Originally Posted by
UniChris
That argument is unsupported by the witness report, and is one for which no one has yet managed to offer any theory of law or practical safety, but only raw political ideology.
Explain to us please, what you think happened, and under what actual principle of law that would put the driver at fault. Be sure to include in your explanation how the cyclist honored the intent of the stop sign, yet the collision was with the
side of the truck.
And while cyclists are not pedestrians covered under California's crosswalk yield law, please also consider
CVC 21950 (b) "No pedestrian may suddenly leave a curb or other place of safety and walk or run into the path of a vehicle that is so close as to constitute an immediate hazard."
No argument that this isn't an intersection designed for efficient cycling. But it does not appear to be the driver who failed to use the intersection as designed.
If a cyclist or pedestrian were hit by the front of the truck, or the truck passed and then immediately turned in front of a cyclist riding on the roadway itself such that the cyclist had no time to react, then I'd blame the driver. But that does not appear to be what happened in this case.
I misunderstood where the rider was coming from, and didn't think there was a stop sign for her direction. I thought the rider was on a path that was parallel and alongside the right turn lane, going more or less straight onto the crosswalk. If she was on the path coming from the right, that requires a right turn onto the crosswalk and has the little stop sign - and didn't stop, of course it's a different story. However, it is still possible she stopped and entered the intersection before, or at the same time as the truck and hit the side of the cab towards the front of it and subsequently fell underneath the wheels of the trailer that was (as is normal) cutting the arc that the turning cab made. I don't say that to be argumentative but because it could have happened that way.
Anyway, you're right, I don't really know the facts and should withhold judgement. Regardless, I will stick to my other opinion that it's a predictably dangerous situation and it's essential to make sure nobody's turning right - or coming across from side street to the left against a light - in that sort of situation regardless of right of way. It would be tough to make that observation over the left shoulder if the rider is on a path parallel and going in the same direction to the right turn lane. If the rider is coming from the right as is that MUP with the stop sign, it would be much easier. The dangerous traffic is right in front of you. A reason to wonder if the truck was really already in the intersection? Enough from me, I'll keep quiet and be interested in seeing how this really ends up if it's investigated and reported on.