BIKE: Avoiding responsibility

[Michael Bluejay]

I received an inquiry through my personal website and here it is along 
with my response.  I tried to be as gentle as I could but how gentle 
can you be when someone won't see the obvious?

In hindsight maybe I should have submitted this to the list to see how 
you all would have responded.  Maybe we could have made a group reply.

---------------

On Mar 23, 2005, at 2:14 PM, sarah myers <sa_rahrah> wrote:

>
> Hi Michael,
>
> I found your email address when I was surfing the web
> for bike law information.  Last Saturday I was in a
> bike accident with a car.  I was headed down to Austin
> Music Hall on Nueces.  As I approached 17th st I
> noticed a car that didnt look like it was stopping at
> that stop sign so I slammed on my brakes, which caused
> me to slide into the front of her car.  My leg was
> obviously broken but I was worried about an ambulance
> and hospital bill since I dont have insurance.
> However, it was obviously not my fault since I did not
> have a stop sign while she did have one. So, I got in
> the ambulance and went to the hospital, where I later
> had to have a metal rod inserted into my tibia bone.
> Anyway, the cop showed up at the trauma room to tell
> me that I broke the law since I did not have a
> headlight on my bike but I told him that wasnt fair
> becasue she didnt stop at the stop sign.  I didnt have
> a stop sign.  Now I'm afraid that her insurance
> company wont pay.  Can you tell me what rights i have
> as a bicyclist that was injured by a car in an
> accident?
> Please let me know.
> Thank you,
> Sarah Myers


I'm sorry to hear about your injury.  I'm also afraid that I'm not a 
lawyer and I can't give legal advice.  Everything I could tell you is 
on my website at BicycleAustin >> Legal >> No Justice >> What to do if 
you're hit or harassed.  To preserve your rights I suggest you contact 
an attorney.

This statement of yours troubles me greatly:

> However, it was obviously not my fault since I did not
> have a stop sign while she did have one.

I'm at a loss as to how to respond to this, because it's as though you 
just said "Obviously three equals five."  That you believe something so 
far outside the bounds of normal logic leaves me confused as how to 
even begin to address that.  I would start by saying "Obviously," 
myself, except that I cannot do that because apparently what is obvious 
to me, and I think to everyone else, is not obvious to you.

There is no question that you were both at fault.  You both broke the 
law.  You both did things that were tremendously unsafe.  It is beyond 
belief that even as you sit there with a broken leg caused in part by 
your decision to be invisible to motor traffic you do not recognize 
your own culpability.  I'm perplexed that you believe that just because 
the motorist did something foolish, dangerous, and illegal, that 
somehow means that you didn't.

I'm sorry to be have to be so blunt, but I don't know any other way to 
put this.

I'm also sorry the bad decisions by both parties mean that you suffered 
a serious injury.  I hope you can learn from this experience, and be 
grateful that your injuries were not even more severe, or fatal.

Good luck with your case,

-MBJ-
http://michaelbluejay.com