Legal Question in Personal Injury in California
Injury to bicyclist hit by car (cyclist at fault) - any recourse?
A friend of mine who's ~45 & a bit handicapped(physically and mentally) was just involved in a bad accident. He was hit by a car at a busy intersection while riding his bike. He's been in the hospital 6 days now (broken leg & wrist - 2 surgeries). Since the accident was his fault-does he have any recourse to recover medical expenses?
He was riding through the cross walk against a red light. He was not directly impeding traffic (the left turn lane on the opposite side was the only traffic moving) but his light was red nonetheless. As he reached the far side of the intersection, he was struck by a vehicle making a ''free right turn'' (inside the island). The woman driving the car was not cited by the policeman who responded (& neither was he).
My friend is now very seriously hurt & unable to pay his hospital bill. He lives in a studio apt. & has no assets & no insurance -neither medical nor auto (he does not own a car). He's been on L.T. medical disabilitly from work for serious liver and blood disorders (and I believe he receives some state aid). Should I suggest my friend consult an attorney to see if he can recover anything to cover his medical bills - or is he out of luck (being the one technically at fault here)?
4 Answers from Attorneys
Re: Injury to bicyclist hit by car (cyclist at fault) - any recourse?
The violation alone does not end the case; the issue is, was he injured due to the negligence of others.
Yes, he should confer with an attorney.
Joel
JOEL SELIK Attorney at Law
800-894-2889 760-479-1515 702-243-1930
www.SelikLaw.com
Licensed to Practice Law in California and Nevada Only CA Licensed Real Estate Broker
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Re: Injury to bicyclist hit by car (cyclist at fault) - any recourse?
The fact that he was crossing against a red light is not dispositive on the issue of liability. It does not settle the issue. He can recover for his medical bills, pain and suffering, etc. but his recovery may be reduced because of his own comparative negligence. Whoever can legally act for your friend should hire an attorney to investigate and bing appropriate action to recover. A big question will be whether the driver of the vehicle was insured, and if so, for how much.
Feel free to contact my office or anyone else in the personal injury panel for LAW GURU.com.
There will be no legal fee except from any recovery.
Re: Injury to bicyclist hit by car (cyclist at fault) - any recourse?
Depending upon visibility and other factors, your friend might still recover certain percentage from the driver who hit him. Feel free to contact me or anyone else on this bulletin who cared to respond.
Re: Injury to bicyclist hit by car (cyclist at fault) - any recourse?
I would agree with most of the other attorneys in this matter. I could meet with you at your convenience at no charge.
Charley Rossman/Attorney
562 267 7777
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