T bone collision with a bicyclist

JASONA70

nomnomnom
Oct 27, 2006
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socal
The only thing that pops up in my mind when it comes to how legal it is to ride on the sidewalk/opposite side of traffic is when I was pulled over by a cop in front of a police station. She gave me a citation ticket for not wearing a helmet and for riding on the sidewalk. :nono::nono: I had to miss 1/2 day of school just to go to court with my dad and get the citation cleared, lucky I didn't get fined the first time ( I was in grade school ). Ever since that day I always thought riding on the sidewalk/no helmet was illegal. I guess they're exceptions to some situations such as riding on the sidewalk when it is to dark or when traffic is heavy. This situation was not one of them, it was a sunny afternoon with no clouds and very light traffic. He should have been riding beside the curb and with the flow of traffic. The reason why I didn't see him is because he was coming from the other side of traffic and an obstruction of sight was to my right. He was clearly going a bit to fast that he should have been.
I talked to my insurance company today and I will have to take the car in for examination, the marks on the car will clearly close the case.

Operation on Roadway

21202. (a) Any person operating a bicycle upona roadway at a speed less than the normal speed of traffic moving in the same direction at that time shall ride as close as practicable to the right-hand curb or edge of the roadway except under any of the following situations:

(1) When overtaking and passing another bicycle or vehicle proceeding in the same direction.

(2) When preparing for a left turn at an intersection or into a private road or driveway.

(3) When reasonably necessary to avoid conditions (including, but not limited to, fixed or moving objects, vehicles, bicycles, pedestrians, animals, surface hazards, or substandard width lanes) that make it unsafe to continue along the right-hand curb or edge, subject to the provisions of Section 21656. For purposes of this section, a "substandard width lane" is a lane that is too narrow for a bicycle and a vehicle to travel safely side by side within the lane.

(4) When approaching a place where a right turn is authorized.

(b) Any person operating a bicycle upon a roadway of a highway, which highway carries traffic in one direction only and has two or more marked traffic lanes, may ride as near the left-hand curb or edge of that roadway as practicable.
Amended Sec. 4, Ch. 674, Stats. 1996. Effective January 1, 1997.




I don't think any of these exceptions apply to him. I can only think of number (3) but it was a 2 way street with a center divider.
 
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Jayhall

WHIP THE PISS OUT OF THEM
May 7, 2005
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Surrey BC
I had this happen to me when i first got my licence. I was driving and a kid came flying down the hill, out of an alley, right into my front passanger door. I was questioned, and i later found out that the kids parents were trying to sue me. 2 months later i got a phone call from my Insurance company telling me that they were closing the investigation, becasue the kid hit me, i did not hit him. They even told me to bring my car in so they could repair the damage that his teeth did. But, this is Canada, and we dont get sued for sneazing on people up here. But honastly, he hit me, i did not hit him, and i would expect him to be at fault. Same with your situation. Best of luck, dont lose any sleep over this
 

figgie

Supramania Contributor
Mar 30, 2005
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Twin Cities, Minnesot-ah
PROJECT N00b;1166390 said:
bikes are not allowed on the sidewalk, they are vehicles here in cali. they are supposed to ride on the street which is why there are bike lanes.


Apparently you do not understand how I operate or the lawyers either.

Facts not hearsay. You said they are not allowed. The California state law trumps you in the very post I posted.

a sidewalk where bicycle operation is not prohibited by the local jurisdiction

Invalidates your "facts". The legality of bicycles on the sidewalk is on a jurisdiction basis and not a statewide statute.

So, what statute are you talking about (yes I am expecting a link to said statute)?

JasonA70

But notice the clear definition of ROADWAY. Does california consider the sidewalks a roadway or not? :) yes they define that in another statute.