This is something most new riders feel uncomfortable doing (and most cars will bitch about), but you ABSOLUTELY have the right to be in the lane if you will be in danger riding too far to the shoulder.   Take the lane, you will be safer because you are more visible.  Yes, drivers may get irritated, but they will SEE you and that's the point.     Be as visible and as predictable as you can (I probably wouldn't expect a cyclist to cross me from the other side of the road, either Sad )

                           

                          Sometimes I wish there was more bike education for both motorists and cyclists, much of what it takes to be safe isn't something that is common knowledge.   Sucks to have to learn some stuff the hard way!

                           

                          Venomized


                          Drink up moho's!!

                            When running on a road, I run facing traffic. Doesn't everybody do that? Runners are like pedestrians, no? We can use whatever side we want as long as we are not standing in the lane where cars are (which is why I want to see the cars coming in front of me, so that I can move over and be out of their way).

                             

                            Runners ARE pedestrians and in most areas in the US are REQUIRED to run facing traffic, I cannot speak for your parts of Canada Lilly.  A few things with that in the US.  If there is a sidewalk a runner pedestrian MUST use the sidewalk (regardless of what we think about running on concrete).  If no sidewalk then runner/pedestrian MUST use the road shoulder.  If there is not an adequate shoulder to run on then we can run on the edge of the road.  Here is the kicker at least for my area.  Runner/pedestrian MUST get out of the way of traffic, cars are not exactly required to move over even though they do almost all the time for me in my area.

                             

                            Now back to REDRUM and the bike, yeah if you were facing traffic then you were on the wrong side of the road and possibly at fault.  HOWEVER, as you said he failed to look both directions and as he was turning on to the street you were already on then he failed to yield to traffic (even if that traffic was a wrong way bike) and could be liable for the damages to your bike.

                             

                            VERY glad you are still alive and not squashed like a bug, just sucks about crunching the bike.  You said you exchanged insurance but I don't think your automotive insurance would cover damages to his vehicle if there was any.  I am not sure but I suspect that your home insurance would cover this under the possessions provisions.  You guys have left the scene at this point obviously, you might need a police accident report to file a claim which might be difficult since you left the scene.  Looking back perhaps calling the police at the time would have been better to do as you most likely just crunched a $1000+ bike and the police might have been able to establish fault at that time which will clear things up for insurance.

                             

                            When you talk with the insurance/police go with the story that he hit you as that is what happened.  Don't openly admit to knowingly being on the wrong side of the road.  Just state as you said, I crossed over early in anticipation of turning

                            Love the Half


                              Tell the guy that if he doesn't pay you the cost of the bike, you'll make a claim against his insurance policy.  He may worry enough about his rates increasing that he'll cough up the cash.  Mind you, it depends on how expensive the bike is.

                              Short term goal: 17:59 5K

                              Mid term goal:  2:54:59 marathon

                              Long term goal: To say I've been a runner half my life.  (I started running at age 45).

                              Love the Half


                                I haven't taken the time to actually research this but I would assume that West Virginia's statute is similar to what you'd find in other states:

                                 

                                §17C-10-6. Pedestrians on roadways; soliciting rides. 
                                (a) Where sidewalks are provided it shall be unlawful for any pedestrian to walk along and upon an adjacent roadway.

                                 

                                (b) Where sidewalks are not provided any pedestrian walking along and upon a highway shall when practicable walk only on the left side of the roadway or its shoulder facing traffic which may approach from the opposite direction.

                                 

                                (c) No person shall stand in a roadway for the purpose of soliciting a ride from the driver of any vehicle.

                                 

                                Be that as it may, there is a false assumption among some that if I am a pedestrian and I am not using an available sidewalk or if I am on the right side of the road, then I am at fault or I am precluded from recovery if a car hits me and that is not the case.  Every state long ago adopted the doctrine of comparative negligence.  Violation of a statute, while certainly one factor to consider when assigning a level of negligence in an accident, is not determinative.  It is an oversimplification and flat out wrong to say that you are precluded from recovery against the driver's insurance policy solely because you were riding on the left side of the road.

                                Short term goal: 17:59 5K

                                Mid term goal:  2:54:59 marathon

                                Long term goal: To say I've been a runner half my life.  (I started running at age 45).