Error: I'm afraid this is the first I've heard of a "writeback" flavoured Blosxom. Try dropping the "/+writeback" bit from the end of the URL.
Whose fault is it?
While I was riding home earlier this evening, I had to cross a busy
street so I waited that all the cars were still, waiting in line in front of
the traffic light and started to go through the cars.
When I was about to reach the other side of the street, I got hit by a scooter
which was passing the cars by the left (people drive on the left hand side
in Japan) ...
I just couldn't see it before (maybe I wasn't careful enough either), as the car (a 4WD) was hiding it from me. The only moment I actually saw it was a few seconds before the hit, while I was checking it was safe to go...
The scooter came awfully fast and I didn't have enough power to get out of the way, not to mention that I had also left the bicycle light at home. The hit was inevitable.
I was put down by the hit, suffering several bruises at the legs caused by
the bicycle itself and also got hit at the torso, as I bumped into a barrier
on the road when I fell from the bike.
I believe I am quite lucky though as I didn't get more badly injured,
especially at the head or didn't have any bones broken.
The bike itself hasn't been that lucky as I believe both wheels have to be
replaced (I'm not sure about the frame yet).
Now, the lady who was riding the scooter fell too but didn't complain about any physical injury; the turn signal light of the scooter broke though, so we agreed I would pay for the reparation of that light, as I assume it was my fault in the first place.
However, I've been reading about bike accidents in Japan and it seems the law favours the smaller parties, and the responsibility always falls under the bigger party (car > motorcycle > bicycle > pedestrian).
Is it a case of shared responsibility, as the scooter may not have been supposed to pass the cars like that? Does the Japanese law give right to the bicycle in this case?
Should I ask her to pay for my bicycle too? The injuries I've suffered are probably nothing but how can you tell in the long term?
I will be calling the Traffic Accident Counseling Service (sponsored by the Tokyo Metropolitan Government) to ask them their opinion on that matter: although I still believe I was at fault, it would be interesting to learn more about those laws.
#The Tokyo Metropolitan Government sponsors various counseling services where you can talk to lawyers and counselors regarding traffic accidents.
Problems related to compensation (for both the party at fault and the victim), out-of-court settlements, and correct insurance procedures are addressed.(in Japanese)
Hours: Monday through Friday from 9:00 a.m. to 12:00 noon, 1:00 to 4:00 p.m. (in person consultation); 9:00 a.m. to 5:00 p.m. (telephone consultation)
Closed: Saturdays, Sundays and national holidays.
Tel: 03-5320-7733An English speaking person can be reached at: 03-5321-1111