If a bicyclist hit the side of my car while I was turning right but I was not at fault, can I fight the ticket?

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If a bicyclist hit the side of my car while I was turning right but I was not at fault, can I fight the ticket?

There was a bike lane adjacent to the road I was on but the biker was on the sidewalk. After the collision, the first thing the biker (34 years old and uninjured) said was, “This bike has no brakes”. I got a ticket for careless driving and the State Patrol had to make a call to see what to do. I read the accident report and there’s no mention on the biker’s faulty bike or the fact that he was on the sidewalk (illegal in the city). I can take fewer points and mail in the ticket or take it to court.

Asked on February 1, 2016 under Accident Law, Colorado

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

If there is no mention in the police report of the biker's carelessness or bike issues, you are unlikely to win, ecause unless you get the biker to appear and accept fault, you have no evidence: you can't testify as to what the biker said, because that would be hearsay, and you have no personal knowledge of bike problems. Accepting an offer for fewer points may be your best bet.


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