QuestionI turned right onto a busy street accelerated to 10mph and 90 feet after entering street started to turn right into the driveway of a busy restaurant, crossed onto the bicycle lane, at 3-5 mph, and was struck on the passenger door by a cyclist. I was cited for "Inattentive Driving" a local ordinance. The cyclist was not charged. FYI, cyclist had scratches was attended to at the scence by EMT's and released. No damage to my vehicle.
It seems unfair that I am being held responsible for being attentive to what is going on in front and back of me and the cyclist is not being held responsible for even what was going on in front of them. In Wash State a bicycle is a "legal road vehicle just like a car and subject to the same rights a responsibilities"
The EMT's knew the cyclist and were friendly to her. The witness was a friend of hers. The whole group of cyclist, EMT's and PD seem very chummy which concerned me at the scene. I was combative with the PD which probably did me no good and may be the source of my problem. I feel like there is a double standard being applied here.
I am going to court to fight this. What should my approach be?
AnswerHi Jerry,
There is a very fine line involved here and your question is not 100%
clear as how you handled the turning maneuver.
When there is a bike lane to your right and you intend to make a right turn, you must signal and physically move your car into the bike lane 25-50 feet before making your right turn into the driveway
to the restaurant (effectively blocking the bike lane), and then signal your intent to turn into the driveway.
The wording of your question "started to turn right into the driveway of a busy restaurant, crossed onto the bicycle lane, at 3-5 mph, and was struck on the passenger door by a cyclist", sounds like you stayed in your own lane and then made your turn across the bike lane
and into the restaurant.
If I am correct as to how this turn took place, you really have no grounds to fight the citation. The bicycle had "legal control" of the lane and you violated her right-of-way by crossing "onto" the
bike lane and into the driveway.
If you had signaled and moved into the bike lane and then signaled your turn into the restaurant, there is no way she could have hit your passenger door while you were making the turn because you
would have been blocking the bike lane by taking "legal control"
of that lane in order to complete your right turn. Under such
conditions, the bicyclist (if she had not honored your legal right to occupy the bike lane) would have hit your rear bumper or far back on the right rear quarter panel, your passenger door would have never been exposed to her.
I will be on vacation from this volunteer board for the next 10-12 days.
If I have mis-understood your question you will still have plenty
of time before your court date to send me a follow up question.
I hope that you have found this information to be of help. Your feedback by rating my response will be appreciated.
Sincerely,
Bennie
San Francisco Bay Area
