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by mandm829 from St. Louis, MO

Last Post 6 days, 3 hours Ago


The title alone is fantastic.  Granted this happened in CA, however I wanted to get others opinions on this story.  So the short of it is, this 86 yr old man was riding his bike on the wrong side of the road and was struck by an SUV.  Full story here.  My feeling is this....regardless where he was riding his bike, the SUV is 100% at fault.  Why?  It is the responsibility of the operator of a motorize vehicle to watch what is going on around them 100% of the time.  Besides that, Walkers, Joggers, runners, cyclist always have the right of way.

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Member Comments Total Comments: 8
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julybabe read my blog view my photos
Sep 11, 2008 | 1:22 PM

In MO you are right regarding the law. I have no clue what the CA law says. I hope everyone recovers and is ok.. Sounds like an "accident"to me. the drivers policy will probably pay.

babylove read my blog view my photos
Sep 11, 2008 | 2:04 PM

i know what the laws are,but i still don't think it's right that bikes,walkers,etc have more right to be on ROADS designed for MOTOR vehicles than the actual vehicles.i feel it's his fault for being on the road,and the wrong side,at that.maybe he's senile or something..whatever,to me,roads are for vehicles,and IMO,if you choose to bike on roads,than you should be prepared for what can & probably will eventually happen to you.too bad the law says different...

mandm829 read my blog view my photos
Sep 11, 2008 | 2:41 PM

Babylove, it is drivers like you that are the "cause" of the accidents. I am sorry to hear that you have twisted thinking. I know to watch out for you. Also please keep in mind if you hit someone you are very likely to pay. Please also keep in mind, it is drivers such as yourself as to why everyone has such high auto insurance. Rest assured, you are not the only one out there who feels the way you do, however wrong it is.

AnswerMan read my blog
Sep 11, 2008 | 3:06 PM

All depending on the "Rules of the Road", bicyclists have the same rights and responsibilities as other roadway users (cars). They are required by law (in most states) to ride their bikes on the far right side of the lane allowing cars to pass them.

When passing a bike rider, drivers must slow down and stay at least 3 feet away from said rider. At this point, yes, the automobile create liability.

However; common sense will prevail in this issue and the bicyclist will be proven at fault. I don't know why you mentioned, "granted this happened in CA"? And, age has no relevance on this issue rather only ENVY.

There will be no charges against the driver if he/she was of legal age, not intoxicated, and following all applicable laws. Bicyclists MUST not ride their bikes against traffic - you are risking your own life and are fully liable.

Since I don't know about CA laws, I would assume they have similar laws to that of Illinois. This would take a jury only 10 minutes to conclude - not guilty.

mr_wildflower read my blog view my photos
Sep 11, 2008 | 3:40 PM

With all the road ragers, intoxited and drugged up drivers not to mention the ones that don't know how to drive I would never take my eyes off of traffic an any time.... I won't ride a bike in traffic..... This is one of the reasons I quit riding a motorcycle.... It's not fun if you have to look over your shoulder all the time...... I almost got ran down not long ago walking across the parking lot at the bank....... You may have the right of way but that don't mean your in your right mind if you want to go out and play in traffic....

mr_wildflower read my blog view my photos
Sep 11, 2008 | 3:41 PM

Wow typo's....... I meant to type intoxicated........

Speedy62269 read my blog
Sep 11, 2008 | 4:27 PM

What's up Tommy - LOL - are you BUI? Huh- Blogging Under the Influence? I liked the typo and perfect timing.

Hey Brainhead you must be a lawyer or act like one on television. Illinois law does put the biker on the far right hand side of the lane and they must go with traffic.

If the California accident would have happened here in Illinois - it wouldn't even have been an issue. You would figure that in California their laws are more strict than ours.

Chickenkiller read my blog
Sep 12, 2008 | 12:04 AM

Same laws apply to bicyclists and operators of motor vehicles. If we substitute the word motor vehicle for cyclist, then the cyclist is the one who caused the accident.

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mandm829

I am a mother to 1 son, an 8th grader. My longtime boyfriend and I love to take our Tandem out and see the world. I am a news junkie. I wake up, and go to bed every night with Fox 2. I Love Kevin Steincross and the entire morning crew. Mandy Murphy makes the evening edition a true pleasure. When in my car I listen to 102.5 & 106.5. My favorite movie is: Love Actually. The runner ups: 1. Office Space 2. Saw 1, 2, 3 3. Crank 4. Fried Green Tomatoes 5. Alpha Dog Target is the only place to shop!!! **Remember when ever you are on a bike, motorized or not, put on a helmet. Your arm(s) & leg(s) will heal, but what about the most important part of your body...head??? Food for thought.

Member Since: 10/10/2006