Consider this situation.David isdriving to work at 6 a. one morning in April.The sun is just coming up in the east on a beautiful spring morning.

Consider this situation.  David is driving to work at 6 a.m. one morning in April. The sun is just coming up in the east on a beautiful spring morning. He is on a divided avenue or boulevard (2 lanes go one way / 2 lanes go the other way with a center median). As he waits at a green light so he can turn left (waiting for traffic to clear) he finally gets a chance to turn onto the street / across traffic. 

As he proceeds into the intersection (turning east) the sun is temporarily in his eyes and it is really hard to see for a moment (even though he has sunglasses on and his visor is down).  As he is starting to turn onto the cross street (again, he is turning east), he suddenly notices two people to his left on fancy bicycles riding really fast and heading toward the intersection he is about to proceed through (they entered the intersection when the light was yellow).

To avoid hitting these oncoming bicyclists as he was starting into the intersection, David slams on his brakes (otherwise he would have hit them!). Before he can get through the intersection, an oncoming car crashes into the side of his car!  David had no idea bicyclists would be going through the intersection as they came up so fast (on a sidewalk!) and also because he had the sun in his eyes. Still, the bicyclists raced through a yellow light (!!). 

The car that smashed into David had gone through the yellow light (yes, this can be proven) and was driving 15 mph over the speed limit (going about 60 in a 45 mph zone). Fortunately no one is seriously hurt but there is a lot of damage to David's car and the other person's car. (The bicycles escaped and never even stopped!)

David believes the two people on the bicycles should not have been riding on the sidewalk (but is a wide walking path also for bicycles?) and certainly they (the bicyclists) should have realized he was trying to cross the intersection. (Bicyclists do have a duty to be aware of their circumstances and are generally held to the same rules of the road that motorists are - duty to maintain proper lookout, obey traffic lights, etc.)  

David believes he was acting as a responsible person and that the car that smashed into him was primarily at fault (though the driver in the oncoming car stated he assumed David would make it through the intersection - had no idea about the bicyclists David had to wait for).

What a mess! Welcome to the law! If you are the judge, who is primarily at fault for this accident? Are the bicyclists liable to some extent for this accident? How would you decide this case?  

Pro-rate the negligence between people involved (oncoming driver X%, bicyclists Y%, David Z%). As a hint try to think about which person was in the best position to have avoided this entire accident ..... 

why do you think the other driver is mainly liable (if you think so) or why David is mainly liable (if you think so) or the bicyclists are mainly liable (if you think so), etc. Explain your thinking