Coasting Through

Q: At an intersection, an automobile collided with my bike.  There was a stop sign in each direction.  I have to admit that I slowed my bike but did not come to a complete stop.  The car was approaching the intersection and slowing down.  Seeing that it was slowing down, I entered the intersection and looked straight ahead.  When I was more than halfway across the intersection, I was T-boned by the car.

The driver says that I should have stopped and yielded the right-of-way.  He says that that his car came to a stop, he looked both ways and, not seeing any approaching vehicles, he drove into the intersection.  According to the driver, he did not see me until our collision, when he was halfway across the intersection.

A: In general, a person riding a bicycle on a roadway is granted the rights, and is subject to the duties, applicable to a car driver.  A driver who has the right-of-way is entitled to anticipate you will obey traffic laws requiring you to yield.

On the other hand, a driver is negligent when failing to see what she or he should have seen through proper use of her or his senses.  That is: a driver traveling with the right of way may be found to have contributed to the happening of a collision if she or he did not use reasonable care to avoid it; there can be more than one proximate cause of a collision.  Definitely, consult with an attorney.

By: Scott Baron,
Attorney at Law Advertorial

The law responds to changed conditions; exceptions and variations abound. Here, the information is general; always seek out competent counsel. This article shall not be construed as legal advice.

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