Right of way??!

[Tse How]

Ok, say I'm driving at the regular speed limit along this road, and all of a sudden, a kid on a bike zooms out of this side road and slams into my car. Suppose he gets hurt or dies-- am I liable for anything? I wasn't breaking any laws or anything, just driving regular. The kid didn't stop at all at his stop sign or signal anything or what. This is just to settle this debate I have with a friend of mine who insists that it would be the drivers fault because the pedestrian always has the right of way. Now, 5 years ago when I took my driver's ed classes, I learned the typical mantra "the pedestrian always has the right of way", but in this case?? I don't know...Any lawyers out there or anyone that knows about traffic/insurance law?

[Sir_Froggy]

have u guys seen that mini-movie where that guy with the briefcase is walking on a crosswalk when suddenly he's hit by a car and he goes flying in the air with his papers flying everywhere too??

man it was a funny video because the guy was doing all these tricks in the air....not sure if he was doing em on purpose though...

[sho.gun]

if the kid is on a bike, doesn't that mean he's not a pedestrian? He should be in the bike lane, so I don't think it would be your fault.

[Ladogaboy]

I think that people on bikes do fall under a different category than pedestrians, but I can't confirm that. Regardless, however, if someone bolts out, like DF said, whether pedestrian or biker, they are culpable for their actions. As long as you were obeying all speed and trafic laws, you would not be at fault; but for their illegal actions, there would have been no accident.

It is similar to rear-ending someone. Technically, it is always the fault of the person who rear-ends someone, however, depending on extenuating circumstances, the person committing the rear-end, might not be at fault.

[Nanotech9]

i was of the understanding that bikes were supposed to obey traffick signals just like motor vehicles... stop signs, redlights, yeild signs etc... weather they be riding on the road or teh sidewalk or in the bike lane (if there is a bike lane).

[Pinkgirl36]

Originally posted by DarkFury

If a pedestrian bolts out onto the road unexpectedly and you hit them... as long as you were doing the "speed limit" and obeying traffic laws I don't think that the law would find you liable.

You aren't liable. That's how my friend died last week, she wasn't paying attention and walked out in the road after checking her mail and was hit by a car, and the driver wasn't speeding or anything. It was an accident of my friends fault, unfortunately. But to the point, if they do walk out in front of you, no you won't be held liable for what happens.

[Ladogaboy]

Originally posted by Pinkgirl36
That's how my friend died last week

uhhh... my condolences.

[mojo]

Originally posted by Pinkgirl36
You aren't liable. That's how my friend died last week, she wasn't paying attention and walked out in the road after checking her mail and was hit by a car, and the driver wasn't speeding or anything. It was an accident of my friends fault, unfortunately. But to the point, if they do walk out in front of you, no you won't be held liable for what happens.

sorry to hear it

[JPR]

The kid on the bike is suppose to follow the traffic laws just as if they were in a car.

[attgig]

wow...sorry to hear that pink...


but anyone see opportunity knocks?
the very first scene...
if they're hurtin...and you pick the right driver...the driver might be scared enough to give some cash and what not.....

[Jihforce]

Originally posted by Ladogaboy
I think that people on bikes do fall under a different category than pedestrians, but I can't confirm that. Regardless, however, if someone bolts out, like DF said, whether pedestrian or biker, they are culpable for their actions.

Yup, bikes are considered "vehicles" actually and can share the road with cars. Unless they are provided a bike line for themselves. They still have to obey traffic laws.

[molecularfire]

First of all, my condolences Pink.

Secondly, I'm pretty sure that you're not liable. I remember an article a while back (Pretty sure that it was in england, not the U.S. though) this driver hit a kid on a bike with her car. The kid got a little hurt, but overall, came out pretty lucky in that encounter. Anyways, they determined that it was the kids fault,and his parents had to pay for the damages to her car.

[psycho-]

They do have a right of way..but I think in this case, the following is true:
If you were driving within normal boundaries of vehicle operation, and it was an accident due to in no part your fault (carelessness, recklessness, mere coincidence on their part), you are not and will not be held responsible.

Sometimes, things like that just happen. It's like when a deer jumps out into the street in front of a car.

[Grimm]

Originally posted by psycho-
Sometimes, things like that just happen. It's like when a deer jumps out into the street in front of a car.

Important note, you can't eat a pedestrian if they jump out in front of your car. In fact the lawmen get pretty pissed off if you even dress them out.

[molecularfire]

"Welcome to the roadkill cafe. You kill it, we'll grill it."

[Jihforce]

ok. read this... (If you are from cali.)

http://www.dmv.ca.gov/pubs/hdbk/pgs52thru54.htm#bike

bikes have the same rights AND responsibilities automobile drivers.

Psycho- people riding bikes aren't deers. Trust me, I've hit a deer before, that's considered "an act of nature" (according to my insurance company). People riding their bikes into your car does not. When some kid decides to run a red light or stop sign, he/she just violated the law. I've had friend get ticketed for not stopping their bikes at stop signs. And if he/she runs into you, then they'll be liable.

[Ladogaboy]

Yeah, no animal really falls under any law. It's just kind of something that happens- quite often to me, too.
Even if it is a threatened or endangered species, you can't be held responsible for it.

mmm... now Grimm got me thinking of venison... damn you!!!

[BrewMaster]

in CA it's actualy illegal, from what i hear, to keep anything you kill with your car. a friend of mine had a deer jump out and he hit it (totaling his car) and when the CHP came, they said he couldn't take the deer for a "souvenir." i guess the idea is to prevent people from "hunting" with their old beat-up chevy.

[Ladogaboy]

Originally posted by BrewMaster
in CA it's actualy illegal, from what i hear, to keep anything you kill with your car. a friend of mine had a deer jump out and he hit it (totaling his car) and when the CHP came, they said he couldn't take the deer for a "souvenir." i guess the idea is to prevent people from "hunting" with their old beat-up chevy.

That is exactly correct, sir. The reason for this is because all wildlife is considered property of the state of California. The state will sell licenses and tags which will allow a person to "harvest" certain times of game, so technically, if your friend had a deer tag for that area and it was proper time and season, then he would be able to keep it- not that he would want to, unless it was for a trophy, and that is just stupid.

Anyway, back to the point at hand. Unless all of the aforementioned criteria are met, you cannot keep anything that you kill while driving.

[Ladogaboy]

Well, DF, as long as there is no state police or fish & wildlife officers around, you're free to toss that deer in your Dakota and do some butchering!

I've seen it done before. The meat is fresh, yes, but it is very messed up. Some people might call it "tenderized"...

[Grimm]

Originally posted by Ladogaboy
I've seen it done before. The meat is fresh, yes, but it is very messed up. Some people might call it "tenderized"...

Unfortunately, it in not very good to eat. The meat is damaged and will spoil quickly. If any of the deers internal organs rupture the meat can be poisoned.
The meat isn't any good so it's not worth the effort.

[Ladogaboy]

Grimm, not all the meat is spoiled, but that usually only leaves hams and body parts outside of the main body cavity. You're right though, most of it is spoiled.

hehe, oh, and DF, deer are tougher than most people think. Although most Bambi lovers might disagree, even a female deer could easily kill a person.