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Old 09-07-21, 04:35 PM
  #26  
Maelochs
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Also please note that almost every Adopted versions of UTC (something like 37 continental states) starts with the statement that a bicycle is a vehicle and has the same rights and responsibilities as any other vehicle.

I strongly suggest that everyone who sees unclarity here, go park on the side of a busy road, then attempt an unsignalled U-Turn. After the accident, tell the responding officer, "It is his fault, he didn't yell 'On your left!'"

Fact is, if you overtake slower traffic, and that slower vehicle Takes Action to Move Into Your Path, that operator is at fault.

Think about it .... if you are passing me on the highway, in the left lane while I am in the middle lane, and because i don't want to be passed I swerve sharply left and hit you .... is it Your fault for "Failure to use care and caution while passing"?

This is not different that a rider pulling out of a side street without warning---the operator is obliged to make sure that there is a clear path before attempting any maneuver. You cannot cut someone off and blame them---well, you can, and good luck with that.

There is of course a practical side---the old "Dead Right and Dead" side.

Legally yo are protected, but a law doesn't protect you any more than a traffic light actually stops an oncoming car. You have to keep your wits about you, because no matter who wins the court case, being crippled sucks. You had no reason nor legal obligation to expect that this idiot was about to perform an illegal maneuver without looking and without warning---but you have lived long enough to know that people do that kind fo stuff--and come here and defend it.

I am pretty sure that next time you will expect asinine behavior and give the potential threat a wider berth.
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