A bicyclist and a semi are stopped at a red light. The bicyclist is in the bike lane and the semi is in the right lane preparing to make a right turn. The light turns green and semi ends up running over the bicylist who was in the trucks blind spot. Who's fault would it be?
My thought would be that since she was in the trucks blind spot the bicyclist would be at fault. However, in a classic right hook scenario the car would be at fault. I'm thinking it could also be both parties displaying negligence.
Originally Posted By osprey21:
"If You Can't See My Mirrors - I Can't See You"
That is exactly my thought on this issue. Wouldn't it fall upon who had the right of way? For example, say that the trucker was sitting there and then the bicyclist pulled up into the bike like in his blind spot, thus be the bicyclist's fault. Wouldn't it be the truckers fault if the biker was already in the bike lane and he pulled up, thus he would have been able to see her and know that she was there?
Semis fault. With a bike he would have been ahead of the semi or side by side where if the semi driver would have looked through his door he would have seen the bicycle. That is what those lower windows are for.
It depends.
Originally Posted By spqrzilla:
Are we doing someone's homework here?
No. My initial understanding was that it would depend upon right of way and her being in the blind spot. Upon further review of the ORS it appears that regardless of her being in the blind spot, he should have made sure that the blind spot was clear before taking the turn. Second, bicyclists always have the right of way in the bike lane.
Originally Posted By Chromekilla:
Originally Posted By spqrzilla:
Are we doing someone's homework here?
No. My initial understanding was that it would depend upon right of way and her being in the blind spot. Upon further review of the ORS it appears that regardless of her being in the blind spot, he should have made sure that the blind spot was clear before taking the turn. Second, bicyclists always have the right of way in the bike lane.
Som jurisdictions might restrict payout based on her partial fault...
The plaintiff's lawyer answer: Depends on whether juries in the jurisdiction tend to favor bicycle riders over big tractor trailer drivers who likely have large insurance policies.
