Per the law, you were operating a vehicle and you were wrong on two accounts.
1. You were operating your vehicle (bicycle) on the sidewalk. This would be no different than my attempting to ride my motorcycle on the sidewalk. 2. You were operating your vehicle (bicycle) against oncoming traffic. This would be no different than me unintentionally turning left into oncoming traffic. In both cases, an accident would be my fault, period, because I have no right of way. Tom www.kegkits.com ----Original Message---- From: Zoltan Finks <[EMAIL PROTECTED]> Sent: 11/02/07 01:56 PM To: Mercedes Discussion List <mercedes@okiebenz.com> Subject: Re: [MBZ] OT things you notice on a bicycle -=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Well that's warm and fuzzy, Allan. Don't worry, I'm ok. I do realize riding on the sidewalk presents a problem. But, no, I would do it again. The alternative was to ride down a half a mile to the next light and turn around in order to get to work on time. Wasn't willing to do that. In the case of this crash, though, (and it may sound like I'm attributing malice, but I really don't think I am in this case), I really think, the driver was trying to cut it close to make a point with me. I was traveling toward oncoming traffic and there weren't many visual obstructions to hide me. What's more, I intentionally slowed down quite a bit because of the driveways, and kept my speed steady. I don't think he intended to really hit me - you'd have to be crazy to bring that kind of trouble on yourself. But he timed it a bit wrong and clipped me. He was a professional driver of a meduim sized truck (was driving his sports car in the crash though). My argument was that it's never okay to hit someone with your car no matter what. And I was only asking for the cost to replace my bent rim - no more. But now as I write this, I realize I will not have a counter-argument for the inevitable: "if you do something stupid and get hurt, it's your fault; and drivers can't be expected to make up for incorrect behavior". So I am not certain where justice lies in that case. The guy's attitude about the thing, and the fact that he said at the scene that he'd pay, I think half the cost, and the fact that he gave me an incorrect name and then hid from me when I came calling, made me want to pursue the issue with him. Brian On 11/2/07, Allan Streib <[EMAIL PROTECTED]> wrote: > "Zoltan Finks" <[EMAIL PROTECTED]> writes: > > > In court, the guy's only defense was that I shouldn't be on the > > sidewalk and maybe next time I will know better. > > I assume you will. Bikes on sidewalks are unexpected by drivers, thus > more likely to escape their attention. > > There was an accident here a few years ago where a bicyclist was > riding the wrong way on a one way street and got creamed by a tri-axle > full of crushed stone because the driver of the truck did not expect > traffic from that direction. > > Allan > -- > 1983 300D > 1966 230 > > _______________________________________ > http://www.okiebenz.com > For new parts see official list sponsor: http://www.buymbparts.com/ > For used parts email [EMAIL PROTECTED] > > To Unsubscribe or change delivery options go to: > http://okiebenz.com/mailman/listinfo/mercedes_okiebenz.com > _______________________________________ http://www.okiebenz.com For new parts see official list sponsor: http://www.buymbparts.com/ For used parts email [EMAIL PROTECTED] To Unsubscribe or change delivery options go to: http://okiebenz.com/mailman/listinfo/mercedes_okiebenz.com _______________________________________ http://www.okiebenz.com For new parts see official list sponsor: http://www.buymbparts.com/ For used parts email [EMAIL PROTECTED] To Unsubscribe or change delivery options go to: http://okiebenz.com/mailman/listinfo/mercedes_okiebenz.com
