Legal Question in Traffic Law in Florida

Bicycle accident

My child was riding his bicycle on a sidewalk (due to lack of bike path) in a particular area. He was going opposite way of traffic on this sidewalk and crossed over an exit for cars out of a shopping center. A car pulled out of this exit attempting to turn right. The driver of this vehicle did not look right (only left) and didn't see my child trying to cross. The police said the driver of the car failed to yeild to a pedestrian and is at fault. My child received abrasion to knee and bike was destroyed.

Question: Was my child in fact a pedestrian even though he was on his bike? I want to be sure of this issue before I do anything.

How does driver's insurance enter into this? Do I contact them or will the driver (if I sue)?

What could a lawyer do for us if it is only a small calims issue? Is it, in fact, a small claims issue (being that he isn't permenantly disabled)? Can he still get something for pain and suffering?

Thank you very much for your help,

--name removed--


Asked on 1/17/03, 3:18 pm

1 Answer from Attorneys
Eric Dirga Eric J. Dirga, PA

Re: Bicycle accident

The only way to answer this question is to have a consultation with an attorney that can flesh-out all the facts at issue. Please call an attorney such as myself to set up a free consultation.

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Answered on 1/20/03, 1:42 pm


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