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  • 08-20-2013, 03:43 PM
    FOOD_MASTER

    Bicycle/Car Accident on Sidewalk. Who is at fault?

    New York State -- I was waiting to pull right onto a road from a parking lot controlled by a traffic light. I had a red light. But in NY you can make a right on red if you yield. Now, a bicyclist was traveling at a high rate of speed (15 MPH) on the sidewalk, in the opposite direction of traffic, and without a helmet. There was no accident, but if I pulled out and the bicyclist hit me, who would be responsible? As driving, I obeyed the law the yielding to traffic and the bicycle was breaking at least one law by riding on the sidewalk. I crept out just far enough to see sidewalk traffic. Could I be ticketed for failure to yield the right of way? Who would be at fault? another note-- it is this very situation as to why it is illegal to ride a bike on the sidewalk. Obviously if it was someone walking, I would have seen them, but it is very difficult or even impossible to see a bicyclist coming down the sidewalk at a high rate of speed.
    I get all kinds of answers ranging from 0% to 100% at fault. Most people say it is 50/50 negligence.
    Did I say that I "cars have the right of way over pedestrians in the cross walk or on the side walk" No wonder why you only have a 15% best answer rating.

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