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Bike/bike accident - responsibility and lessons learned?

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Old 09-14-13, 01:45 AM
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drat_bklyn
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Bike/bike accident - responsibility and lessons learned?

After a few close calls, I had my first accident that sent me to the pavement today. No one hurt, other than a couple of scrapes, no damage other than few scratches and dings, and no one else involved - both cyclists rode away, so not bad as accidents go. But as all close calls do, it got me thinking, and despite quite a bit of web searching, I didn't find the answer to the questions that I'm asking myself, so I figured I'd post and see what others think.

NYC, Christie street, heading south towards the manhattan bridge. 6:30-7:00pm, so lots of car and bike traffic.

I'm riding in the driving lane, having emerged from a group of cyclists coming off a light and ahead of any cars. There's a cyclist ahead and to the right. As I recall (memory is never as reliable as you'd like it to be coming off of an accident), he's in the hatched zone between the bike and driving lanes moving a bit (but not a lot) slower than I. As I pull almost even, he yanks hard to the left to clear a ups van parked in the bike lane, hits me, and we both go down. His movement is so quick that I have zero reaction time.

After we both ask if the other is ok and get off the roadway (lots of bikes and cars bearing down), he says testily "you gotta speak up when you're passing". I agree. What I don't say and end up replaying in my mind is, "yeah, but you gotta look out where you're going!"

I think we're both in the wrong here. Me for passing close and not making him aware; him for not looking. But I think that he's a lot more in the wrong - I'm riding a straight line, following the rules of the road but not obeying etiquette; he breaks the rules of the road and veers into my lane without looking, and hits me. Really, if I were a car, he'd be on the hood.

So here are the lessons that I'm taking away:

Gotta speak up more - firmer, louder, and more frequently. My commute from brooklyn to manhattan is 15mi RT. Let's say I pass 100 cyclists a day (not unreasonable, many of which are double/triple passes). I say "passing on the left/right" to 10-15 of them on average. Most days I feel like there are another 5 people that I should have notified - it feels too close when I pass. When I do notify, I tend to say it in a speaking voice, with "left" timed so that I say it when I'm right beside my passee. Though I speak more than most, I should probably at least double my frequency (there is no reason to fool myself into thinking that I will notify all of them), and speak sooner and louder.

Gotta be more defensive around erratic cyclists, as well as erratic cars and peds. Anyone who's riding NYC streets these days knows that there are lots of erratic cars, pedestrians, and cyclists out there. This guy was riding a fancy bike (and probably expected to be going faster than everyone else), so he's different than your average erratic citi-biker, but erratic nonetheless. More buffer space. More reaction time.

Probably need to slow down a bit. As my 2 year old was helping me put band-aids on my road rash, my biggest take away is that I need to make sure that I get home every day in one piece.

It's really his testiness and my lack of response that bug me here. He seemed sure that he was in the right, and I really don't think so. I'm posting to get others thoughts, but also because it's cathartic to write this down, and I've decided that I'm too much of a lurker on this site - gotta join the conversation.
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Old 09-14-13, 03:41 AM
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What I see from your description is both, you n' he being wrong on one point not clearly responded to by either one. It is the situation of a vehicle stopped in the bike lane, while traffic is going by at speed. While I 'take the lane' and don't ride in bike lanes. When I do encounter a motorist that has suddenly stopped in the traffic lane and put on their hazard lights, I put on my brakes and stop. Because the traffic in the inner lane will still be moving at speed(and will more than likely be trying to speed past me because of their own prejudices about cyclists') and it would not be a good idea to suddenly try to change lanes suddenly.

Translation-While you should have been acutely aware that he was going to have to change lanes to pass the UPS truck. He should have been acutely aware, that be it cyclist or motorist, he shouldn't make a move like that, unless he is well enough ahead of traffic, in order the get ahead of the oncoming traffic behind him so he doesn't get clobbered for not being fast enough.

I realize we are talking NYC to the island of Manhattan, but traffic in the D.C.-Metro region is no better. Maybe even worse.

An example of what I am referring to is, I regularly have to get on a six-lane 40mph road during the mid -day rush. I have to make a left turn, two miles after going through a major intersection. In those two miles, I have to go through two traffic lights going over a hill to meet with ground level of the interstate exit. After I go through the green light at the interstate exit, I get in the highest gear, along with gravity and get far enough ahead of the traffic in the other two lanes so I can get in the left-turn lane. If that is not possible, I will make a right-turn at the same light, go about a 1/4 to 1/2 mile where the traffic isn't heavy, make a u-turn, then go back to the traffic light and proceed straight, when it goes green.
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Old 09-14-13, 06:26 AM
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You talk about responsibilities...

But the only thing I really do care is not to crash.

You are right, he SHOULD have looked back, but he didn't.
All accidents occur when someone decides NOT to follow the rules.

I 've learnt that you must NEVER trust anything moving around you! (including pedestrians, dogs etc)

Each time I ride in the city I try to be prepared to avoid the one that will try to kill me...
It's worse than a jungle out there.

And guess...

Cyclist are the weakest...
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Old 09-14-13, 06:49 AM
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He should have looked or had a mirror, but you could have been thinking "I bet he's not planning on riding into this UPS truck." and left more room too.
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Old 09-14-13, 07:04 AM
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If he was not in the lane and outside of the lane lines, failure to yield during a lane change to traffic already in the lane. You, however, also have a duty to avoid a collision. If the situation happened as you described I doubt you had any legal obligation, but there is a moral obligation. And even if your an amoral person I'm sure you still care about your own skin.

FYI for all readers of this thread if you weren't already aware of this very simple and basic rule of the road and couldn't figure out legal fault on this one in an instant. Then you really have something to really think about and consider if your a cyclist who shoulder edge rides to the right of the white fog line sometimes and sometimes rides in the main lane either by choice or necessity, ever time you cross that line from the shoulder edge over into the main (or bike) lane you are performing a lane change maneuver and like any other lane change maneuver are required to look to the side and back and reasonably yield to traffic already in the lane, a lot of cyclist get hit by cars this way swerving out into the main lane from the side and then either they or their survivors get upset when the car driver is not charged with anything. If you as a cyclist (or any other vehicle operator for that matter) decide to dart or swerve across the line(s) of a roadway with lane markings and the vehicle already in that lane can't slow or stop in time to avoid hitting you because you failed to yield to them already in that lane and did it so closely they couldn't avoid the collision then your 100% at fault. No audible or visual signal is required by them to let you know they are there, instead its your responsibility to look and yield when performing a lane change including entry into a lane from the far right side outside of the main marked travel lane(s).

Only when a bicycle is being legally ridden on the sidewalks instead of on the roads under pedestrian rules instead of vehicular rules are cyclist required to give audible signal before passing. Even then they are only required to give such audible signal before passing to pedestrians not other cyclists and there also isn't any lane markings on sidewalks either.

It's a basic road rule: When changing or entering a marked travel lane, unless official traffic control devices indicate otherwise, always reasonably yield to traffic already in the lane. Very simple rule, not hard at all to understand, yet edge riding cyclists entering the main traffic lane(s) for one reason or another are killed all the time for failing to follow that rule. The cyclist in question is lucky it was another cyclists that hit him not a car when he chose to violate that rule of the road. If you doesn't learn and continues his dangerous habit sooner or later it will be a car or truck that hits him when he does it.

Last edited by turbo1889; 09-14-13 at 07:19 AM.
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Old 09-14-13, 07:05 AM
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Is should clarify - the ups van didn't stop suddenly, it was parked with the driver out making pickups (the hazards were not on).

You've all hit on an important point - in writing this out, I can't figure out why I didn't acknowledge the ups van, recognize that the cyclist was going to merge into my lane to get around it, and give him more space to do so. It's what I should have expected. My best guess is that I misjudged the speed and thought that I would clear him before he had to get in my lane to go around the van. I'm sure that I expected him to be as defensive as I am whenever I'm moving laterally (I always peek over my should when moving left or right - whether I'm moving within a lane or from lane to lane - I never know where a car or cyclist is going to be). This goes back to my lessons learned. #2 be more defensive. #3 slow down a bit. I should have slowed to his pace so that he could make the move around the ups van in front of me rather than behind me. I should have simply been more courteous.

NYC traffic is interesting - it's not worse, it's just different. This type of situation is everywhere. And people (drivers, cyclists, pedestrians) don't stop, they flow around. The double parked car is tight up against the parking lane, taking about half the driving lane. The cars in that lane don't stop, they squeeze over into part of the second lane. The cars in the second lane squeeze over the yellow line. Oncoming traffic squeezes over as well. This is whyI'm always checking my shoulder. I don't expect the lanes to be sacred. This is also my wife panics when driving in the city. When confronted with this, she slows rather than squeezes. Then you're stopped with traffic flowing around you and you can't get going again without putting yourself in more danger than if you had flowed. I'm always saying "drive with conviction, but drive soft". This is also why New Yorkers don't know what to do when they're walking out of the city and a driver stops to let them cross. We time our city walking so that the car passes and they cross behind. Stopping in traffic just doesn't make sense to us.

Those who say that NYC driving is anarchy are wrong. It s just a different set of rules - it's not simple rules of the road, it's fluid dynamics.

Last edited by drat_bklyn; 09-14-13 at 07:09 AM.
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Old 09-14-13, 07:20 AM
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Main mistake you made is to pass so closely that a predictable movement-his jerking to the left to avoid a van-wrecked you.

How did you miss seeing the van early enough to NOT be surprised by his movement?

I kinda doubt that your yelling-giving him a heads up- would have done the trick. He probably was focusing on the van-and wouldn't have even been aware of your heads up.

Yeah-the "heads up yells" bike riders seem to put such store in-
are fine for bike lanes multi use lanes
BUT in real Traffic-cars, parked vehicles, pedestrians- the heads up calls lost in the background-or worse startle the target into doing something "bad"
Heads up assumes too much
Just assume the worst-
if you do a heads up call-do it early enough so you can actually SEE that he got it-some sort of response

Well you learned a not too tough lesson-glad no serious injuries.
And yes-the other guy screwed up big time also-lucky you weren't a car.
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Old 09-14-13, 10:03 AM
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Originally Posted by drat_bklyn
Is should clarify - the ups van didn't stop suddenly, it was parked with the driver out making pickups (the hazards were not on).

You've all hit on an important point - in writing this out, I can't figure out why I didn't acknowledge the ups van, recognize that the cyclist was going to merge into my lane to get around it, and give him more space to do so. It's what I should have expected. My best guess is that I misjudged the speed and thought that I would clear him before he had to get in my lane to go around the van. I'm sure that I expected him to be as defensive as I am whenever I'm moving laterally (I always peek over my should when moving left or right - whether I'm moving within a lane or from lane to lane - I never know where a car or cyclist is going to be). This goes back to my lessons learned. #2 be more defensive. #3 slow down a bit. I should have slowed to his pace so that he could make the move around the ups van in front of me rather than behind me. I should have simply been more courteous.

NYC traffic is interesting - it's not worse, it's just different. This type of situation is everywhere. And people (drivers, cyclists, pedestrians) don't stop, they flow around. The double parked car is tight up against the parking lane, taking about half the driving lane. The cars in that lane don't stop, they squeeze over into part of the second lane. The cars in the second lane squeeze over the yellow line. Oncoming traffic squeezes over as well. This is whyI'm always checking my shoulder. I don't expect the lanes to be sacred. This is also my wife panics when driving in the city. When confronted with this, she slows rather than squeezes. Then you're stopped with traffic flowing around you and you can't get going again without putting yourself in more danger than if you had flowed. I'm always saying "drive with conviction, but drive soft". This is also why New Yorkers don't know what to do when they're walking out of the city and a driver stops to let them cross. We time our city walking so that the car passes and they cross behind. Stopping in traffic just doesn't make sense to us.

Those who say that NYC driving is anarchy are wrong. It s just a different set of rules - it's not simple rules of the road, it's fluid dynamics.
I don't know how long you've been riding in NYC but you learned a really important lesson and summed up the concept really well with this post.

Your ride sounds like the reverse of the ride I did all spring into the early summer- W. 88th to BAM in Brooklyn and back. Because I was mostly commuting to work at night I would hit Christie Street at roughly the time you specified in your OP.

That was the toughest stretch of my commute, the road surface is poor, almost greasy slippery in places as well, unloading vehicles, jay walking pedestrians and a logjam of cyclists making for the Manhattan Bridge. I'm a fairly strong rider, ride a straight line and like to move along and was often frustrated by slower moving cyclists who had a more "slow weaving style" of negotiating that stretch.

I might have had a close call or two on Christie Street before I slowed it down a bit, gave really wide berth on my passes and just plain took my time getting to the bridge.

If you haven't read it I suggest you pick up a copy of Robert Hurst's "The Art of Urban Cycling". He's an occasional poster here on BF, has a well written, entertaining and informative website and has some really terrific suggestions as to how to ride the "fluid dynamics" of urban cycling.

Do you have a bell on your bike? I finesse my bell ringing to light, "just passing by" sounds to "WATCH IT!" alarms and a whole range in between. It seems to help.

Good luck! When back in NYC maybe I'll run into you on Christie Street- oops, poor choice of words!- or not!

Last edited by buzzman; 09-14-13 at 10:11 AM.
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Old 09-14-13, 10:42 AM
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Originally Posted by drat_bklyn
Those who say that NYC driving is anarchy are wrong. It s just a different set of rules - it's not simple rules of the road, it's fluid dynamics.
I'm in the city daily on foot, but haven't cycled in traffic there. I always wonder what it would be like...it's such a fluid pattern.

On my motorcycle I never considered riding up there until a friend from Brooklyn talked me into it. Oddly it felt safer in Manhattan than it does down here in the NJ burbs. The traffic is slower overall and oddly more predictable in a way that you just know things will be random and crazy and your mental state is ready for it. On the motorcycle you have mobility that allows you to fluidly avoid things...if your riding skills are up for it.

In suburbia it's easy at 45mph to think "no...they couldn't possibly pull out, I'm the only thing on the road and there's nobody behind me for a mile". Of course they often do. In Manhattan you pretty much expect anything to happen.
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Old 09-14-13, 10:52 AM
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Originally Posted by drat_bklyn

As I pull almost even, he yanks hard to the left to clear a ups van parked in the bike lane, hits me, .
Here's the key to an important lesson you didn't mention. You have to maintain situational awareness at all times and ride not only your bike but (mentally) those around you, factoring what you might do if you were those riders.

The UPS van was visible to you, and had you considered the forward rider's options, you could have predicted his move to the left. This is the key to survival in traffic; good Preflexes, or the ability to react to events before they happen. Nobody's reflexes are ever fast enough, you need to observe, track and anticipate.

BTW- the same rules applies to riding among cars, trucks, buses and pedestrians. If you see a taxi cab to your left, and a person hailing a cab 50 yards up on your right, be ready for the cab to cut you off as he tries to pick up a fare. This basic concept is taught in every defensive driving class. The usual example is a ball bouncing out into the street between two parked cars --- expect a running child to follow.
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Old 09-14-13, 11:13 AM
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I haven't read every word in OP's post as it's too long, but re potential accidents between bikes:

I've had a few close calls with other cyclists on bike path when a cyclist silently sneaked up to pass me on the right when there was barely enough room for anyone to pass (but in fact much more room to pass me on my left), let alone without alert. How could they know that I would not move into their way just as they were passing me?
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Old 09-14-13, 11:23 AM
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Originally Posted by drat_bklyn
I can't figure out why I didn't acknowledge the ups van, recognize that the cyclist was going to merge into my lane to get around it, and give him more space to do so. It's what I should have expected.
Sometimes it's tough with all of the things going on in one's mind when riding in traffic. I have to keep reminding myself to anticipate possible hazardous situations and prepare for them.

Glad your adventure was not more severe.
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Old 09-14-13, 11:30 AM
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What I've learned from many posts by FBinNY is that when on the road, be aware of everything nearby, not just those immediately next to you---for there could be chain reactions---and to be prepared for every possible scenarios in the given circumstance, rather than sticking to the thought about what others are supposed to do. Many don't do what they are supposed to do, and blaming them for their carelessness is not going to help you when you are already in the situation.

Last edited by vol; 09-14-13 at 11:33 AM.
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Old 09-14-13, 12:06 PM
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I will rarely if ever pass anyone without getting acknowledgment that they know I'm passing them. Far too many times I have veered to the side quickly to avoid this or that and done so without time to check in back of me and I -do- expect anyone passing to make their presence known. While it's always better to check to the side before moving from your "lane", particularly in traffic, the person toward the front isn't even aware there is a potential problem. The person overtaking, however, knows it is a "situation" and therefore I tend to say the person over taking has more responsibility for taking control of the situation since he/she is the only one who actually knows there is a "situation".
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Old 09-14-13, 01:52 PM
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OP - you should have told the other cyclist he was lucky you weren't a car.

IMO this was the other cyclist's "fault", but you still could have anticipated he'd be changing lanes.
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Old 09-14-13, 02:05 PM
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Originally Posted by achoo
OP - you should have told the other cyclist he was lucky you weren't a car.

IMO this was the other cyclist's "fault", but you still could have anticipated he'd be changing lanes.
One problem with bike lanes is that they foster bike lane mentality. People feel safe in bike lanes and ride differently than they would on roads. The same rider who wouldn't swing out to pass on the road without looking will often do so in bike lanes. Likewise folks who spend most of their rime riding in bike lanes often don't learn the basics of riding in the outside world.

Decades ago when they first opened the Central Park roadway for the exclusive use of bicyclists, I celebrated and thought it was a great thing that I wouldn't have to share it with cars. It took only a short while for me to wish the cars were back because the cyclists were too dangerous. All in all, I've come to the conclusion that I'd almost rather ride in auto traffic than bike traffic because cars tend to be more predictable. Of course it varies with conditions, but riding among bicycles isn't nearly as safe as one might imagine.
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Old 09-19-13, 01:06 PM
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Originally Posted by drat_bklyn
. . . Those who say that NYC driving is anarchy are wrong. It s just a different set of rules - it's not simple rules of the road, it's fluid dynamics.
+1

I'm good at urban cycling but stand in awe of the garden variety NYC cyclist.
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Old 09-20-13, 11:24 AM
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Originally Posted by turbo1889
FYI for all readers of this thread if you weren't already aware of this very simple and basic rule of the road and couldn't figure out legal fault on this one in an instant.
Word.

Obviously the OP should have biked more courteously but the legal fault is ENTIRELY with the doofus who changed lanes abruptly without looking to see if the way is clear.
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Old 09-20-13, 12:11 PM
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The only time I assume someone will follow their line is in a group ride, and then only if it's experienced riders. Otherwise, I yell "on your left!", unless I can pass with a minimum of 3 feet of clearance between us.
Avoiding accidents, whether driving or cycling, is 1/2 luck and 1/2 defensive driving/riding. That's one of the reasons teenagers have such a high accident rate -- they lack experience, and therefore can't anticipate what other drivers are going to do, so it's impossible for them to drive defensively. Same is true of cyclists. Bad luck may get you, no matter who you are. But you avoid most accidents by assuming the worst about others on the road and having an exit plan if that happens.
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Old 09-20-13, 12:21 PM
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Got bell? I ring mine all time on the bike paths.
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Old 09-20-13, 12:21 PM
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Probably more his fault technically, but you should have been aware of the UPS truck situation a block a head of time. Passing him right at the UPS truck screams aggression or obliviousness to me. Always scan ahead of you and attempt to anticipate what's gonna happen.
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Old 09-20-13, 12:28 PM
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We ALL knew who was LEGALLY at fault-changing lanes you are responsible for doing that safely.
But bike crashes on busy streets- LEGAL fault hardly matters
The old joke-"Right Yeah Dead Right" comes to mind
Better just assume EVERYONE else will screw up

Not looking before lane changing-what the guy at fault did-was completely predictable- EXTREMELY COMMON
Just notice how many drivers DON'T signal lane changes-maybe 80%-
people are dumb ,discourteous, dangerous, drunk ,drugged
Just expect the worst
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Old 09-20-13, 12:55 PM
  #23  
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Originally Posted by spare_wheel
...the legal fault is ENTIRELY with the doofus who changed lanes abruptly without looking to see if the way is clear.
Originally Posted by turbo1889
...FYI for all readers of this thread if you weren't already aware of this very simple and basic rule of the road and couldn't figure out legal fault on this one in an instant... Only when a bicycle is being legally ridden on the sidewalks instead of on the roads under pedestrian rules instead of vehicular rules are cyclist required to give audible signal before passing. Even then they are only required to give such audible signal before passing to pedestrians not other cyclists and there also isn't any lane markings on sidewalks either.
I can only speak about the law where I live, so YMMV. In Michigan the law states that any time you change direction you must signal, whether audible or visual. Passing someone is considered to be a change of direction, so here if you are going to pass you are required to signal in some way. This is why so many cars have "flash to pass" lighting. So the OP legally should have signaled his intent to pass. Changing lanes is also considered a change in direction, so the other guy should have signaled as well if he did indeed "change lanes". Regarding the argument that he wasn't legally in the lane, I think you'd have real trouble getting any traction if it were in court, since it is at best a "he-said/she-said" about where the other guy was in the lane, and there is no verifiable indication that he actually changed lanes. I realize nothing was said about going to court, just using that as an example.

But the blame game is really pointless, unless you are filing an insurance claim or police report. You can only control your own actions. So the only meaningful question in a situation like this is "What could I have done differently?" Sounds like OP is asking that, so that's good. Thinking about what the other guy did can't really go any farther than "I wish other people weren't such idiots." Which I am fully on board with, but recognize the futility.
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Old 09-20-13, 01:03 PM
  #24  
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Originally Posted by turbo1889
If he was not in the lane and outside of the lane lines, failure to yield during a lane change to traffic already in the lane. You, however, also have a duty to avoid a collision. If the situation happened as you described I doubt you had any legal obligation, but there is a moral obligation. And even if your an amoral person I'm sure you still care about your own skin.

FYI for all readers of this thread if you weren't already aware of this very simple and basic rule of the road and couldn't figure out legal fault on this one in an instant. Then you really have something to really think about and consider if your a cyclist who shoulder edge rides to the right of the white fog line sometimes and sometimes rides in the main lane either by choice or necessity, ever time you cross that line from the shoulder edge over into the main (or bike) lane you are performing a lane change maneuver and like any other lane change maneuver are required to look to the side and back and reasonably yield to traffic already in the lane, a lot of cyclist get hit by cars this way swerving out into the main lane from the side and then either they or their survivors get upset when the car driver is not charged with anything. If you as a cyclist (or any other vehicle operator for that matter) decide to dart or swerve across the line(s) of a roadway with lane markings and the vehicle already in that lane can't slow or stop in time to avoid hitting you because you failed to yield to them already in that lane and did it so closely they couldn't avoid the collision then your 100% at fault. No audible or visual signal is required by them to let you know they are there, instead its your responsibility to look and yield when performing a lane change including entry into a lane from the far right side outside of the main marked travel lane(s).

Only when a bicycle is being legally ridden on the sidewalks instead of on the roads under pedestrian rules instead of vehicular rules are cyclist required to give audible signal before passing. Even then they are only required to give such audible signal before passing to pedestrians not other cyclists and there also isn't any lane markings on sidewalks either.

It's a basic road rule: When changing or entering a marked travel lane, unless official traffic control devices indicate otherwise, always reasonably yield to traffic already in the lane. Very simple rule, not hard at all to understand, yet edge riding cyclists entering the main traffic lane(s) for one reason or another are killed all the time for failing to follow that rule. The cyclist in question is lucky it was another cyclists that hit him not a car when he chose to violate that rule of the road. If you doesn't learn and continues his dangerous habit sooner or later it will be a car or truck that hits him when he does it.
Interesting post but 99% of what you have written has absolutely no application whatsoever to the stretch of road that the OP was riding. Christie street through Chinatown to the Manhattan bridge is it's own little special world.

Yet another post that exemplifies why we should take all internet advice with large grains of road salt.
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Old 09-20-13, 01:13 PM
  #25  
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Originally Posted by rebel1916
Probably more his fault technically, but you should have been aware of the UPS truck situation a block a head of time. Passing him right at the UPS truck screams aggression or obliviousness to me. Always scan ahead of you and attempt to anticipate what's gonna happen.
+1

OP, glad neither of you were hurt. Your youngster will want you to be around as he grows up.

I learned something a long time ago that has really served me well. I drive a lot. My cars, bicycles, and motorcycles. Easily 30,000 miles a year.

What I learned is that I need to watch closely the car/bike/etc. ahead of the car/bike/etc. in front of me. What that person does will affect what the person directly in front of me does. And, while doing so, I also need to have an out. In motorcycle safety classes, they call it "situational awareness". If you were aware of your environment, you would have noticed the UPS truck in the bike lane, and the bike in front of you would have to make a quick maneuver to avoid it. Knowing that, you could have done something yourself to avoid your collision, (e.g., go wide, slow down, speed up).

Remember . . . situational awareness.
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