To sue or not to sue

[Por_sha911]

Originally Posted by RKDinOKC

A week ago I stopped and had words with a jogger in my neighborhood I almost hit. It was late at night and he was wearing all black with nothing light or reflective at all and he was 5 ft out in the street from the curb running with traffic...The jogger was very belligerent claiming he had the right of way and it was the drivers responsibility to see him.

a) If you are hit by a car while running into the street from between parked cars there is a good chance that the driver will be found not liable. Just like if a driver of a parked car opens the drivers door right before an oncoming car. If the door is ripped off its the parked car's fault.
b) You should have said "even if you are dead right, you're still DEAD you jerk".

I just want to scream "For God's sake, take some personal responsibility people."

[rwest]

Originally Posted by RKDinOKC

Personally I don't see anyone but the rider responsible for an accident at night if the hazard is marked plain enough to be easily seen in the daytime.

There are two types of lights for a cyclist, those for being seen and those for seeing where you are going. Would you sue if she had hit an unmarked pot hole? A responsible night rider would have enough of both types of light to ride safely.

Used to ride a bike 8 miles to work and back when working night shift. It was dark both going and coming. Even though most of the route was lit well enough you could basically see, the first thing I did was equip my bike with a WHITE headlight and other RED lights so I could easily see and be seen.

My route was all side streets through neighborhoods except for the few places I had to cross highly trafficked streets and one bridge. I thought it was interesting that I could make it to work in the same time riding as driving.

A week ago I stopped and had words with a jogger in my neighborhood I almost hit. It was late at night and he was wearing all black with nothing light or reflective at all and he was 5 ft out in the street from the curb running with traffic. Was just being neighborly to warn him. The jogger was very belligerent claiming he had the right of way and it was the drivers responsibility to see him. Told him it didn't matter what his rights were or who would be responsible if drivers couldn't see him.

It's amazing to me how so many people who are out and about at night walking, running or biking wear dark colors and use little or no reflective material or lights. When I got my license many years ago, I quickly realized how "invisible" I must be to motorists while riding my bike and I promptly added lights and reflectors.

All of that being said, try and buy a jacket in a bright color at the department store- almost all black. Bike and running apparel as well, so much is black. I only buy the hi-viz stuff.