My question involves an injury that occurred in the state of: California
I was involved in an accident that occurred earlier this year. I was in a vehicle, and the other party was on a bicycle. I was facing an intersection, to which I had a stop sign. In front of me was a one way street going from left to right. I was trying to go straight, through the intersection. I could see the traffic coming from my left side clearly, for there was nothing blocking it. On my right side, there was a tall, long rectangular shaped, and thick wall-like bush that created a big blind spot, to where I could not see anybody or anything coming from that side, and I was not expecting any vehicle or bicycle coming from that direction, since it would have been going against the flow of traffic on the left to right one way street.
I stop at the intersection, see nothing on my right but the big blind spot blocking my view. I inch forward, with my car moving into the crosswalk. As I get closer to the section of the one way street where traffic drives on, I keep my eyes on the left side to make sure no car will hit me in crossing the one way street. During this time, I hear a big thump on the front of my car, and a bicyclist rolls onto the hood of my vehicle, and then rolls off. A collision occurred.
At first the bicyclist said he was fine, and was not injured. He just wanted $80 to get his bike fixed, and he would be satisfied. I told him that I could get him the money later, and that I did not have the money at that time. He said okay. I gave him my phone number and car insurance information. I called him later to give him his money, and he said he was greatly injured, and on his way to the hospital in an ambulance.
The injury turned out not to be serious, soft tissue damage. My car insurance company judged me at fault, because I was driving a car, and the other party was on a bicycle, and I had a stop sign to which I should have yielded for the other party.
Keep in mind that for me to "just barely" see past the blind spot on my right side, to see what was coming down from that sidewalk, my vehicle had to be 100% hovering over the crosswalk in its entirety, with the front of my vehicle where the headlights are, hovering over the front crosswalk line closest to the traffic, which is exactly where the collision took place. The bicyclist was also riding the wrong way on a one way street, while riding on the sidewalk, past a blind spot. Judging by how hard he hit my car, he must have been going a fast speed. Also, he would have had more time to spot me, than for me to spot him, because the front of my car where the headlights are, extends a certain distance from where my face is as the driver, so I cannot see what the front of my car sees. However, he should have been able to see the front of my car, and what it was doing, which gave him an advantage of noticing me before I could notice him.
My car insurance company settled in paying about $15,000 for hospital bills for the other party. He probably just spent a day at the Emergency Room, and he is probably fine. My car insurance jumped my rate up from about $78 a month up to about $250 a month, because I am now deemed a "higher risk". I am past the deadline to appeal my car insurance company's decision on this case. I am considering disputing my car insurance company's decision in court.
Aren't bicyclists bound to the same laws as motorists? The bicyclist was breaking every law a bicyclist could break. He was riding in the wrong direction on a one-way street, on the sidewalk. He was riding behind a blind spot, right up on a driver. If he obeyed the bicyclist laws, the accident would have never occurred. Of course, the person at my car insurance company who judged me at fault for this says there is no proof that this accident would have never occurred, even if the bicyclist followed all the bicycle laws.
Does anyone think I have a case in reversing my car insurance company's decision on who is at fault, through court if need be?
Thank you.
I was involved in an accident that occurred earlier this year. I was in a vehicle, and the other party was on a bicycle. I was facing an intersection, to which I had a stop sign. In front of me was a one way street going from left to right. I was trying to go straight, through the intersection. I could see the traffic coming from my left side clearly, for there was nothing blocking it. On my right side, there was a tall, long rectangular shaped, and thick wall-like bush that created a big blind spot, to where I could not see anybody or anything coming from that side, and I was not expecting any vehicle or bicycle coming from that direction, since it would have been going against the flow of traffic on the left to right one way street.
I stop at the intersection, see nothing on my right but the big blind spot blocking my view. I inch forward, with my car moving into the crosswalk. As I get closer to the section of the one way street where traffic drives on, I keep my eyes on the left side to make sure no car will hit me in crossing the one way street. During this time, I hear a big thump on the front of my car, and a bicyclist rolls onto the hood of my vehicle, and then rolls off. A collision occurred.
At first the bicyclist said he was fine, and was not injured. He just wanted $80 to get his bike fixed, and he would be satisfied. I told him that I could get him the money later, and that I did not have the money at that time. He said okay. I gave him my phone number and car insurance information. I called him later to give him his money, and he said he was greatly injured, and on his way to the hospital in an ambulance.
The injury turned out not to be serious, soft tissue damage. My car insurance company judged me at fault, because I was driving a car, and the other party was on a bicycle, and I had a stop sign to which I should have yielded for the other party.
Keep in mind that for me to "just barely" see past the blind spot on my right side, to see what was coming down from that sidewalk, my vehicle had to be 100% hovering over the crosswalk in its entirety, with the front of my vehicle where the headlights are, hovering over the front crosswalk line closest to the traffic, which is exactly where the collision took place. The bicyclist was also riding the wrong way on a one way street, while riding on the sidewalk, past a blind spot. Judging by how hard he hit my car, he must have been going a fast speed. Also, he would have had more time to spot me, than for me to spot him, because the front of my car where the headlights are, extends a certain distance from where my face is as the driver, so I cannot see what the front of my car sees. However, he should have been able to see the front of my car, and what it was doing, which gave him an advantage of noticing me before I could notice him.
My car insurance company settled in paying about $15,000 for hospital bills for the other party. He probably just spent a day at the Emergency Room, and he is probably fine. My car insurance jumped my rate up from about $78 a month up to about $250 a month, because I am now deemed a "higher risk". I am past the deadline to appeal my car insurance company's decision on this case. I am considering disputing my car insurance company's decision in court.
Aren't bicyclists bound to the same laws as motorists? The bicyclist was breaking every law a bicyclist could break. He was riding in the wrong direction on a one-way street, on the sidewalk. He was riding behind a blind spot, right up on a driver. If he obeyed the bicyclist laws, the accident would have never occurred. Of course, the person at my car insurance company who judged me at fault for this says there is no proof that this accident would have never occurred, even if the bicyclist followed all the bicycle laws.
Does anyone think I have a case in reversing my car insurance company's decision on who is at fault, through court if need be?
Thank you.
Traffic Accidents: Car / Bicycle Collision
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