• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

BIKE PATH NOT CROSSWALK

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

R

rtemerson

Guest
I was riding my bycycle down a bikepath when a car came through the stop sign and stopped right in front of the bikepath at the same time that i got there. I slammed into the side of the car flipped over the hood and
onto the street on the other side..ambulanced to the hospital suffered severe concusion,fractured back and neck and memory loss along with damage to my right knee that might need surgery. what do I do??Im in a no-fault state (michigan) and they are utilizing my auto insurance...who is at fault here...the police report states that I am the responsible. he rolled the stop sign where i did not have one. He did not look before making a complete stop in the bikepath. we got there at the same time.
 


I AM ALWAYS LIABLE

Senior Member
<BLOCKQUOTE><font size="1" face=" Arial, Verdana, Helvetica">quote:</font><HR>Originally posted by rtemerson:
I was riding my bycycle down a bikepath when a car came through the stop sign and stopped right in front of the bikepath at the same time that i got there. I slammed into the side of the car flipped over the hood and
onto the street on the other side..ambulanced to the hospital suffered severe concusion,fractured back and neck and memory loss along with damage to my right knee that might need surgery. what do I do??Im in a no-fault state (michigan) and they are utilizing my auto insurance...who is at fault here...the police report states that I am the responsible. he rolled the stop sign where i did not have one. He did not look before making a complete stop in the bikepath. we got there at the same time.
<HR></BLOCKQUOTE>

My response:

Perhaps it was a "slip of the tongue" but I also read your other post, and you did change the word "sidewalk" to "bikepath". There's a world of difference. So, I'm not quite sure if you're changing your story, and if so, who is it benefiting?

Putting that fact aside for the moment, I guess I'd have to agree with the other driver and the police on this one. Why? Because you are the one who hit the side of the car; the car did not hit you. Therefore, and it may have only been a second, but you both did not come to the intersection at the very same time.

You had a duty to stop if there was an obstruction to your "right of way". If you were unable to stop, that's not the other driver's fault.

IAAL


------------------
By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."

 
P

peter

Guest
There is a BIG difference, If the bike path was a part of the roadway which it is....then were there any markings on the bike path such as slow or stop, and you didnt slow or stop?

Was his view of you obstructed by a car or bushes between you and him? was your view obstructed?

If it was your contention that he just didnt stop at the stop line but stopped in the bike path right in your way...then maybe you have a case.

But how to prove it?

 
P

peter

Guest
Was this during the day? or at night? any street lights on....

Usually bike paths are purposely constructed with a minumum of intersections so that the chances for accidents like this to happen are slim and NONE...... so maybe it is a very bad design..that contributed to the accident.
 
R

rtemerson

Guest
no signes for me...no obstructions...no lines on path and no other vehicles involved it was in the day 80 and clear. thanks <BLOCKQUOTE><font size="1" face=" Arial, Verdana, Helvetica">quote:</font><HR>Originally posted by peter:
Was this during the day? or at night? any street lights on....

Usually bike paths are purposely constructed with a minumum of intersections so that the chances for accidents like this to happen are slim and NONE...... so maybe it is a very bad design..that contributed to the accident.
<HR></BLOCKQUOTE>

 
P

peter

Guest
Al;l the bike paths i have seen are marked with a symbol, and have 2 lines drawn to ride you bike through.....

Now at the intersection, are both the bike path lines painted across the intersection, so anyone with the least bit of driving knowledge can see the path marked?

Or is there only one line like at a stop sign?

Is there any sign on the block, that says bike path ahead? from his side?
 
P

peter

Guest
What I am looking for is there any way to sue the city for negligence in a poorly designed bike path, These type of accidents are very rare...

Was the street recently repaved and they didnt repaint the bike path. get my drift?
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top