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  #1  
Old 03-23-2007, 11:33 PM
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Join Date: Feb 2005
Posts: 23

Bicyclist hit by car...insurance denied claim


What is the name of your state? TX

Ok...so here's what happened.

On Wednesday, I was riding my bicycle to work on the sidewalk. I came up to an intersection with a crosswalk. I looked at all the lights to make sure that I had the right of way. As soon as I was given my walk/green light, I proceeded out onto the crosswalk riding my bike...

So this lady who's in the far right hand lane, decides to make a right-on-red and runs the back half of my bike and me over. My bike is completely screwed up, and so am I. We didn't call the police or the ems because I've been through this before, and besides I was late for work. So the lady loads my car up and takes me to work...yeah nice of her.

I find out from the insurance company today that because I was going against the flow of traffic that the claim was denied!!! I can understand that if I was on the actual roadway, then I would be at fault, but since I was on the sidewalk crossing at the crosswalk, the lady failed to yield right of way to a pedestrian/other traffic, and didn't use her blinker that I'm in the right. I talked to a police sergeant earlier and he said that the same rules apply to bicyclists on sidewalks as the pedestrian laws.

I'm mainly trying to find a state law/mandate that says that sidewalks can have traffic flow by pedestrians and bicyclists going any way, and that not yielding right of way through a crosswalk puts me in the right.

ANY HELP WOULD BE APPRECIATED!!!!!!
  #2  
Old 03-24-2007, 08:30 AM
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Posts: 12,075
I'm confuse by your post.

Quote:
As soon as I was given my walk/green light, I proceeded out onto the crosswalk riding my bike...
Quote:
I was going against the flow of traffic that the claim was denied!!!
If you had a signal walk signal, how could you be going against the flow of traffic?
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  #3  
Old 03-24-2007, 09:07 AM
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Join Date: Feb 2007
Posts: 8,280
Quote:
Originally Posted by rompervt View Post
What is the name of your state? TX
!
Ridden bicycles aren't pedestrians. You aren't given the right of way at crosswalks. This one is going to be a tough one to argue. One good thing is that Texas specifically does not have a statue that says "bicycles must obey the normal rules of the road." 546 specifically excempts them and nothing in the bicycle rules 551 appears to specifically apply here.
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