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  1. #1

    Default Determining Fault for a Collision Between a Car and a Bicycle

    My question involves a traffic ticket from the state of: Pennsylvania

    Hello. So I was at a stop sign, and stopped. I saw no cars coming, then I pull out and turn left, suddenly a bike coming at me very fast from the opposite direction. He couldn't stop immediately and ran into my car. His bike hit my fender and caused 3 dents, and his arms landed on the windshield, and its smashed. The intersection is a T-shape intersection, I am pulling out from bottom of the T, while the bike is coming from the top left of the T heading right.

    His defense was kept saying I have a stop sign and I should stop, which I did. It was just that when I pulled out, he was too fast and he couldn't stop on time. Then he told me he is just a bike so he can only go 15 to 20 mph, but I said even if it is a bike, it does have its speed, and his ability to control the bike in that moment. As soon as I saw him coming, I stopped right in the center of the intersection, because he looks like he is going around my car, but no, he just come at me. He only left me the driver's license (took a picture of it) and he left since he said he has to work. And I got a police report.

    Question is, whose fault is it ? Thanks.

  2. #2
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    Default Re: Determining Fault for a Collision Between a Car and a Bicycle

    You appear to be stating that you were stopped at a stop sign, while a cyclist was proceeding down a through street with no stop sign - that is, that the bicyclist had right of way. You appear to be stating that because you failed to properly check for oncoming traffic you did not see the bicycle, and thus proceeded into the intersection, cutting him off.

    What facts did you leave out that you believe would make the resulting collision anything less than 100% your fault? Did the police find any fault on the part of the bicyclist and, if so, on what basis?

  3. #3

    Default Re: Determining Fault for a Collision Between a Car and a Bicycle

    Quote Quoting Mr. Knowitall
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    You appear to be stating that you were stopped at a stop sign, while a cyclist was proceeding down a through street with no stop sign - that is, that the bicyclist had right of way. You appear to be stating that because you failed to properly check for oncoming traffic you did not see the bicycle, and thus proceeded into the intersection, cutting him off.

    What facts did you leave out that you believe would make the resulting collision anything less than 100% your fault? Did the police find any fault on the part of the bicyclist and, if so, on what basis?
    The officer said it could go either way. He said he wasn't there to see, but taken things into consideration, he said I have a stop sign, but the bicyclist also could be going pretty fast. It is up to the insurance to decide.

    But when I said I did stop, I didnt state that to make myself innocent, that was indeed what happened.

  4. #4
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    Default Re: Determining Fault for a Collision Between a Car and a Bicycle

    Quote Quoting AnswerFinder
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    The officer said it could go either way.
    The officer had not heard to bicyclist's side of story at that time and he was likely saying that to appease you. Lucky for you because only based on your description (assuming this echoed your statement to the police) you could have been cited for failing to yield the right of way.

    Quote Quoting AnswerFinder
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    the bicyclist also could be going pretty fast.
    There is no law in Pennsylvania that shifts liability to a speeding driver. So even if he was "going pretty fast", (1) it would be best to stay out of his way, (2) "pretty fast" is fairly subjective, (3) you obviously didn't see him approaching and therefore you don't know how fast he was going and (4) even if you did see him, you are not qualified to provide a speed estimate that is reasonably or remotely reliable or accurate.

    Quote Quoting AnswerFinder
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    But when I said I did stop, I didnt state that to make myself innocent, that was indeed what happened.
    There is no one doubting that you stopped. Stopping, however, is meaningless if you are not going to yield the right-of-way to approaching vehicles that are not required to stop!

    § 3323. Stop signs and yield signs.

    (a) Intersections controlled by signs.--Preferential right-of-way at an intersection may be indicated by stop signs or yield signs as authorized in section 6124 (relating to erection of traffic-control devices at intersections).

    (b) Duties at stop signs.--Except when directed to proceed by a police officer or appropriately attired persons authorized to direct, control or regulate traffic, every driver of a vehicle approaching a stop sign shall stop at a clearly marked stop line or, if no stop line is present, before entering a crosswalk on the near side of the intersection or, if no crosswalk is present, then at the point nearest the intersecting roadway where the driver has a clear view of approaching traffic on the intersecting roadway before entering. If, after stopping at a crosswalk or clearly marked stop line, a driver does not have a clear view of approaching traffic, the driver shall after yielding the right-of-way to any pedestrian in the crosswalk slowly pull forward from the stopped position to a point where the driver has a clear view of approaching traffic. The driver shall yield the right-of-way to any vehicle in the intersection or approaching on another roadway so closely as to constitute a hazard during the time when the driver is moving across or within the intersection or junction of roadways and enter the intersection when it is safe to do so.

  5. #5

    Default Re: Determining Fault for a Collision Between a Car and a Bicycle

    Quote Quoting That Guy
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    The officer had not heard to bicyclist's side of story at that time and he was likely saying that to appease you. Lucky for you because only based on your description (assuming this echoed your statement to the police) you could have been cited for failing to yield the right of way.



    There is no law in Pennsylvania that shifts liability to a speeding driver. So even if he was "going pretty fast", (1) it would be best to stay out of his way, (2) "pretty fast" is fairly subjective, (3) you obviously didn't see him approaching and therefore you don't know how fast he was going and (4) even if you did see him, you are not qualified to provide a speed estimate that is reasonably or remotely reliable or accurate.



    There is no one doubting that you stopped. Stopping, however, is meaningless if you are not going to yield the right-of-way to approaching vehicles that are not required to stop!

    § 3323. Stop signs and yield signs.

    (a) Intersections controlled by signs.--Preferential right-of-way at an intersection may be indicated by stop signs or yield signs as authorized in section 6124 (relating to erection of traffic-control devices at intersections).

    (b) Duties at stop signs.--Except when directed to proceed by a police officer or appropriately attired persons authorized to direct, control or regulate traffic, every driver of a vehicle approaching a stop sign shall stop at a clearly marked stop line or, if no stop line is present, before entering a crosswalk on the near side of the intersection or, if no crosswalk is present, then at the point nearest the intersecting roadway where the driver has a clear view of approaching traffic on the intersecting roadway before entering. If, after stopping at a crosswalk or clearly marked stop line, a driver does not have a clear view of approaching traffic, the driver shall after yielding the right-of-way to any pedestrian in the crosswalk slowly pull forward from the stopped position to a point where the driver has a clear view of approaching traffic. The driver shall yield the right-of-way to any vehicle in the intersection or approaching on another roadway so closely as to constitute a hazard during the time when the driver is moving across or within the intersection or junction of roadways and enter the intersection when it is safe to do so.
    when i mentioned his speed, i wasnt saying he was speeding. i meant that when i stopped, I didn't see anything coming, car or bike, I didnt just stop and disregard any upcoming traffic. Then when I pull out a bike immediately appears. I stopped moving hoping he can avoid be, I also see him braking but he couldn't so he hit me. That is how I got the idea that he went pretty fast.

  6. #6
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    Default Re: Determining Fault for a Collision Between a Car and a Bicycle

    A bicycle, proceeding legally down the road is only required to obey the posted speed limit. It is not required to maintain your preconception of its ability to progress. I have had bicycles doing over 50.

  7. #7

    Default Re: Determining Fault for a Collision Between a Car and a Bicycle

    So overall its my fault ?

  8. #8

    Default Re: Determining Fault for a Collision Between a Car and a Bicycle

    OP, just for the sake of clarity, can you confirm that the bike was traveling upon the roadway and not the sidewalk, and, if in the roadway, that the bike was traveling in the direction of travel for the traffic lane he was in? (In otherwords, was the biker going "with" traffic or "against" traffic?)

  9. #9

    Default Re: Determining Fault for a Collision Between a Car and a Bicycle

    Quote Quoting aardvarc
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    OP, just for the sake of clarity, can you confirm that the bike was traveling upon the roadway and not the sidewalk, and, if in the roadway, that the bike was traveling in the direction of travel for the traffic lane he was in? (In otherwords, was the biker going "with" traffic or "against" traffic?)

    The bike was traveling on the roadway, and he was traveling with traffic direction.

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