Posted by NCWayne on June 26, 2010 at 14:43:36 from (166.82.79.195):
In Reply to: Tractor right of way posted by muckfarmer on June 26, 2010 at 12:46:22:
Like a woman I heard on the radio some years back stated when asked about the bike situation around here, 'If I'm riding in my car, with my children, and I go around a curve at the legal limit to and find a bike or group of bikes in my lane such that I can't slow down before I hit them, a car coming at me from the other direction, and a deep ditch on my side.....who do you think I'm going to take out?' Got a customer in Chapel Hill, NC which is a BAD area for bicyclists that hit one some years back with the corner of the blade on the dozer he was hauling. In his situation he had just crossed the top of a hill and headed down the other side when he saw the guy on the bike. Knowing there was no way he could slow down enough before he got to the guy he sounded the air horn to warn the guy that he was being overtaken. Like an idiot he said the guy actually moved further into the road instead of off onto the shoulder. So he moved over trying to miss the guy and just as he thought he was past a car came around the curve at the bottom of the hill so there was really nothing to do but get it all back in the right lane and pray. He said as he moved back over he thought he had squeeked by the idiot on the bike until he looked into the mirror and saw the guy tumbling off of his bike on the road....lucky he didn't go under the trailer tires..... The bikers lawyers tried pulling crap out of their hats to convict my customer of something related to motor vehicles but when countered that they wanted to see the registration, tag, insurance, etc for the bike so they could file charges against that guy for knowingly creating a slow moving hazard his lawyers suddenly decided it wasn't worth pursuing. Hopefully the idiot on the bike learned his lesson better than the one that pulled out in front of me in my 32,000 lb plus service truck at the bottom of a hill. I just missed him........
All that said in most cases I'ver always heard that if you run off of the road to 'avoid' an accident then any damages done automatically become your responsibility whereas if you stay on the road and in your legal lane and go ahead and let the idiot cause the accient then it's their fault. Even then I often wonder since bikes have no insurance who is responsible for any expenses created in an accident caused by the rider doing something stupid since they aren't required to have insurance like other vehicles do but expect the same rights and rights of way as those of us paying for them.......
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