Legal Question in Personal Injury in Florida

A friend of mine was riding his bycyle on the sidewalk appraching the crosswalk between an alley when he was struck by a vehicle. The vehicle did not stop or yeild to him as he was crossing. The vehicle drove over the sidewalk and crosswalk forcing him into the street in an attemp to dodge the vehicle, he then got struck by the vehicle, thrown from his bike nearly 4 feet after smacking the windshield of the vehicle. The driver only rolled down her vehicle rolled down her window and simply said, "I did not see you", while being on her cell phone, with no reguard to his well being or concern. She then stated, "Let me move my car", Which I believe is against the law in the state of Florida. She did nothing but try and defend herself for all the reasons why she should not be at fault. He was rushed to the hospital due to severe pain in his legs, neck, trouble breathing and head injury. He did hit his head two seperate times during the impact of the accident. He is now missing work, having nightmares, severe anxiety, not to mention his severe pain. The cop stated "We need to see who is at fault". I believe pedestrians ALWAYS have the right of way. The offiver then made a statement to the driver, "It's okay, don't worry I see this sort of thing all the time" My friend is hispanic while the officer and driver were caucasian and I tend to believe this is a possible hate crime. She only recieved a ticket for failure to yeild at a alley/drive, nothing reguarding a pedestrian. How should this situation be handled legally and what are the laws for cyclist's and pedestrians? What are his rights? He is home now on bed rest and lucky all his tests showed was brusing.

Asked on 5/10/10, 1:09 pm

Tami Diebel The Plaintiffs Law Firm

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He should be filing a claim with her insurance company for his bodily injuries and for his bicycle. Have him call me.

Answered on 5/21/10, 7:48 am

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