Legal Question in Personal Injury in California
Car hits bicycle pedestrian
I was riding my bike after coming from the store in a strip mall parking lot. There was a car stopped in front of me with room to pass him on the right side. My right foot was on the curb of a planter (where there was a tree) and my left foot was on the ground. As I proceeded to walk my bike (in that position) in order to pass the car, the car began to back up, coming right toward me and there was no time to avoid him. I yelled at him to stop, but he accelerated and knocked me off my bike. Then he continued to back up, running over my bike going backwards, then again going forward. When asked for his information, he refused to provide me with it. I called 911. When the police came, they told us to exchange information. The kid was insured. When asked, I refused an ambulance, but now it's obvious that I have some back & neck pain. No witnesses came forth. What are my options?
6 Answers from Attorneys
Re: Car hits bicycle pedestrian
You should obtain a copy of the police report right away and make sure you hand deliver a letter to whoever is in charge of mall security requesting that any and all surveillance video be preserved for purposes of a third party claim. The kid may claim that you darted out in front of him or that you were riding, not walking, your bike. Since there are no witnesses, the video may be crucial. If you would like asistance in pursuing this claim, please feel free to contact my office at any time for a free consultation.
Re: Car hits bicycle pedestrian
It's crucial to immediately retain an attorney in this case. We can help you fight liability and obtain the necessary evidence. Also, if you don't have health insurance, we can find you doctors who treat on a lien. Call TOLL-FREE 877-LION-FOR-LAW
Re: Car hits bicycle pedestrian
You immediately need to see a doctor to document your injuries. If there is a police report then the insurance information may be on the police report or there are ways you can inquire through the DMV records. Call us at 213.388.7070 if you need representation.
Re: Car hits bicycle pedestrian
I would go to a doctor today and see how serious your injuries are. Even soft tissue injuries can be painful. Since the kid backed up into you it is his fault for not paying attention. Did the police do a report??
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Re: Car hits bicycle pedestrian
See a personal injury attorney, and make sure your injuries are diagnosed and treated as soon as possible, so they can be tied to the accident. You can make a claim against his insurance policy for your damages.
Re: Car hits bicycle pedestrian
This sounds like an unfortunate experience.
First, you should see a general doctor as soon as possible - and M.D. and not a chiropractor. An evaluation and x-rays should be taken sooner than later. Some of the pain you might not feel right away and it will only start bothering you a few days or even weeks from now (which hopefully doesn't happen).
although it is good to have witnesses, they are not always essential to this type of claim as the way the accident happened seems to make it clear that the opposing side is liable. In other words, it's hard to imagine how you would be at fault here, unless the other side can prove that you popped out of nowhere and were completely reckless.
Discussing this with an attorney and making sure that you are taking the correct course of action would be a good idea. Thanks, and feel free to follow up.
Arkady Itkin
San Francisco / Sacramento Injury Lawyer
http://sanfranciscoaccidentinjurylawyer.com
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