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Re: Driving Pet Peeves

In article <dooshDA9ux1.1uF@netcom.com> doosh@netcom.com (Tom Holub) writes:
>In article <3rs0h2$ik4@park.rdcs.kodak.com>,
>KP <batten@newsserver.rdcs.Kodak.COM> wrote:
>)In article <3rq805$o78@gap.cco.caltech.edu> bradley@seismo.gps.caltech.edu (Brad Woods) writes:
>)
>)guess who gets to pay the medical bills.
>
>The bicyclist, or rather, his insurance company, if any.

  Not if they bicyclist is treated as a pedestrian.. please see below 
>
>) Guess who stands the chance of getting
>)sued...
>
>If you are not at fault, you cannot be successfully sued.

  Never assume that. My brother was stopped behind a lady at a stop sign,
she had pulled to far ahead, put the car in reverse and slammed into him.
Lots of folks reported just that, minor damage to both cars, and everyone
walked away. Almost a year to the date he was informed that she was sueing
him (so was her husband since she could no longer perform in bed for him
as a result of this tramatic accident). Don't know how it turned out for 
the poor husband, but fortunately for my brother he was on company business
in a company car. Their insurance paid out.. even though it was not by 
brothers fault.

>
>)  I'm not saying this is gosple in all states, but.. from what I've been told,
>)while a biker is to be treated like any other vehicle on the road, when they
>)are in an accident they are treated as a pedistian.
>
>This is not true.
  
  I can only go by what I am told, perhaps it is not true, I don't care to
put myself in the position to find out. I would also prefer I don't be PUT
in the position to find out.

>
>) From personal experience
>)I know what our state says about auto vs. pedistrian accidents, even when 
>)as stated above EVERY one says there was no way possible for the auto to avoid
>)the accident and it was 100% the pedestrians fault.
>
>This is also not true; in fact it's contradicted even in the vehicle code.
>See 21950(b):

  Which state is this code from please?

>
>21950.  (a) The driver of a vehicle shall yield the right-of-way to
>a pedestrian crossing the roadway within any marked crosswalk or
>within any unmarked crosswalk at an intersection, except as otherwise
>provided in this chapter.
>   (b) The provisions of this section shall not relieve a pedestrian
>from the duty of using due care for his or her safety.  No pedestrian
>shall suddenly leave a curb or other place of safety and walk or run
>into the path of a vehicle which is so close as to constitute an
>immediate hazard.  No pedestrian shall unnecessarily stop or delay
>traffic while in a marked or unmarked crosswalk.

  This does not entirely address what I was talking about, actually after 
reading it over a few times I do not see where it addresses any of what 
I've said. While it does say what vehicles and pedistrians must do, it does
not say what they can do about it after the fact.

  alas, you seem more prepared with section codes and all that, however...

Oct. 30, 1993 I was heading East on a major road, a city bus was parked
facing West. Just as I got parallel to its rear bumper a 14 year old boy
jumped out from behind it and landed directly in front of my van just left
of center. Fortunately for him I was not in a hurry and was well below the
speed limit, he got hurt, but nothing as serious as broken bones.. did a good
number on the front end of my van however.

  The bus driver was watching through his side mirror, the boys sister was 
watching from inside the bus, and the cars coming in the opposite direction
saw it as well. Without hesitation, every person said there was nothing I
could do, there was no room or time to move towards the right and away from
him, there was NO time for me to attempt to come to a stop before hitting
him. The police did all their measurements and concluded that I was well
within the posted speed limit.

  Next thing I know my insurance rates go up. I try to fight it, but NY
state law says that in a vehicle/pedestrian accident, regardless as to who
is at fault the vehicles insurance must handle the medical bills. Also,
the insurance company can (and does) raise your rates as a result (its not
the same as an act of nature when a deer runs out in front of you).
It was also suggested by my lawyer that I sue the child and his parents to
recoup the damages to my car. He doubted that we would win, but felt by
us starting an action it may help offset anything the kids family could 
eventually come after us with. We opted not to follow this advice, but
have held our breath ever since.

  As I said Tom, I do not have the section codes that cover this, but do 
know regardless what 21950 says is the responsibilty of the pedestrian,
there is a law out there that says what the responsibility of the driver
is if the pedestirian does not obey 29150.

> -Tom

- jim
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