There is a road where there is normally a bike lane, but it is closed to construction. The road is still wide enough for most cars and a cyclist to ride safely, a big pickup truck might have issues though.
The traffic was backed up and more or less stopped, and most cars were giving ~4' of space letting cyclists go through to the right. As I was passing on the right traffic started moving again and the car beside me accelerated to the right a bit, struck me, and knocked me into a concrete post. The next place to turn right was about 300' up the road, so he wasn't turning right.
My bike left tire marks on his rear passenger door and I knocked his passenger mirror the other way.
A bystander called for an ambulance, and based on the tire marks and my description of the vent, the EMTs called the police.
Later at the hospital the police came to me and said "You're lucky. The driver isn't pressing charges against you, and there isn't any damage to his vehicle." When I protested saying that he hit me, he said "You shouldn't have been there in the first place. It's illegal to pass on the right. You should have been behind him not beside him."
There were 3 witnesses, two women who told me that they saw him swerve to the right, and a man who stayed to talk to police after the ambulance left. The police officer said that the man had said I rode right into the car. Unfortunately, I didn't get the info for the women.
Who's at fault? I'm not really looking for compensation, I seem to be okay other than a bad bump on the head, some cuts, and a low-grade headache. Bike is okay. I'm kind of insulted at the thought that I'm in the wrong here though.
I thought it was OK to pass on the right under certain situations.ynotp wrote:but your not allowed to pass from the right.
Passing to right of vehicle
150. (1) The driver of a motor vehicle may overtake and pass to the right of another vehicle only where the movement can be made in safety and,
(a) the vehicle overtaken is making or about to make a left turn or its driver has signalled his or her intention to make a left turn;
(b) is made on a highway with unobstructed pavement of sufficient width for two or more lines of vehicles in each direction; or
(c) is made on a highway designated for the use of one-way traffic only. R.S.O. 1990, c. H.8, s. 150 (1).
If a bicycle is considered a vehicle and there is sufficient width for a line of cars and a line of bicycles does this not indicate passing to the right by the bicycles is allowed?
How is it everyone else's fault YOU comitted an offence?
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