car vs bike accident....who is at fault?

it was after 10pm i was driving home from work on a 6 lane road 3 lanes going and 3 lanes coming. I was in the lane closest to the middle solid yellow line. I was driving under the speed limit for that road. it was dark out and suddenly a biker pop in front of my car. I couldn t brake in time so I hit him. he was wearing dark clothing and his bike was not equip with any kind of light. also he was j-walking across the street. there was no crosswalk at all. we both were taken to the hospital. am I at fault?

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  • 6 months ago
    Favorite Answer

    He can't be jaywalking, because that means to do something on foot or in a wheelchair. Bicycles are considered vehicles, not pedestrians. They do not need crosswalks.

    He is probably at fault, although not for the reasons you gave. The correct reasons are (1) riding at night without a light is illegal in some places, and (2) anyone changing lanes is supposed to check first to make sure it is safe and is not allowed to pop in front of someone.

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  • 6 months ago

    Was he a biker or a pedestrian? He can't be both.

    He was most likely at fault but you will most likely be held responsible.

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  • JetDoc
    Lv 7
    6 months ago

    Yes, you are "at fault", but I doubt that you would be charged with any traffic violations.

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  • 6 months ago

    From the way you described it, NO. But he may have a different version.

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  • Anonymous
    6 months ago

    NO. IF THAT'S THE ABSOLUTE TRUTH IT WAS NOT YOUR FAULT.

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  • 6 months ago

    It's the cyclists fault. A bike is a vehicle. It must obey all traffic laws. No exception. I heard these exact words come out of a judges mouth in traffic court. He threw the book at a cyclist who ran a red light and caused a major accident.

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  • Mark
    Lv 5
    6 months ago

    A cyclist who has dark clothing and no lights is breaking the law. It's probably very fortunate for him that you weren't speeding.

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  • 6 months ago

    it's the cyclist's fault

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