Originally Posted by
flangehead
For those of you in Texas: Though there is an effort underway to change the law (which I support), I understand that if you are riding on a crosswalk (as in this video) and are hit, the driver cannot be charged. They can only be charged if you are a pedestrian.
Dunno what the law is in CO.
Even if this happened in TX, it would still be a hit-and-run as there was failure to notify and render aid. (I had to look it up.)
From the Texas Transportation Code: SUBCHAPTER B. DUTIES FOLLOWING ACCIDENT Sec. 550.021. ACCIDENT INVOLVING PERSONAL INJURY OR DEATH.
(a) The operator of a vehicle involved in an accident that results or is reasonably likely to result in injury to or death of a person shall:
(1) immediately stop the vehicle at the scene of the accident or as close to the scene as possible;
(2) immediately return to the scene of the accident if the vehicle is not stopped at the scene of the accident;
(3) immediately determine whether a person is involved in the accident, and if a person is involved in the accident, whether that person requires aid; and
(4) remain at the scene of the accident until the operator complies with the requirements of Section
550.023. (
DUTY TO GIVE INFORMATION AND RENDER AID)
Colorado is definitely not Texas.
No law against riding in crosswalks in Colorado statutory law or Aurora ordinances. Colorado statute reads:
- A person riding a bicycle or electrical assisted bicycle upon and along a sidewalk or pathway or across a roadway upon and along a crosswalk shall yield the right-of-way to any pedestrian and shall give an audible signal before overtaking and passing such pedestrian. A person riding a bicycle in a crosswalk shall do so in a manner that is safe for pedestrians.
- A person shall not ride a bicycle or electrical assisted bicycle upon and along a sidewalk or pathway or across a roadway upon and along a crosswalk where such use of bicycles or electrical assisted bicycles is prohibited by official traffic control devices or local ordinances. A person riding a bicycle or electrical assisted bicycle shall dismount before entering any crosswalk where required by official traffic control devices or local ordinances.
- A person riding or walking a bicycle or electrical assisted bicycle upon and along a sidewalk or pathway or across a roadway upon and along a crosswalk shall have all the rights and duties applicable to a pedestrian under the same circumstances, including, but not limited to, the rights and duties granted and required by section 42-4-802.
Note that 3 above means that the person riding the bicycle along a crosswalk has the same rights against being hit by a car as a pedestrian.
As there is no ordinance in Aurora forbidding bikes in crosswalks (I checked), it doesn't appear that
#2 applies unless there was a sign indicating no bikes in that particular crosswalk. I seriously doubt that was the case.