Legal Question in Personal Injury in California
I was hit by a car while I was riding my bicycle.
I was going to work, and was about 100 ft away from my apartment. I stopped in front of a crosswalk although the pedestrian/street light was green because there was a cop car that looked like it was about to turn right.
The cop car stopped, and I thought the driver had seen me. Therefore, I proceeded to enter the crosswalk on my bicycle. I've barely gone before the cop car made a right turn into my bike.
I ended up getting a 3rd degree tear on my meniscus and a torn ACL although I originally thought it was a minor injury. Most likely I'll end up getting surgery.
There is no official state wide ban against riding on the side walk in California and it depends on local district by district - so apparently riding on the sidewalk is allowed. However, i was on the wrong side of the street ( I couldn't get to the right side of the street until I crossed this street and then another one).
Who is at fault here?
Also, my lawyer really wants to turn this into a lawsuit - he says he'll sign a contract that says I will not have to pay for my surgery/legal/etc bills even if I lose. Do lawyers even do that?
4 Answers from Attorneys
It is difficult to tell from the facts that you provided who was at fault.
My question to you is, did you retain counsel, or are you still looking? If you did retain counsel, then I suggest posing your lawyer the question that you posted above. If you have not officially retained counsel, then please feel free to give me a call at 1.877.505.INJURY for a free consultation, or go to my website at www.lupofflaw.com.
Technically, you're correct, and by rights you should win. But it's not that simple. The truth is that you're in for a fight here, because your injury is serious and the enemy is a government agency. Who's right and who's wrong doesn't matter as much, because it's all about money. This thing may end up going to jury trial, so you and your lawyer have to be a team. Fighting a case to trial is like war, you have to stick together. If your lawyer for whatever reason can't be relied on, then find another lawyer. It's your right to substitute attorneys at any time and it won't cost you anything extra. We take cases like that all the time.
As for the surgery: it's a little unusual, but yes, it is sometimes possible to get surgery done in this way, entirely on contingency. Anyway, the bottom line is that you need the surgery no matter what. Good luck!
The driver, even a cop, has a duty to make sure it's safe to make the right turn. I have a client right now who this happen, but the car ran over the foot, crushing it. Make sure that the notice of claim for (required to initiate a claim against a governmental entity) is timely filed (within 180 days of the accident occurred) because you can't sue without filing it. I hope this helps. Bob (818) 222-2433
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