[SDCBC] ignoring a detour & bike lane closed signs

[Richard Duquette]

List mates                                   Confidential & Privileged

Id like to get your perspective regarding a potential issue that 
involves a bicyclist that (for sake of discussion) ignored a detour & 
bike lane closed sign.

The cyclist is alleged to have then ridden close to the right side of 
the road edge cement barrier (that was constructed for a quarter 
mile) in order to get to his destination on the late afternoon 
weekend.Taking the detour would have taken her about 3 miles out of her way.

As luck would have it, a young man drove his car around the slight 
right bend in the road that was partially obscured by the cement and 
plywood barrier in the slow lane edge and side swiped the cyclist, 
causing injuries and ripping off the cars right side mirror at the same time.

The defense is that the cyclist should have ridden out of his way 
several miles,even tho he has the right to the road as a cyclist, and 
avoided riding near a cement barrier that  partially hid him from 
oncoming traffic.

I suspect the motorist should and could have driven in the fast lane 
and had better vision, and  the officer suspects the motorist was 
traveling too fast for the conditions...construction site and all 
with the barriers.

Do you feel the cyclist is with out fault or would you  apportion 
responsibility in this case. If so, what are the percentages.??

Thanks in advance for your opinions.

Richard L. Duquette
Bicycle Injury Lawyer since 1983
Carlsbad, CA
760-730-0500
www.911law.com  
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