Hit by car on my bike. Questions

[cyclist]

What is the name of your state? Virginia

I was approaching an intersection in the far right through lane that has a dedicated right turn lane (separated by an island) and as the light turned green the first vehicle in line at the light decided to take a right turn from the through lane instead of using the dedicated right turn lane 10 yards behind us. I was struck by the right front of their car on my left side and my left collarbone was broken when i hit the pavement. She was cited for failure to yield.

Her insurance company now refuses to pay my medical, etc. as they say I was at fault as well. She's claiming there was no indication that she COULDN'T turn right from the through lane. There is indeed, no sign that says that but I've always assumed that if there's a dedicated right turn lane that breaks off from the through lanes then you are required to use it for any right turns.

I'm wondering if there is any provision in VA traffic law that someone could point me to that requires a person to use the dedicated right turn lane if it is provided.

 

[ecmst12]

I'm not clear where you were that the car hit you as it was turning right....were you riding in the same lane as the car, right next to it? That's probably not legal. VA law says if you contribute to the accident at all, even 1%, then you cannot recover anything from the other party.

 

[cyclist]

I'm not clear where you were that the car hit you as it was turning right....were you riding in the same lane as the car, right next to it? That's probably not legal. VA law says if you contribute to the accident at all, even 1%, then you cannot recover anything from the other party.

She was sitting at the stop light, it turned green, I approached on her right riding in the curb, we moved forward next to each other about 5 feet into the intersection, she started to pull away going straight but then must've thought to turn right at least sec., she turned hard right and hit me.

Just spoke with someone from Fairfax county VA board of supervisors.

"After reviewing the aerial photography, the right turn lane is channelized and separated by
a raised island. It would be worth your time to contact VDOT's Traffic
Engineering and ask them if this location requires a sign prohibiting
right turns. Normally, when a channelized right turn lane is
provided, no additional signage is necessary. Their answer should
determine if you have a case!"

We'll see. I'm pretty well boned on this one. I may become a poster child for better bicycling around here and help the cycling cause but that may be about it.

 

[ecmst12]

Were you in a dedicated bike lane, or riding in the shoulder? Is it legal for bikes to ride in the shoulder? I thought they were supposed to ride in the lane with the rest of traffic if there is no bike lane available but I'm not sure. If you were legally allowed to be riding in the lane you were in, then she was required to yield to you even if it was legal for her to turn right from that lane - she is not allowed to just turn right into you!

 

[cyclist]

Were you in a dedicated bike lane, or riding in the shoulder? Is it legal for bikes to ride in the shoulder? I thought they were supposed to ride in the lane with the rest of traffic if there is no bike lane available but I'm not sure. If you were legally allowed to be riding in the lane you were in, then she was required to yield to you even if it was legal for her to turn right from that lane - she is not allowed to just turn right into you!

There was no dedicated bike lane on that particular road so I was riding on the right side of that lane probably on the right white line or just to the right of it, difficult to remember, but as far as I know I'm allowed to ride there. I typically stick to the right as much as possible so as not to be hit from behind by people talking on their cell phones!

She was cited for failure to yield so it sounds like the cop was thinking the same as you.

 

[ecmst12]

I would suggest consulting a personal injury attorney and ask what kind of case you have. I think you have a pretty decent case, but I haven't dealt with this specific situation and the contributory negligence laws make it a little trickier.

 

[TinkerBelleLuvr]

As a driver and a cyclist, a couple of thoughts came to mind.

While driving, unless there are markings on the road, or signage, I am only allowed to make a right or left turn from the side closest to making that turn. In the case of the dedicated right turn lane, unless there was signage that allowed the driver in the inside lane to make a right turn, that is what caused her to get the 'failure to yield' ticket.

The same process goes with thinking that you were NOT in the right turn lane, therefore, you should only have been able to go straight.

 

[TinkerBelleLuvr]

§ 46.2-846. Required position and method of turning at intersections; local regulations.

A. Except where turning is prohibited, a driver intending to turn at an intersection or other location on any highway shall execute the turn as provided in this section.

1. Right turns: Both the approach for a right turn and a right turn shall be made as close as practicable to the right curb or edge of the roadway.

2. Left turns on two-way roadways: At any intersection where traffic is permitted to move in both directions on each roadway entering the intersection, an approach for a left turn shall be made from the right half of the roadway and as close as possible to the roadway's center line, passing to the right of the center line where it enters the intersection. After entering the intersection, the left turn shall be made so as to leave the intersection to the right of the center line of the roadway being entered. Whenever practicable, the left turn shall be made to the left of the center of the intersection.

3. Left turns on other than two-way roadways: At any intersection where traffic is restricted to one direction on one or more of the roadways, and at any crossover from one roadway of a divided highway to another roadway thereof on which traffic moves in the opposite direction, the driver intending to turn left at any such intersection or crossover shall approach the intersection or crossover in the extreme left lane lawfully available to traffic moving in the direction of travel of such vehicle and after entering the intersection or crossover the left turn shall be made so as to leave the intersection or crossover, as nearly as practicable, in the left lane lawfully available to traffic moving in such direction upon the roadway being entered.

B. Local authorities having the power to regulate traffic in their respective jurisdictions may cause markers or signs to be placed within or adjacent to intersections and thereby direct that a different course from that specified in this section be traveled by vehicles turning at any intersection. When markers or signs are so placed, no driver shall turn a vehicle at an intersection other than as directed by such markers or signs.

(Code 1950, § 46-231; 1952, c. 666; 1958, c. 541, § 46.1-215; 1966, c. 128; 1989, c. 727.)

Because there was a dedicated right turn lane, the driver was NOT close to the edge of the roadway. So, I'm trying to figure out how the insurance company finds YOU at fault.

 

[cyclist]

Because there was a dedicated right turn lane, the driver was NOT close to the edge of the roadway. So, I'm trying to figure out how the insurance company finds YOU at fault.

Well apparently they're grabbing onto that 1% law. The letter I received from them sure sounded like it. "Our investigation has revealed that you and our insured driver both contributed to this accident." My insurance agent even told me that has insured was hit by another driver who was entering the highway and doing a 720 degree spin out of control and the insurance company denied his claim based on the 1% thing b/c he never said he put on his brakes or tried to steer out of the way. Keep in mind this guy entered the highway in a spin and broadsided him out of nowhere as he was just driving down the highway. How in the heck is he going to react that fast? Lame law all around.

Found out she's a lawyer too. I'm screwed. Turns out she works down the block from me and I might actually go to her office and ask for an apology. I doubt I'll get it but I'd like to see one person left in the world who is still human.

 

[Zigner]

Because there was a dedicated right turn lane, the driver was NOT close to the edge of the roadway. So, I'm trying to figure out how the insurance company finds YOU at fault.

If it's truly divided (ie: an island with a curb) then I would argue that she WAS at the edge of the roadway

I feel the OP doing things correctly in this case.

 

[ecmst12]

I would still suggest speaking to a lawyer. It doesn't sound to me like you were doing anything wrong.

 

[cyclist]

I would still suggest speaking to a lawyer. It doesn't sound to me like you were doing anything wrong.

Now spoken with a couple. Last lawyer is a cycling advocate as well and she basically told me that unless I can find a witness willing to make a statement that I'm outta luck. Called the cop in the hope that he may have talked to someone and might have it in his notes. I may actually have to stand on the corner with and hand out flyers saying "Did you see me get hit" with pics of me on my bike. Almost seems like a wash since my time is so valuable.

No lawyer will touch it on contingency since my total damages (at the extreme) might be $2000-$2500. In reality I'm only outta pocket $200-$300 (most of that expensive cycling clothing the EMTs cut off of me) since I have good insurance.

 

[TinkerBelleLuvr]

You always have the option of filing in small claims for the clothes.

I'm still puzzled on the 1%. She got the ticket. She was at fault.

I HATE cars that hit bikes. A good friend of mine was killed on one and I still am cautious.