I live in Toronto.
I wasn't driving my TL, I was driving my dad, Nissan Murano.
Guys, here is my story.

Friday Sep 26 2007 @ 9pm EST. Major intersection (Midland and McNichol)
I was on McNichol at a red light stopped. I wanted to make a right turn on to Midland Ave. I looked left, then right, saw no cars, eased off my brakes, so I can see clearly on the right as there is a traffic control box blocking my view. I inched forward, then bam, a woman on a bicycle smacks right into my license plate. She was riding on the side walk on the side facing traffic, (not along traffic, but the opposite direction). I didn't even see her at all. She either came out of an alley way or along the poorly lit sidewalk. Only damage to the SUV was just the license plate cover.

I get out to see if she was ok. She kept holding her shin, but she couldn't speak English, so I did not know her immediate condition. There was another woman driver who was about to turn left at the light onto the street I was on. from Midland Ave. She came and spoke briefly with the woman, asking her if she is okay in her language. After a few minutes, the cyclist got up and and wanted to pick up her bike and move it to the side walk. At this point other drives had come to the scene and told her not to move. I asked the woman driver if she saw anything. She said she did not see the whole accident, all she was was the impact between the bike and my SUV. She said she didn't even know where this woman came from. If this cyclist didn't smack me, it would've been here cause she was making a left turn.

In recent years, there has been an increase of cyclist riding on the sidewalks and crossing where they are not suppose to, etc. Basically not obeying traffic law.
If you live in the Scarborough/Markham area, you would know what I am talking about.

Anyhow...the Firetruck came, Ambulance and then the Police.
She was taken away to the hospital and I was left with the cops to give a statement. I provided my lic and reg, and a summary of what I just wrote above.
The other woman driver provided her statement as well.

The cop said he is not going to charge me right now as he still needs to get a statement from the other party, and due to a language barrier (the cyclist spoke I think Mandarin or some Chinese dialect). He said if he wants to charge me, he has 6 months to do so) At this point I asked the cop if it is legal or okay for these cyclists to ride on the sidewalk (speeding on the sidewalk) going to opposite direction of traffic? He said he didn't know, but he stated that if there is any impact between a motor vehicle and cyclist, went if the bike hits the car, it is the drive of the motor vehicles fault. I think this is ridiculous. I remember in elementary school, when we had officers come teach us about road safety on bikes, we were told to walk our bikes across the street, not speed thru a traffic intersection on the side walk. The cop said, the there is no law stating that only kids can ride on a sidewalk. What if I was 30, never learned how to ride a bike before and want to learn now, can't force someone like that to ride on the road. Well..this lady obviously wasn't trying to learn to ride a bike. She speeding on the side walk with bags of groceries on her handle bars. Also the brakes on the bike is not good. I saw the cop testing the bike and attempting to tell the cyclists son (who later arrived) that he needs to get the bikes brakes fixed. There was not way this woman would be able to stop if she saw me.

Its been a long night. Could hardly sleep.
I called my dad's insurance co. this morning and left a message. Still waiting for someone to call me back.

I'm worried now that I will be found at fault in this.

Your thoughts? Advice?
What do I tell my insurance?


Regards,

 

wow dude that sucks, I feel your sympathy. Seems like you were just at the wrong place at the wrong time...it's one of those things like pedestrians yunno? collision between car and person even if the person isn't in a sidewalk will always favor positively for the pedestrian not the car.

But I feel your pain man, it sucks...YOu should talk to an attorney ASAP and mention to him what the cop said about the brakes etc to minimize negative impact to your record, insurance rates, amount you'[ll be sued for medical etc

 

I saw something similar on one of those Court TV type of shows (like People's Court) before, and although most of the time those shows are pretty rediculous, sometimes you learn interesting tips / laws. Anyways, I don't think it's always the motor vehicle's fault. I remember one where the person on the bike was completely at fault, b/c of the way they were riding, the situation, etc (similar to what you described). They ruled in favor of the driver. (it was the driver suing the bicyclist for damage to the vehicle when the bicyclist crashed into it).

Good luck with everything, things like this always suck...

 

maybe the brake on her bicycle didn't work properly and that is why she crashed into your SUV. Hmmmm she also have grocery bags hanging on the side of the handles so it kind of hard for her to control the bike. Your car wasn't moving when she crashed into it right.

 

As a cyclist I don't like to hear about these crashes and naturally lean towards the cyclist. But it sounds like she was at fault with what you said. In most states, from my understanding, you have to give way to people in cross walks, but they are also to look out for cars and not step out in the line of a vehicle that cannot safely stop. I don't like it when people ride on the sidewalks and hate it when people ride against traffic. Good luck, hope all goes well for you.

 

1) Tell your insurance exactly what happened-- use your post in this thread or copy it for the claims adjustor, if insurer wants details after it calls you back on the next business day (today is Saturday, right? Oh, and this past Friday was Sept. 28, not Sept. 26).
2) Stop worrying since you will have no control over what will happen going forward.
- Your insurance company will investigate only if you or the other party makes a claim. Once a claim is made, the insurance carrier can get the police report. The insurance company will authorize a quick investigation (i.e. interview the witness and the parties) if merited or practical.
- The police will prepare a report in which it may give an assessment of fault or violation of law. In California, you, the insurer(s) and parties' attorneys can get a copy [redacted for privacy purposes] about a week afterwards if the officer advise of the report or incident number. California peace officers usually cite immediately (at the scene) in simple, non-drug/alcohol cases if they determine a party at fault should be cited.
- If the police determine that the bicyclist was at fault and the bicyclist does not file a claim, you will never hear about this incident again.
G/L.

 

one more thought. You might be able to use the cops statement about the brakes and show that she was operating an unsafe vehicle. My bikes can stop on a dime, both road and mtb. And a properly set up bike can stop very fast. If you can show that this was not the case you might have an argument.

 

if you get charged the laws in Toronto are nutts... I would be under the impression you'd only be held liable for medical fees and missed worked...

 

Oh geez man.......I live around that area too..............I learned in high school you gotta slow down cycling near alley entrances /exits / streets cause u never know what'd pop up there.

Also...........when taking a right turn, some drivers always have tendency to look first to the left ....they look to the left more than the right.... ...........so yea it was quite bad the woman was driving on the wrong side...

HOpefully she is ok and things work out for u too man............

But yea....Cyclists around here are getting worse habits. they take up the right lanes and make us move to hte left or slow down.

 

That really sucks. Luckily I haven't experienced something like that so I don't know what to say. Good luck with everything and hopefully she doesn't press charges.

 

Wow...it seems that it's the cyclist's fault, but that due to the cop's limited rationale, you might get charged. He seems to be vague on the "law" (which just happens to be his fucking JOB - how the hell can you enforce what you don't know?)!!!

Good luck, but you sound like you need an attorney as the shin pain and other stuff that comes with these types of things may come into play. I hope the woman is ok though, but your pockets may suffer more than her shin soon.

 

I agree. I suggest you contact an attorney. They usually dont charge for a consultation.

 

Thanks guys,

I called my dad's insurance company and just waiting for a call back?
Anyone here who can recommend a good attorney in the GTA area?

I also called the police officer on Sunday and left a message for him to return my call.
I want to ask him if he wrote on his report about the bike having bad brakes, poor reflectors and the grocery bags hanging off the handle bars.

I have yet to receive a call back.

I'll keep you guys posted.

Thanks guys, AZ has the best members!

 

Man that's a pretty bad situation you got yourself into. Situation like yours is hard not to worry. So by telling you to not worry and just be patience is hard. Hard or not you still have to wait, so try to just let it be. I just hope the best for you. From what you said about the bike and it's brake and grocery bag and her going the opposite direction and so forth, you may not loose if this go to court. But if this case does end up in court you should be proactive and take all the evidence you have, dress nicely to impress, and be as calm as possible so that the judge knows that you are serious. I'm sure you know what I'm talking about since you are 31. And just hope for the best.

 

I thought that bikes had to stay on the road and weren't allowed to be on sidewalks?

 

My biggest fear is hitting a pedistrian, I always think they'll sue me and I'll end up losing everything.

 

Believe it or not, the biggest thing you'll lose if you hurt one real bad is serenity, or peace of mind...you'll see yourself doing it over and over...

 

It does help to have the cops to determine whos at fault BUT it is not up to the police I have seen many times where the cops site one party then after the insurance companies hash it out then the other party is at fault.

 

Update:

Still no call back from the Officer.
I left a message on Sunday.
I wanted to know what he documented on his report and if I can get a copy.
Should I keep calling or would that be a no no?

I realize no matter now careful you are, if a cyclists / pedestrian does not play their part in being safe and careful, stuff like his happen and its beyond the drivers control.

Its been 3 days now, what should I do.
I'm gonna call an attorney tomorrow (just got a referral from a co-worker/friend)

Advice?


Thanks guys/girls.

 

Dont know how it works in Toronto but in NY you can go to the station and pick up a copy of the police report. There was a small fee for the report but its worth it.

 

Not to start an arguement, but that is exactly what they are supposed to be doing. Cyclists belong in the road, NOT on sidewalks.

I hope everything works out for you quanTL. You have insurance and a strong case, so try not to worry about it too much. Good Luck.

 

Thanks guys.

I feel so much better from reading your replies.

 

I found this link on bicycle laws of Toronto.
Do you think this will help if anything happens?

http://www.messmedia.org/messville/TO_FINES.HTM

http://www.torontopolice.on.ca/crime...yclesafety.php

Looks like the woman who hit my car failed quite a number of these.

Offence Section Fine
Improper bicycle lighting 62(17) $30.00
Improper brakes on bicycle 64(3) $90.00
No bell (horn) - bicycle 75(5) $90.00
Defective bell (horn) 75(5) $90.00
Operate unsafe vehicle 84 N.S.F.
Careless Driving 130 $265.00
Cyclist - ride in or along crosswalk 144(29) $90.00

Metropolitan Toronto By-Law 32/92
Bicycle - ride on sidewalk over 61 cm (24") 17(1) $85.00

 

Here is another link.

See # 4 on the page.

http://www.toronto.ca/cycling/cyclom...rjuly_2002.htm

Here is another one about sidewalks.

http://www.toronto.ca/cycling/sidewalk.htm

 

i live in the area. i almost hit a woman on her bike going INTO MY DRIVEWAY AT NIGHT, she had NO LIGHTS, NO REFLECTORS, on the sidewalk, NO HELMET, wearing dark brown.... stupid f*cking woman.

in a case like yours. i dont think you're at fault. she shouldnt be riding her bike to cross the street. but yeah.. becareful while driving in scarborough especially (not even markham... that much) stupid cyclists are bloody everywhere and think they own the road, i've seen one totally ignore a red light (he was on the sidewalk) and just ran across a red light from sidewalk to sidewalk, cars where screeching their tires to avoid the mofo. then he even flipped the cars off for honking him... wtf?!?!?

 

just read one of the links u posted.... if you do get charged, which i hope u DONT... ask these questions and make sure they're all acounted for cuase if not u can use it against the case.

did she have a light?
did she have reflectors?
did she have a WORKING bell/horn... HELL did she HAVE a bell/horn?
was it a green light for her? or amber?
was she cycling "carelessly"?

 

It's the cyclist fault for biking on the wrong side of the road. That's the law and it cannot be changed. You make feel guilty but it is not your fault.

 

Uhh, read post #23. It answers pretty much all of those.

 

yeah.. i know it does. but somebody who mite be in the same situation, mite not have gone thru all the info on the links. these are some easy questions to highlight if anybody else ran into this situation. cuase i know i've almost been there.

 

Thank guys.

The officer still didn't call me back.
Haven't heard a word from insurance.

What should I do now?

Still wait? Its gonna be a week tomorrow.

 

You aren't going to hear from anyone unless you are cited or a claim is made against your insurance.

Print out your posts in this thread and file them away (they are to be given to your insurance co. if a claim is made by the bicyclist). Then go on with your life and don't worry about this incident any more.

 

sorry all of this happened. i have taken traffic school a dozen times (long story...don't ask) and cyclist has the same laws as a motor vehicle. in other words the are treated like motor vehicle under the law. having said that, the law/judge will alway sympathize with the cyclist because of size/weight difference. but this is california laws. i would research the laws that apply to your area, which looks like you have. sorry this had to happen and good luck with everything.