Car-Bicycle Accident Shortly After the Light Changed

[brodysmith]

My question involves a traffic accident in the State of: IL

I was driving 15mph approaching the intersection towards north the light has been green for 4seconds and the pedestrian riding a bicycle suddenly appeared without warning heading from west to east even though his light was "RED" and it was too sudden that i didn't see him crossing.. he suffered an injury which i think is minor.....
im on driving permit and my husband was with me who has a drivers license..

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My question is who is at fault?

[flyingron]

Pedestrian riding a bicycle is an oxymoron. If he is on a bicycle he's a vehicle operator.
The question is whether he entered the intersection on a red signal, NOT whether you were noticed him or not.
There's not enough information here to make a determination. You (well your husband) should report it to the insurer.

[antrc170]

Based on your description, the bicyclist failed to stop at a red light which he/she is required to do if operating the bicycle on the roadway. If the bicycle was operated on the sidewalk, the cyclist still has a duty to follow the traffic lights for pedestrian traffic. If you're light was green, he/she should not have entered the intersection.

Was the accident reported? Police report?

[brodysmith]

yeah we reported it to the police and they gave me a ticket which i don't understand why since it wasn't my fault.. why did the police issue a ticket for me? my ticket is "failure to exercise due care to a pedestrian or the person with bike"
we also inform our insurance company and we are now waiting for the result...

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my husband got a call from the police officer few minutes ago that a witness came to the police station and told them what happened,that it was the cyclist fault.. they will void my ticket!!

thanks everyone for the replies.

[That Guy]

... the light has been green for 4seconds...

Who was timing it, you or your husband? How did you establish the 4 seconds timing?

... the pedestrian riding a bicycle suddenly appeared without warning heading from west to east...

How did he "suddenly" appear if he was travelling from west to east, meaning he went across the opposite lanes (to your left) first and then entered your path. If you were looking forward, you had to have seen him!

yeah we reported it to the police and they gave me a ticket which i don't understand why since it wasn't my fault.. why did the police issue a ticket for me? my ticket is "failure to exercise due care to a pedestrian or the person with bike"

They issued the ticket to you simply because the law says generally, you must exercise due care to avoid colliding with a person operating a bicycle...

(625 ILCS 5/11-1003.1) (from Ch. 95 1/2, par. 11-1003.1)
Sec. 11-1003.1. Drivers to exercise due care.

Notwithstanding other provisions of this Code or the provisions of any local ordinance, every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian, or any person operating a bicycle or other device propelled by human power and shall give warning by sounding the horn when necessary and shall exercise proper precaution upon observing any child or any obviously confused, incapacitated or intoxicated person.
(Source: P.A. 82-132.)

The "notwithstanding" might work in your favor if you happen to know the timing of the yellow light and or estimate how long your green was on...

my husband got a call from the police officer few minutes ago that a witness came to the police station and told them what happened,that it was the cyclist fault.. they will void my ticket!!

Nice... Especially when its some nice random individual who is unknown to either party, simply chooses to report what they saw...

I can see how citing Sec. 11-306.(b)(2) which states:

Pedestrians facing a steady circular yellow or yellow arrow signal, unless otherwise directed by a pedestrian-control signal as provided in Section 11-307, are thereby advised that there is insufficient time to cross the roadway before a red indication is shown and no pedestrian shall then start to cross the roadway.

Pedestrian/bicyclist not allowed entry on yellow.

With minimum yellow @ 3.5, and a possible all red of at minimum 1 second, PLUS her signal being on green for 4 seconds he could not have entered on green...





I'm taking $1 bets that the witness statement (which came in a day (maybe longer) later) included something about 4 seconds!