Details of the incident:
Both the bicyclist and I were moving in the same direction on a two way street. He was in a bicycle lane. I passed him, and a little bit up the road I made a right turn into a driveway (I did signal). In the process of making the turn, the bicyclist collides into the front right panel of my car. In making the turn I was really under the impression that the bicyclist was nowhere near me - I guess I underestimated his speed.
After the collision, I stopped my car, apologized, and drove him to his house. (The front right tire was crooked, and he wouldn't have been able to get anywhere.) In the car we agreed that we were both at "fault" - he was in my blind spot, and he didn't catch my signal. In the car we agreed to split the damages. Just today I get this email from him:
<< I don't believe that I sustained any serious injuries from the crash on Friday (fortunate for both of us). The replacement cost of my wheel is going to add up to as much as $140 in addition to the damage to my handlebars which will contribute another 50 or so along with 20 for the handlebar tape. It is on sound legal advice, that the driver in this case bears all of the financial and legal responsibility. Cyclists and pedestrians always have the right of way; additionally if someone is to make a right turn (without slowing down) into a cyclist who's path remains the same it is clearly the driver who is at fault. As we were not at an intersection and as I was in bike lane I was observing all traffic laws by continuing forward. In making a blind right turn at speed at class change you clearly were not obeying traffic laws. Insurance may cover these costs if we fill out and accident report, or you can personally take responsibility for them. >>
I want to know if his statements are correct. At first, his jargon had me fooled, but as I recalled the incident, and also as I began to read some traffic laws, I began to think that maybe he was at fault. As per his statement that cyclists and pedestrians always have the right of way, I definitely disagree. I've been thoroughly dissecting the New York Traffic Laws and the Right of Way Laws don't mention anything about cyclists always having the right of way. There is also no mention of who has the right of way when making a right into a driveway that helps, only this:
<< Required position for turning at alley, driveway, private road or onto property off the roadway. The driver of a vehicle intending to turn from a roadway into an alley, driveway, private road or onto property off the roadway, shall approach the turn as follows: (a) Right turns. The approach for a right turn shall be made as close as practicable to the right-hand curb or edge of the roadway. >>
The closest thing that I found to be relevant to the situation is Section 1146:
<< S 1146. Drivers to exercise due care. Notwithstanding the provisions of any other law to the contrary, every driver of a vehicle shall exercise due care to avoid colliding with any bicyclist, pedestrian or domestic animal upon any roadway and shall give warning by sounding the horn when necessary. >>
I believe that, in signaling, I was exercising due care. He also claimed that I made the turn without slowing down. Firstly, I don't know whether he has a radar gun embedded in his bicyclist helmet, but how in the hell does he know whether or not I slowed down? Secondly, the turn into the driveway is fairly narrow, I had to have slowed down to at least 15mph to make a safe turn. And what exactly is a "blind right turn" and what does it have to do with this specific situation?
Finally, I didn't realize it at the time, but he did cause some damage to the car. Little scratches and a small dent. Does the fact that he agreed to split the damages affect the situation at all?
Also, just a little tidbit from my school's bike safety tips:
<< Make eye contact with motorists. Motorists often find it difficult to see bicyclists. Never assume they see you. If you're in doubt of a motorist's intentions, be prepared to yield. >>
Both the bicyclist and I were moving in the same direction on a two way street. He was in a bicycle lane. I passed him, and a little bit up the road I made a right turn into a driveway (I did signal). In the process of making the turn, the bicyclist collides into the front right panel of my car. In making the turn I was really under the impression that the bicyclist was nowhere near me - I guess I underestimated his speed.
After the collision, I stopped my car, apologized, and drove him to his house. (The front right tire was crooked, and he wouldn't have been able to get anywhere.) In the car we agreed that we were both at "fault" - he was in my blind spot, and he didn't catch my signal. In the car we agreed to split the damages. Just today I get this email from him:
<< I don't believe that I sustained any serious injuries from the crash on Friday (fortunate for both of us). The replacement cost of my wheel is going to add up to as much as $140 in addition to the damage to my handlebars which will contribute another 50 or so along with 20 for the handlebar tape. It is on sound legal advice, that the driver in this case bears all of the financial and legal responsibility. Cyclists and pedestrians always have the right of way; additionally if someone is to make a right turn (without slowing down) into a cyclist who's path remains the same it is clearly the driver who is at fault. As we were not at an intersection and as I was in bike lane I was observing all traffic laws by continuing forward. In making a blind right turn at speed at class change you clearly were not obeying traffic laws. Insurance may cover these costs if we fill out and accident report, or you can personally take responsibility for them. >>
I want to know if his statements are correct. At first, his jargon had me fooled, but as I recalled the incident, and also as I began to read some traffic laws, I began to think that maybe he was at fault. As per his statement that cyclists and pedestrians always have the right of way, I definitely disagree. I've been thoroughly dissecting the New York Traffic Laws and the Right of Way Laws don't mention anything about cyclists always having the right of way. There is also no mention of who has the right of way when making a right into a driveway that helps, only this:
<< Required position for turning at alley, driveway, private road or onto property off the roadway. The driver of a vehicle intending to turn from a roadway into an alley, driveway, private road or onto property off the roadway, shall approach the turn as follows: (a) Right turns. The approach for a right turn shall be made as close as practicable to the right-hand curb or edge of the roadway. >>
The closest thing that I found to be relevant to the situation is Section 1146:
<< S 1146. Drivers to exercise due care. Notwithstanding the provisions of any other law to the contrary, every driver of a vehicle shall exercise due care to avoid colliding with any bicyclist, pedestrian or domestic animal upon any roadway and shall give warning by sounding the horn when necessary. >>
I believe that, in signaling, I was exercising due care. He also claimed that I made the turn without slowing down. Firstly, I don't know whether he has a radar gun embedded in his bicyclist helmet, but how in the hell does he know whether or not I slowed down? Secondly, the turn into the driveway is fairly narrow, I had to have slowed down to at least 15mph to make a safe turn. And what exactly is a "blind right turn" and what does it have to do with this specific situation?
Finally, I didn't realize it at the time, but he did cause some damage to the car. Little scratches and a small dent. Does the fact that he agreed to split the damages affect the situation at all?
Also, just a little tidbit from my school's bike safety tips:
<< Make eye contact with motorists. Motorists often find it difficult to see bicyclists. Never assume they see you. If you're in doubt of a motorist's intentions, be prepared to yield. >>
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