Bicyclists Usually *NOT* At Fault

Right of Way did a "study", that is all.
It did not change any of the police reports,
It did not change any legal outcomes.
Too bad it was not truly independent either.

J Swartz wrote:
No, You mean Your failure to see the driver opening the door. You are in his
blindspot.

Are you saying that if you glance in the mirror without looking
over your shoulder and open your door into traffic, you expect
the operator of the vehicle which hits your door to get the
ticket?

"Zoot Katz" wrote in message
...
Thu, 30 Sep 2004 13:08:13 -0500, ,
"J Swartz" wrote:


3 - riding too fast or failure to see Opening Doors

You mean "riding too close to parked cars"

I mean failure to check for conflicting traffic before opening doors.

No, You mean Your failure to see the driver opening the door. You are in
his
blindspot.

Guess again, scum clot.

Uniform Vehicle Code - Article XI

11-1105.Opening and closing vehicle doors
No person shall open any door on a motor vehicle unless and until it
is reasonably safe to do so and can be done without interfering with
the movement of other traffic, nor shall any person leave a door open
on a side of a vehicle available to moving traffic for a period of
time longer than necessary to load or unload passengers.

Illinois Vehicle Code, Article XIV, Section 11-1407, requires that:
"No person shall open the door of a vehicle on the side available to
moving traffic unless and until it is reasonably safe to do so, and
can be done without interfering with the movement of other traffic."

Australia - Victoria
Rule 269. "Opening doors and getting out of a vehicle etc.... (3) A
person must not cause a hazard to any person or vehicle by opening a
door of a vehicle, leaving a door of a vehicle open, or getting off,
or out of, a vehicle."

Canada - Province of Ontario
165. "It is illegal for drivers or passengers to open their car doors
without first making sure the action will not endanger a cyclist or
any other person or vehicle."
. . .etc.


To: microbrain

All the driver has to say is that he did not see you, and he might get small
fine.
Hard to make a judge believe you could not avoid door by moving over a foot.

If you assume that driver will always see you, that you have recourse in
court, and therefore you can ride fast close to parked cars, you gonna get
whacked, just a matter of time, that is your problem, not mine.

Better to take possession of the lane, away from door range. Driver can see
you better too.

James S wrote:
Right of Way did a "study", that is all.
It did not change any of the police reports,
It did not change any legal outcomes.
Too bad it was not truly independent either.


Independent of what?

--
Steven O'Neill

J Swartz wrote:
"Zoot Katz" wrote in message
...

Wed, 29 Sep 2004 23:41:55 -0400, ,
Mitch Haley wrote:


3 - riding too fast or failure to see Opening Doors

You mean "riding too close to parked cars"

I mean failure to check for conflicting traffic before opening doors.


No, You mean Your failure to see the driver opening the door. You are in his
blindspot.


Wow. That really is an amazingly stupid statement. Sorry , my fault
you didnt look.

Zoot Katz wrote:

Thu, 30 Sep 2004 16:43:40 -0500, ,
"J Swartz" wrote:

All the driver has to say is that he did not see you, and he might get small
fine.

IOW, they've admitted fault for having broken a law.

But J Swartz is right, drivers (without alcohol in their systems)
can kill cyclists and pedestrians at will, as long as they say
the magic words. Just like an on-duty police officer can kill
anybody, as long as he claims that he thought the victim was armed.
"My gun just went off" is another one that works, but only for cops.

Last year, some idiot killed a high school valedictorian about a month
after she graduated. At the time, he claimed that he was passing at
a safe distance and she "swerved into my path". The prosecuting
attorney went for a negligent homicide charge. The defense attorney
claimed, among other things, that her shirt was the color of the sun
and you couldn't see her with the sun in your eyes. (at 2pm daylight
savings time, with the sun almost directly overhead, try claiming
that next time you rear end a school bus) A jury of his peers wasn't
even deadlocked, they found him innocent. (his peers being other idiots
who wouldn't want to go to jail if their stupidity killed somebody).

This is a big step forward from when I was 18, when some bozo ran a
stop sign and destroyed my motorcycle. The assistant prostituting attorney
at that time (1982) told me that "you just can't see motorcycles" when he
refused to take the ticket to court. I should have demanded that he
(the taxpayer funded lawyer) give me his license so I could rip it up if
he couldn't see a high beam headlight (which I had on at the time of the crash)
in clear weather.

Mitch.

On Thu, 30 Sep 2004 16:43:40 -0500, J Swartz wrote:


All the driver has to say is that he did not see you, and he might get small
fine.
Hard to make a judge believe you could not avoid door by moving over a foot.


That's four feet and there is no warning.

Here is the bottom line rule. When your driving 2 tons of Steal, it is
ALWAYS your god damn fault. More people die of Car accidents than any
other even in the US, but somehow when it comes to Bikes, it's the
bicyclists fault? Right.

Give up the crack man.

Ruben

On Thu, 30 Sep 2004 16:12:29 -0700, Zoot Katz wrote:

BTW, I've never been doored. Had a few close calls when I started
riding as an adult (1970)


I never get doored because I never ride in the right hand side of the
road, which is a violation in many states who don't give a damn if I die
on my bike because of reckless motorist, as almost all motorists are.

Ruben

Ruben Safir wrote:
On Thu, 30 Sep 2004 16:12:29 -0700, Zoot Katz wrote:

BTW, I've never been doored. Had a few close calls when I started
riding as an adult (1970)


I never get doored because I never ride in the right hand side of the
road, which is a violation in many states who don't give a damn if I die
on my bike because of reckless motorist, as almost all motorists are.

Aren't you required to ride as far to the right *as long as you
can remain safe*? I'd say it's up to te rider to decide how far
that is.

--
Steven O'Neill

On Thu, 30 Sep 2004 17:26:42 +0000, Ken [NY) wrote:

And there is the best method of staying on your bike, rubber
side down. You are entitled to that right lane, so use it.


in New York, that is a recent change in the law and it is true. Take the
whole damn lane and if they hon at you, put your kyptonite lock into their
windshield.

It bounces off the hood and comes right back to you.

Ruben