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Confidential & Privileged<br><br>
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.<br><br>
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.<br><br>
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.<br><br>
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.<br><br>
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.<br><br>
Do you feel the cyclist is with out fault or would you apportion
responsibility in this case. If so, what are the percentages.??<br><br>
Thanks in advance for your opinions. <br>
<x-sigsep><p></x-sigsep>
Richard L. Duquette<br>
<b><i>Bicycle Injury Lawyer since <font color="#FF0000">1983<br>
</i></b></font>Carlsbad, CA<br>
<b>760-730-0500<br>
<a href="http://www.911law.com/" eudora="autourl">www.911law.com</a></b>
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