<BLOCKQUOTE><font size="1" face=" Arial, Verdana, Helvetica">quote:</font><HR>Originally posted by phantom:
Sorry to keep at this, but I need an answer. My 13-year old son was riding a bike in the crosswalk of a 7-lane street in Illinois. He hit a car in the front quarter panel. The car accelerated from the fourth lane on arrow to make a left hand turn. My son had to be in the 2 or 3rd lane when the arrow hit. Doesn't the driver have to ensure the intersection is clear before entering. What about 625 ILCS 5/11-1003.1 that says "..every driver of a vehicle shall exercise due care to avoid colliding with a pedestrian , or any person operating a bicycle..."?<HR></BLOCKQUOTE>
My response:
And the vehicle driver DID, in fact, exercise "due care" and DID, in fact, "avoid colliding with" your son. You said, "[My son] *** hit a car *** in the front quarter panel." Your son did the colliding, not the driver of the vehicle. Please also remember what I told you before, that a bicyclist has the same, exact, duties to follow the Rules of the Road just like a vehicle. So, by the facts of the accident, and by your own admission, it is your son that is at fault - - there's no getting around it.
IAAL
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