Hit by a car while riding my bike; who is at fault?

[arne33]

I was riding my bike today when I was hit by a car. Specifically, I was riding on a bike trail that follows the freeway along an overpass. Path comes to an intersection where traffic makes a right turn coming up the road from a golf course. The bike path does not require riders to stop, but the traffic does have a stop sign. As the driver was looking to the left to see when it was clear for him to pull out into the road, he failed to see me crossing in front of him coming from his right. He hit my bike just behind the seat. Thankfully, I did not get hurt or even fall off of my bike (just spun around). The guy stops and backs up to the intersection (where he does not ask if I was ok, but instead says "don't you make eye contact" -not bad advice I have to admit). The guy goes on to say that the accident was not his fault because he did not see me. I am shocked and while I had been only upset, I was now getting a bit angry with this wonderful human being. I tell him that he just hit a pedestrian on a bike trail and that it was most definitely his fault. I then turn (partly in disgust) and walk back to my bike to check the damage whereupon the driver takes off. I got his plate number, have not reported the incident. I was not injured and there is no damage to my bike (though there probably is to his truck). Considering what consequences there could be for him as far as fleeing the scene of an accident I decided to just let it go; lucky he hit such a nice guy. Seems pretty clear to me that 100% fault falls on the guy in the suv, but is there anything I am not thinking of that could make me at fault to any degree? (law can be screwy)

[ashbey15]

Both.

[jerard]

Both.

If there is no stop sign for the bike path, but there is a stop sign for the main road, he is at fault. If he had been looking to see if anyone was there, as he should have been, he would have seen you. If I was you, I'd report him. He hit you today, and didn't hurt you, but what if he goes and does the same thing again and injures or kills someone. Wouldn't you feel guilty knowing you could have reported him, and possibly prevented that scenario?