Re: Car-Bicycle Accident Shortly After the Light Changed
Who was timing it, you or your husband? How did you establish the 4 seconds timing?
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!
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...
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!
I am right 97% of the time... Who cares about the other 4%!