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Any recourse when negligently hit by another bike?



 
 
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  #1  
Old June 11th 13, 07:50 PM posted to rec.bicycles.misc
Anatol Zolotusky
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Default Any recourse when negligently hit by another bike?

I'm a newbie in this group, so apologies if this question has already been discussed.

The story: this morning on my way to work I was slowly riding my bicycle out of my driveway in Palo Alto, CA, into the street, watching for incoming traffic from the left of the street. When crossing the sidewalk, I've been blindsided from my right by another cyclist (who was, of course, riding on the left sidewalk, relative to his direction). The guy knocked me down and rode over my rear wheel, thus completely ruining it. After which he said that he wasn't going to pay for my wheel, because the collision was not his fault - see, the street doesn't have the bicycle pass, so he can ride where he damn pleases. He did give his name though - Edward Berkowitz from Palo Alto.

So, the question is: do I have any recourse in such cases - perhaps for the future mishaps like this. The ******* has caused a few hundred bucks of damage, and left me literally in the dust. Does anyone have any advise, for this case, or for the future?

TIA,

--Anatol

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  #2  
Old June 11th 13, 08:00 PM posted to rec.bicycles.misc
Duane[_3_]
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Posts: 1,900
Default Any recourse when negligently hit by another bike?

On 6/11/2013 2:50 PM, Anatol Zolotusky wrote:
I'm a newbie in this group, so apologies if this question has already been discussed.

The story: this morning on my way to work I was slowly riding my bicycle out of my driveway in Palo Alto, CA, into the street, watching for incoming traffic from the left of the street. When crossing the sidewalk, I've been blindsided from my right by another cyclist (who was, of course, riding on the left sidewalk, relative to his direction). The guy knocked me down and rode over my rear wheel, thus completely ruining it. After which he said that he wasn't going to pay for my wheel, because the collision was not his fault - see, the street doesn't have the bicycle pass, so he can ride where he damn pleases. He did give his name though - Edward Berkowitz from Palo Alto.

So, the question is: do I have any recourse in such cases - perhaps for the future mishaps like this. The ******* has caused a few hundred bucks of damage, and left me literally in the dust. Does anyone have any advise, for this case, or for the future?

TIA,



What do you mean "the street doesn't have the bicycle pass", do you mean
path?

Anyway, I'm not familiar with the law in Palo Alto but here in Montreal
it is illegal to ride a bike against traffic and also to ride a bike on
a sidewalk. I think you have to ride in the same direction as traffic
when on the road but no idea what is required regarding sidewalks.
Check you local highway code.

  #3  
Old June 15th 13, 02:00 AM posted to rec.bicycles.misc
[email protected]
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Default Any recourse when negligently hit by another bike?

Why didn't you see him coming? I think it's you who may have been negligent.
  #4  
Old June 19th 13, 08:02 PM posted to rec.bicycles.misc
Ben Kaufman
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Posts: 60
Default Any recourse when negligently hit by another bike?

On Tue, 11 Jun 2013 11:50:58 -0700 (PDT), Anatol Zolotusky
wrote:

I'm a newbie in this group, so apologies if this question has already been discussed.

The story: this morning on my way to work I was slowly riding my bicycle out of my driveway in Palo Alto, CA, into the street, watching for incoming traffic from the left of the street. When crossing the sidewalk, I've been blindsided from my right by another cyclist (who was, of course, riding on the left sidewalk, relative to his direction). The guy knocked me down and rode over my rear wheel, thus completely ruining it. After which he said that he wasn't going to pay for my wheel, because the collision was not his fault - see, the street doesn't have the bicycle pass, so he can ride where he damn pleases. He did give his name though - Edward Berkowitz from Palo Alto.

So, the question is: do I have any recourse in such cases - perhaps for the future mishaps like this. The ******* has caused a few hundred bucks of damage, and left me literally in the dust. Does anyone have any advise, for this case, or for the future?

TIA,

--Anatol


Probably not, because it doesn't sound like you saw actual ID from this guy...
Happened to my wife, her car was slightly clipped by another car , minor damage
to the side view mirror. Other driver was all apologetic, "just send me the
bill," wrote down her name and number, it was phony.

Ben
  #5  
Old June 21st 13, 09:24 PM posted to rec.bicycles.misc
Peter Rathmann
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Posts: 121
Default Any recourse when negligently hit by another bike?

On Tuesday, June 11, 2013 11:50:58 AM UTC-7, Anatol Zolotusky wrote:

The story: this morning on my way to work I was slowly riding my bicycle out of my driveway in Palo Alto, CA, into the street, watching for incoming traffic from the left of the street. When crossing the sidewalk, I've been blindsided from my right by another cyclist (who was, of course, riding on the left sidewalk, relative to his direction). The guy knocked me down and rode over my rear wheel, thus completely ruining it.



So, the question is: do I have any recourse in such cases - perhaps for the future mishaps like this. The ******* has caused a few hundred bucks of damage, and left me literally in the dust. Does anyone have any advise, for this case, or for the future?


Basically the same as when hit by a car. You can sue the at-fault party for your damages in small claims court if they refuse your initial request for payment. If the cyclist has either home owners or renters insurance that would normally cover them for liability in the event of an accident they cause while riding a bicycle.

However, I'm not too sure about the question of fault in the accident described here. Cities in Cal. can each set their own rules about riding on sidewalks and many allow it outside of business districts. If it's allowed in Palo Alto then the person riding across the sidewalk from a driveway would be responsible for looking both ways for either pedestrian or bicycle traffic before crossing the sidewalk. Sidewalks are bi-directional so you really should look both ways.
  #6  
Old June 25th 13, 05:15 AM posted to rec.bicycles.misc
Wes Groleau
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Posts: 555
Default Any recourse when negligently hit by another bike?

On 06-21-2013 16:24, Peter Rathmann wrote:
However, I'm not too sure about the question of fault in the accident described here. Cities in Cal. can each set their own rules about riding on sidewalks and many allow it outside of business districts. If it's allowed in Palo Alto then the person riding across the sidewalk from a driveway would be responsible for looking both ways for either pedestrian or bicycle traffic before crossing the sidewalk. Sidewalks are bi-directional so you really should look both ways.


Whether he was legally on the sidewalk or not, in most places you are
supposed to look before crossing a sidewalk. It IS legal everywhere for
things with feet to be on sidewalks.

--
Wes Groleau

There ain't no right wing,
there ain't no left wing.
There's only you and me and we just disagree.
(apologies to Jim Krueger)

  #7  
Old August 7th 13, 06:49 PM posted to rec.bicycles.misc
Art Harris[_2_]
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Posts: 14
Default Any recourse when negligently hit by another bike?

Anatol Zolotusky wrote:

The story: this morning on my way to work I was slowly riding my bicycle out of my driveway in Palo Alto, CA, into the street, watching for incoming traffic from the left of the street. When crossing the sidewalk, I've been blindsided from my right by another cyclist.



The other cyclist may have been at fault for riding on the sidewalk. But I think you were also at fault for not looking. What if a pedestrian or jogger had been on the sidewalk? You probably would have hit them.

In general, you do have recourse if another cyclist hits you due to negligence. I was once hit by a cyclist riding on the wrong side of the road. After I threatened legal action, his insurance company paid for my bike repairs..

Art Harris


 




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