Scary.  Glad you are ok, Randy.

 

I was hit by a truck (Ford F350 turning right w/ me coming on the left side of the road turning for home). The guy didn't look right, only left & pulled out right in front of me & because the truck was so long I just had nowhere to go. I hit the door & under the truck I went. Fortunately he hit the brakes before I was run over by the rear wheels. I'm scraped, banged up & bloody but otherwise OK.

 

Immediately traded insurance info w/ the guy who was shaken but didn't think he should do anything as I was riding on the wrong side of the road. Well, duh, I was 2 minutes from the house, I have to cross the street some time.  And I'm on a bicycle and you're in an F350!!!!! 

 

I

you can do anything you want, of course. Layers will go after anyone as long as you're willing to pay them.

However, I'm thinking it may not be the best idea based on what you've admitted here.

sometimes bad things happen. We can accept responsibility for what we can control, and move on. or not.

 

I'd ask you to find in my post where I said that but it really doesn't matter.  You're a glass half-empty kind of optimist. (yes, that's sarcastic).

 

I'm simply explaining that there is more than one interpretation of the law in this case.  And we hit "each other" so he hit me as much as I hit him.  If he never advances from his corner (even over the line), we never connect.

 

But aside from that, you might wanna work on your reading comprehension skills.

 

P.S.  FWIW, 2 bike-shop employees and 1 customer at the shop today also listened to the entire story & advised that I never assume it's my fault solely.  They rattled off a half dozen stories they've heard in the last year on a similar basis that were found on behalf of the cyclist....(one of the employees included)....and while I don't plan to do anything right now, I'm also not riding the "guilty & that's the end of that" train.

 

P.P.S.  Yes, MBC, I was and always do wear a helmet, lights, reflective clothing, etc.

Ah yes.  Attack the messenger instead of the message.  Back to that failed tactic, I see.

If you'll note I asked if I was reading you correctly.  About that reading comprehension bit... you might want to work on it yourself.

You did not hit "each other".  You hit him.  You can try to logic your way into making this a joint failure but you won't succeed.  (Well, perhaps you will but only in your own mind.)  Sure, if he hadn't pulled out you wouldn't have hit him.  However, if, from the very beginning, you weren't riding on the wrong side of the road going the wrong way then you wouldn't have hit him, either.

Also, if you want legal advice hire a lawyer instead of relying on anecdote from people on the street.

It started and ended with you.  You were wrong to ride on the wrong side of the road.  You were wrong to travel the wrong way on the wrong side of the road.  You were wrong to fail to maintain control of your vehicle.  Had you done what you were supposed to do from the very beginning it wouldn't matter what the other driver did.

You can't control what other people do.  You can only control your actions.  You chose poorly and were fortunate to not have to pay a higher price than you did.  Man up, accept the responsibility for your actions and move forward from there.

Not actually being there and seeing the incident myself, I can hardly give any mildly accurate ruling.

However, based on the description, I have to say I side with Cookie and likely the bikers.

Glad you are not any more injured than you are, and sucks to have lost the bike.

However, if you braced yourself off his door, I fail to see how he hit you, unless that F350 can drive sideways.  Second comment, affluent or not really has no bearing, F350, '70 MGB or brand spanking new Aston Martin Vanquish only matters if you are seeking a cash payout and smell 'da green'.

You clearly have the funds to replace your equipment, accept the responsibility and hope dude doesn't decide to come back at you. He failed to look right, or maybe he just didn't see you or recognize what you were. It happens...

Save your anger, annoyance and energy for the guy who actually tries to run you over.

Then let me correct you......No, you are not reading that correctly!

 

You almost seem, like you're not taking any of this advice seriously.

I am an attorney and in any situation, there is a question of what is called "comparative negligence."

If you think about it, very few accidents ever happen unless both parties were negligent in some degree.  If I am a driver, I have an obligation to look both ways before I turn regardless of the direction in which I am turning.  Why?  Because if I am turning right and only look to my left, it is entirely foreseeable that I could hit a pedestrian.  If I fail to look to the right, I am negligent regardless of whether I hit a pedestrian or a cyclist or another car.  I still failed to exercise the level of care expected.  Does that mean I'm at fault?  No.

Next, we have to examine the actions of the person I hit.  What was he or she doing?  Was that person paying attention?  If it was a cyclist or an automobile, what was the cyclist or the automobile doing on the wrong side of the road?  How fast were they traveling?

Assuming it went to a jury, which it never would, it would be up to the jury to assess percentages of negligence.  So, let's assume the cyclist sued the driver for $1,000 and the jury decided that the driver was 75% responsible and the cyclist 25% responsible.  The jury would award the cyclist $1,000 in damages but the court would reduce that to $750.  If the jury decided that the cyclist was more than 50% responsible, he would recover nothing.

From a practical perspective, I'd sure as hell make a claim against the driver's insurance policy.  They'll buck it but I think it's unlikely in the extreme that they'd rather fight it instead of writing a check for at least half the value of the bike and you'd be silly not to file the claim.

Of course, just to cover my ass, the above constitutes personal opinion rather than legal advice.  I know nothing about the laws in other jurisdictions.

Just in case anyone is curious, this video shows first the Don'ts and then the Do's of sharing lanes.

http://commuteorlando.com/wordpress/animations/lane-control/

(the other animations are also useful)

(((redrum)))  I am glad you are okay.