Aurora, CO asked in Traffic Tickets and Car Accidents for Colorado

Q: Who's fault is it if a bicyclist is hit going against traffic on the sidewalk at high speeds crossing a enrtyway?

I just hit (bumped) a bicyclist who was crossing the entry way going against traffic downhill at high speeds. He popped out in front of my car before I even knew he was there. He was fine, a scraped knee, no bike damage and was just about to head home after I checked on him, until a busy body decided to call the police and report a incident. Well he was taken to the hospital in an ambulance just out of precaution (he is a minor) and I was given a ticket for "too row exing private drive". What does this ticket mean, is my insurance going to have to pay for the ambulance and hospital, (really he was fine)? Who's fault was the incident, everything I read states that it is illegal to ride on the side walk unless less than 1 block from your destination and going 6pmh and to always walk across crosswalks and entryway. Any help is appreciated.

2 Lawyer Answers

Samuel Ventola

Answered
  • Personal Injury Lawyer
  • Denver, CO
  • Licensed in Colorado

A: I sympathize with you because you wouldn't normally be looking for somebody coming against traffic and at a high rate of speed on the sidewalk. I'd say the bicyclist was at least part at fault, but that doesn't mean somebody couldn't conclude you were also at fault. I'm not expert on traffic tickets but I'd probably fight it. However, even if you are convicted or pay the ticket, it probably won't be admissible in any lawsuit by the bicyclist.

Peter N. Munsing

PREMIUM
Answered
  • Personal Injury Lawyer
  • Wyomissing, PA

A: As you were exiting a driveway you must yield to pedestrians--including cyclists. A lot will depend on the angles and vision, but bottom line is if you weren't edging out, and looking, chances are you looked one way and not the other.

If they were on the sidewalk they aren't "going against traffic" as sidewalks are not one way only thoroughfares unless specially designated.

Sorry, time for you to accept some of the responsibility. That doesn't absolve the cyclist but a person on a major roadway (or path adjacent) may assume traffic entering will stop.Doesn't mean they can be earbud clueless, but does mean IT IS THEIR RIGHT OF WAY, not yours.

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