Who’s at Fault? – IOTW Report

Who’s at Fault?

Saturday, 23 December 2023, 15:31 BFH Uncategorized 56

56 Comments on Who’s at Fault?

  8. Cyclists should ride WITH traffic, not against it. Drivers pulling out of a side street or driveway to turn right are concentrating on traffic approaching from the right. Also, not a good idea to walk/ride/drive in front of a vehicle when you don’t have eye contact with the driver.

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  9. The truck was pulling out of a parking lot. Pedestrian has the right of way. People on bikes are considered pedestrians. That truck driver needs to have his licenses yanked. And his ass kicked.

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  10. Bike rider going the wrong way on the sideWALK!
    For some reason, the notion that you ride against traffic when you are on a bike has been around since I was a kid. Dumbest idea ever! And to make it even dumber, just move to the sideWALK.

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  12. All-about-me dumb ass on bicycle deserves a Darwin award but probably won’t get one this year. Does this state have Doctrine of Last Clear Chance? It would have been easier for her to stop than for the truck to stop. Is she trying to win a victim lottery?

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  13. I agree that the biker should not have been riding against traffic and should not have been on the sidewalk. She also should not have proceeded until she was sure the truck driver had seen her. He probably looked far enough to see that no people were WALKING, but not far enough to see someone coming at a faster pace on a bike. Even if he did look back to the right to see where he was turning, it looked like she would have been hidden by the front of the truck.

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  17. The sidewalk is for pedestrians. A cyclist is only a pedestrian while walking (depending on the jurisdiction). A cyclist riding against traffic is at fault. The trucker stopped, checked for traffic and drove on. You can’t avoid what you can’t see. The cyclist was effectively hiding.

    I feel bad for the cyclist, but he/she/it was doing all kinds of stupid. Lucky not to have been squished.

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  22. Where did this happen? It’s important because in some states riding a bicycle on the sidewalk is perfectly legal and in some states it isn’t. Where it IS legal, you can ride in either direction just as a pedestrian can walk in either direction.

    Assuming riding a bike on the sidewalk is legal there, @Brad nailed it.

    The bike rider was doing nothing wrong, and had the right of way. The truck driver can’t even blame obstructed sight line as the bike rider was clearly in view, and the bobtail truck was going plenty slow enough to have stopped.

    Truck driver ought to be horse whipped.

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  24. If I was riding the bicycle, I would have turned into the parking lot to go around the truck. Not assumed I had the right of way.\
    As a motorcycle rider, I assume they are “ALL” trying to run over me. When I come to a busy intersection in the city, I will weave a little, to be more obvious to the idiots.

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  25. Around here it’s legal to ride a bike on the sidewalk and the biker is considered a pedestrian who has the right of way when it comes to sidewalks and parking lots.
    However, whether you’re walking or riding a bike you should have enough sense to watch for cars, especially trucks.
    On the other hand the truck driver unless he honestly didn’t see him, should have at least his commercial license taken away, that’s a good way to kill someone. Unfortunately these days we have far too many truck drivers who are stupid with little training and many who are foreigners. Years ago I trusted truck drivers, today I trust none of them, they fly through towns, run red lights and kill far too many people. Not long ago one in a nearby town ran into the back of a family from out of state who were stopped at a red light, killed the kids and the parents. Just last year a little boy was killed because another trucker hit their car while they were sitting at a red light, the mother and older sister survived, thankfully he wasn’t driving as fast as the other trucker.
    It got so bad, the city has a cop that sits at the intersection, and more cops that patrol stopping trucks who are speeding. It’s a major highway that runs through town.

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  27. I ride a bike all the time, good exercise. Wrong way on a sidewalk? THERE IS NO WRONG “WAY” ON A SIDEWALK! On the roadway on a bike one should be in the SAME direction as traffic. Trucks, one needs to be very very careful, I stop & will not proceed unless the truck driver waves me on. I do not “go” around trucks, that car you didn’t see will get you. Riding a bike or motorcycle one always has has to play the defense that everyone wants to hit you, “oh I didn’t see you”. Too late, you dead.

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  29. Trucker didn’t hit the horn until bike in front of him, too late, then he pulled into the street wide, not into his proper near lane, He was too focused on getting out into traffic. Not a good truck driver

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  30. The truck was turning onto a divided roadway with only traffic coming from the left. The driver was only paying attention to the auto traffic coming from the left. Since we only see the split second he starts to pull forward we have no idea how long he had been sitting there, and may have looked to the right 10 seconds earlier and everything was clear. How many of us have unconsciously done this ourselves?
    This situation is a one-in-a-million or greater chance that a bicycle would be coming from the right on the sidewalk.
    That being said, the truck driver is a fault legally, but the bicyclist is stupid for taking a chance and riding in front of a truck pulling into traffic.

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  31. Riding a bicycle on the sidewalk, going against traffic, and no crosswalk. Not exonerating the truck driver (It would help to know if the truck had a stop sign), but the bicyclist was asking for trouble.

    And maybe pedaling harder instead of raising his hand would have helped his cause more.

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  32. Granted, some states/municipalities don’t allow bikes on sidewalks, cause cars,SUV’s puckups & semis mix so well and bike riders don’t count.
    That right there is a dead promise. Ride a bike, your on you own & say your goodbyes. Thats asinine.

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  33. There is no way I am riding a bike with cars riding behind me. That’s the stupidest rule ever. Talk about not utilizing situational awareness. Just get plowed over by some shithead texting.

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  34. I agree but that’s the law where I live & I very rarely ever follow it. For if someone’s vehicle is going to take me out, if I see it coming, at least I have a chance of falling over the curb out of it’s way. Riding with traffic you would need mirrors & to say your prayers.

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  35. And before anyone sites statistics- I’ve been hit three times from behind by cars, I’ve never had a head on collision. They say, “cars are not expecting you and can’t see you.”

    Ummm, if they are swerving toward the curb it doesn’t matter which direction a bike is going for this asswipe. At least I can see a drunk, or an old bastard, or a texting kid, or a murderer, coming at me. Having said all that, I don’t ride bikes on the street.

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  37. ” I say murderer because those 2 asshole kids rode over the retired cop in Vegas”
    Well now that’s a whole new bag of worms. Certainly applicable. First off this old guy used his bike as transportation. He wasn’t one of those assholes fucking up my commute home. Second of all the truck wasn’t turning into traffic coming from a side street. He was in a parking lot. Every state I checked the pedestrian has the right of way. Third of all the asshole in the truck never tapped his brakes. In my mind it was attempted murder.
    So now the two little Niglettes who killed the retired police chief in Las Vegas. They laughed at the judge while wearing their little orange jump suites. They already knew the out come. I never thought I was a racist person. I still don’t. I’m fairly certain the left is TRYING to make me sound like a racist person. These two children need to be executed on the street. I’d say the same if they were white. Oh hum. Think I’ll go load some more mags.

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  41. A bike is considered a vehicle that must follow all traffic laws.

    I don’t think a car driving the wrong way on a sidewalk would be in the right.

    The fucking piece of shit bicyclist is 100% wrong just like all of them around me that don’t think stop signs are to be followed by them.

    If the truck ran it over, I would have no problem with it, as long as the truck had stopped.

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  42. “A bike is considered a vehicle that must follow all traffic laws.”
    Not in California. What state are you referencing because I doubt it. Bikes have far more freedoms than cars in California. And the majority of states I might add. So name your state.

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  43. Unfortunately Brad is right, bikes do have more freedom and I’m in a red state. At least in towns in my area though the law is they can ride on sidewalks, one town even gave them the sidewalks as their bike route. Yet they’re still considered a pedestrian while on the sidewalk, with the right of way. On the other side of that coin it’s also legal for them to ride in the roadway, even on the highway, which I find retarded. We have minimum speed limits that they can’t reach, yet they’re allowed to back up traffic.
    Once a year they have a stupid bike ride across the county and they ride on a major highway and lucky for me come down my county road and turn around and go back out. They block the entire road. I asked a county deputy a few years ago why they allow that when we have hills and curves where we don’t see them until we’re right on them and they follow no laws, nor do they follow common sense or common decency or respect for others. Like most cops anymore he said they can only do what they’re told to do or not do. I just try to avoid going anywhere the day they spend all day making our commutes miserable or leave early and come home late. I get ticked when I forget, but my husband really gets ticked, he honks and yells at them until they get out of his way. lol
    I don’t get it, I grew up in a time when pretty much only kids rode bikes and we were taught to ride so you’re facing traffic coming towards you and to get the heck off the road when a car was coming.

    This truck though was pulling out of a parking lot, where he should have been paying closer attention. The biker should also have been paying closer attention to anyone pulling out of the parking lot, but the trucker is still at fault and imo is an idiot who shouldn’t be driving a truck.
    As for bicyclists, I much prefer them on the sidewalk than in my way.

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  45. Rules of the Road for Nebraska Bicyclists: What You Need to Know

    We’ll go over some of the most important Nebraska bicycle laws, so you’re ready to ride safely this summer.

    Does Nebraska Have a Bicycle Helmet Law?

    Nebraska has no state law regarding helmet use. Some cities and municipalities have their own ordinances. It’s important to check the local bike laws ahead of time in any area you plan to ride.

    Of course, that doesn’t mean that riding without a helmet is recommended. In fact, according to the Bicycle Helmet Safety Institute, non-helmeted riders are 14 times more likely to be involved in a fatal crash than helmeted riders.

    When Do Cyclists Have the Right-of-Way?

    Nebraska Revised Statute 60-6, 314 states that, with few exceptions, bicycles have the same rights and responsibilities as motor vehicles when traveling on public roadways. This means that bicycles have the right-of-way in any circumstance where a motorist would also have the right-of-way.

    For example, motorists making left turns should yield to bicyclists traveling straight in the opposite direction. Likewise, bicyclists should yield to motor vehicles when applicable. They should also yield to pedestrians in crosswalks.

    Do Bikes Have to Obey Traffic Signals and Stop Signs?

    The short answer here is yes. Bicyclists must stop at red lights and obey other traffic control devices, just like a motor vehicle would.

    Nebraska does not observe the “Idaho stop” law, which allows cyclists to safely ride through red lights if their weight is not enough to trigger the sensor. Nebraska cyclists must wait for the light to turn.

    Can Bicyclists Ride Two Abreast in Nebraska?

    Most states allow bikers to ride side-by-side in at least some situations. Nebraska is not one of those states. Cyclists in Nebraska must remain single file, unless they are on the shoulder.

    Do Bicyclists Have to Use the Bike Lane in Nebraska?

    Nebraska has a mandatory side path law. This law states that cyclists should not ride on the highway if a usable bike path is available.

    In cases where a bicycle lane or path is not available, cyclists should ride as close as practicable to the right side of the road. There are, however, exceptions to this rule. They include:

    When a cyclist is passing a slower cyclist or vehicle
    When there are obstructions, potholes, or debris on the edge of the roadway
    When entering a turn lane to make a left turn
    When riding in a narrow lane where a bicycle and vehicle cannot fit side-by-side
    On one-way streets with more than two lanes and speed limits of less than 35 miles per hour

    Can Bicycles Ride on Sidewalks?

    There is no Nebraska state law prohibiting the riding of bicycles on sidewalks. Some cities, towns, and college campuses have restrictions on the practice, so check local laws before riding bikes in any area.

    What Are the Hand Signals for Bicyclists?

    Just as motor vehicles should signal their intent to turn or change lanes, so too should bicycle riders. Because bicycles are not equipped with turn signals or brake lights, cyclists should use hand signals:

    Left Turn: To indicate a left turn, extend your left arm horizontally out to the side.
    Right Turn: For a right turn, either extend your right arm horizontally out to the side OR use your left arm and bend it upward at a 90-degree angle.
    Stop or Slowing Down: To signal that you are slowing down or coming to a stop, extend your left arm downward, with your palm facing to the rear.
    What Equipment Does a Bicycle Need?

    Bicycles should be equipped with the following:

    Pedals that have white or amber reflectors, visible from at least 400 feet
    Tires with reflective material on the sides or reflectors attached to the spokes
    Brakes that can stop the bicycle within 25 feet when moving at a speed of 10 miles per hour on dry, clean pavement
    When riding at night, bikes should have a white light on the front of the bike, visible from at least 500 feet, and a red reflector or light on the rear
    Additionally, cyclists must keep at least one hand on the handlebars at all times. Cyclists may only ride astride the permanent, regular seat attached to the bike.

    How Can Motorists Drive Safely Around Cyclists?
    Bicyclists are not the only people who are responsible for keeping our roadways safe. Drivers of motor vehicles should respect cyclists’ space and share the road.

    Take the following precautions to help keep Nebraska cyclists safe:

    Allow three feet of space between your car and a cyclist
    Look twice before turning or changing lanes
    When parked on the side of the road, check your side mirror before opening your car door Yield the right-of-way to cyclists when applicable

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  46. How do you know there’s a sidewalk on the other side of the road?

    I was hit on my bike in this same scenario as a kid. Lady clipped my rear wheel and bent it up. She bought me a new one. There was no sidewalk on the other side of the street.

    My old man got punched off his bike into traffic when someone rolled the stop sign to see around a building to exit the parking lot. Bent his frame, and he got a new bike out of the deal.

    Usually it’s drivers not following rules of the road who take the blame.

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  47. Brad
    SATURDAY, 23 DECEMBER 2023, 22:42 AT 10:42 PM
    ^^^^ But that’s hardly the point is it?

    …the point is that, whatever the law says, actual right of way goes to the guy most likely to survive the accident.

    Only your next of kin will get any benefit from asserting your rights vs. a vehicle with tons more mass than yours if it rolls over you for any reason, even if the law is on your side.

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  48. When I was a child I was taught if I got run over it was MY fault. Barring asswipes driving automobiles on sidewalks, and other unsavory shit.

    The point is crosswalks don’t stop automobiles. Nor do stop signs, nor do traffic signals. If you were standing in front of my 1967 Ford 600 RIGHT NOW I wouldn’t be able to see you. Unless you were 7 feet tall.

    People need to get their heads out of their asses.

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  49. Laws have nothing to do with reality. Reality is you get your guts squashed out. You feed the flowers.

    I rode a bicycle on the sidewalks in DC. It was illegal. Nobody ever ran me over. I was never accosted. I was never jailed.

    The law doesn’t stop people from running you over.

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  51. No people have to open their eyes! You want your children run over because someone is in a hurry & can not pay attention to the surroundings? Driving is a PRIVILEGE! WHICH means paying attention to ones around you. Most people forget this, forget the rules of the road. So what, it’s every man, woman & children on their own? Where is my gun?

  52. I wonder if the horn was an added sound effect. If the trucker had enough time to hit the horn he had enough time to stop.

    However, there are few stories of success in taking on something way bigger than you, so there’s that.

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  54. “Driving is a PRIVILEGE!”
    BULLSHIT!

    You pass a test and pay your money. That’s NOT a “privilege.” Or do you believe that being an electrician is a “privilege?” Or a plumber?
    A privilege is a grant of largesse by one of your betters (a sovereign or satrap).

    You paid for the road.
    You paid for the vehicle.
    You paid for the gas.
    You paid the taxes.
    You studied for the test.
    You paid for the test.
    You paid for the license.
    You paid for the tags.
    You paid for the insurance.

    How the fuck is that a “privilege?”
    (I admit that allowing illegal-alien invading rat-people to drive without having to pass a test or pay the fees IS granting a “privilege”)

    mortem tyrannis
    izlamo delenda est …

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