On Sun, Jan 24, 2010 at 07:25, Gary <g...@worldcyclotour.com> wrote: > In my opinion from what I've learned - you may be at fault. Riding, > passing on the right through an intersection and not merging into the > lane with traffic where you probably should have been. There was no > bike lane marked and even if there was, given the circumstance, you > still should have merged into the proper lane with traffic and taken > your "turn" through the intersection.
Gary, Seems to me that as Tim commented, Jim was riding on the right side of the road, as the vehicle code requires, and thus using the road in a lawful manner; and the SUV turning left was under the obligation to turn left only when the way is clear of all oncoming traffic. The fact that they collided indicates that the SUV failed to make sure the way was clear. The fact that Jim might have been able to prevent this by riding differently does not mean he is at "fault". In Courtesy Gap collisions, it can be very difficult to see for both parties, so it doesn't seem right to point to the SUV and say their driving was necessarily negligent. But I don't see how the law can find it another way. Kind of like in a rear-end collision - the law is supposed to find the rear-ender always at fault (even if the car in front stopped suddenly without warning). James Black -- You received this message because you are subscribed to the Google Groups "RBW Owners Bunch" group. To post to this group, send email to rbw-owners-bu...@googlegroups.com. To unsubscribe from this group, send email to rbw-owners-bunch+unsubscr...@googlegroups.com. For more options, visit this group at http://groups.google.com/group/rbw-owners-bunch?hl=en.
