Car/Bike Accident

[DoctorFunk]

What is the name of your state? Wisconsin

I was recently in a car/bike accident (I was the bicyclist) while commuting to school. I was riding in a full size right turn lane when a woman in a Chevy Blazer pulled in front of me (from my recollection she did not necessarily cut me off, but we were fairly close). She and I were both turning right on the next street, and the light at the intersection we were approaching had just turned yellow when she stopped cold, braking very hard. I had been biking at a decent clip, trying to keep up with car traffic in the right turn lane in an effort not to get run down from behind, but I certainly wasn't speeding or anything like that.

After she braked I had very little time to slow down and despite efforts to make for the curb to avoid the car, I ran into her tailgate. I was thrown over the handlebars and into her tailgate and my bike scratched up her tailgate pretty badly. I was not injured (although my bike's front tire was totaled), and the police were called to report the accident. I was given her name, contact info, and insurance information, and she was given my contact info. I do not have any car or homeowner insurance.

I received a letter from her insurance today claiming that they had paid for the cost of her car repair (minus a $100 deductible) and had completed an "investigation" in which they found me at fault. They expect me to pay for the costs of the repair: approximately $900. I am aware that Wisconsin is a "comparative negligence" state, and am wondering how I might go about convincing her insurance company that she was not without fault in this accident. I, for one, do not think that coming to a dead stop at the beginning of a yellow light is responsible/safe driving for those behind you (especially those without power brakes!)

Thanks for any advice/suggestions you may have in trying to negotiate with her insurer!

[I AM ALWAYS LIABLE]

Originally Posted by DoctorFunk

What is the name of your state? Wisconsin

I was recently in a car/bike accident (I was the bicyclist) while commuting to school. I was riding in a full size right turn lane when a woman in a Chevy Blazer pulled in front of me (from my recollection she did not necessarily cut me off, but we were fairly close). She and I were both turning right on the next street, and the light at the intersection we were approaching had just turned yellow when she stopped cold, braking very hard. I had been biking at a decent clip, trying to keep up with car traffic in the right turn lane in an effort not to get run down from behind, but I certainly wasn't speeding or anything like that.

After she braked I had very little time to slow down and despite efforts to make for the curb to avoid the car, I ran into her tailgate. I was thrown over the handlebars and into her tailgate and my bike scratched up her tailgate pretty badly. I was not injured (although my bike's front tire was totaled), and the police were called to report the accident. I was given her name, contact info, and insurance information, and she was given my contact info. I do not have any car or homeowner insurance.

I received a letter from her insurance today claiming that they had paid for the cost of her car repair (minus a $100 deductible) and had completed an "investigation" in which they found me at fault. They expect me to pay for the costs of the repair: approximately $900. I am aware that Wisconsin is a "comparative negligence" state, and am wondering how I might go about convincing her insurance company that she was not without fault in this accident. I, for one, do not think that coming to a dead stop at the beginning of a yellow light is responsible/safe driving for those behind you (especially those without power brakes!)

Thanks for any advice/suggestions you may have in trying to negotiate with her insurer!

My response:

You said that she didn't cut you off. She had every right to stop at a yellow light. You, on the other hand, didn't have control of your bike. You are at fault and are responsible to pay for the repairs.

IAAL

[DoctorFunk]

I guess I fail to see how this situation could be looked at differently than one in which a car brakes hard at an unexpected juncture in an effort to "bait an accident." If the following vehicle is ALWAYS at fault when in a rear-end accident (due to failure to control their car/bike), where is the protection from inappropriate stops that disrupt the flow of traffic unexpectedly?

I can certainly understand that it will be difficult to avoid admitting a certain amount of negligence in the accident, but not 100% fault. By 1). Stopping unexpectedly at the earliest part of a yellow light and 2). Doing so in an aggressive/hazardous manner, I would expect that the motorist would share equal blame.

[I AM ALWAYS LIABLE]

Originally Posted by DoctorFunk

I would expect that the motorist would share equal blame.

My response:

I know you would. But, not under these facts. You failed to maintain control, and distance, and she had a right to stop at a yellow.

IAAL

[Sal33n]

Just out of curiousity, how much time/distance was there from the point that she moved in front of you to the point in which she stopped? If it's one of those short right turn lanes then I can see where you would not have enough reaction time to avoid the collsion. The same can hold true in an auto. If I am traveling down the road and someone cuts close enough in front of me to almost be considered being cut off, and then they slam on the brakes resulting in my grill in their bumper; there is no way I should be held at fault. As the person switching lanes, it should be their responsibility to make sure that there is enough distance between the car (or bike) your are pulling in front of to pass and be aware of the surrounding conditions so as not to cause an accident from the result of the passing move. Sounds to me like the bike basically had control of the lane and the car made an unsafe pass to get in front of the bike and to the light first.

[Pugilist]

You said that her insurance company says you were at fault. But who did the POLICE blame, in their police report?

I am curious - do you have red light cameras in town? (I am thinking that the lady could have developed a "stop on yellow" habit out of fear of getting a camera ticket. By the way, the accident stats say that she soon will be cured of her &@#! habit, when she makes one of those short stops in front of a Mack truck.)

Pug

[shortbus]

Originally Posted by DoctorFunk

If the following vehicle is ALWAYS at fault when in a rear-end accident (due to failure to control their car/bike), where is the protection from inappropriate stops that disrupt the flow of traffic unexpectedly?

The protection is in the distance that you, as the following vehicle, are supposed to maintain between you & the vehicla in front. 'Unexpected' things happen, and when you ride on the roads, the law intends for you to make an allowance for them.