Legal Question in Personal Injury in Michigan

Vechicle and Automobile Collision

While travelling on side walk, car #1 pulled out of TacoBell driveway, car #2 (the collision) pulled to intersection, failed to look to the right (where I was coming from) and failed to stop completely. Thinking the driver saw me on bike and would stop before entering traffic. I was unable to stop in time and hit her vehicle. Damage was done to her car, and totaled my bike. Skinned knees and shaken nerves on my part. Am I able to bring suit for damages against the driver of car #2??


Asked on 10/01/03, 10:02 am

2 Answers from Attorneys

Aaron Larson Law Offices of Aaron Larson

Re: Vechicle and Automobile Collision

I am assuming that by "bike" you mean bicycle, not motorcycle.

I am not clear from your story what relevance "car#1" has to the accident. Are you suggesting that car#1 blocked the view of your bicycle, such that car#2 could not see you coming?

The first major issue is "who had right of way"? If you had the right of way, presumably car#2 should have come to a full stop before entering the intersection. This also holds true if car#2's view was fully or partially obscured by car#1.

I assume a police report was made of this incident. If not, you should make one in order to facilitate any claim you make against the other driver. The police will make an assessment of fault in their crash report which will help in any insurance claims.

In my opinion, you should consult with an attorney in person about any personal injury matter where you are considering litigation. If your physical injuries amount to skinned knees and a short-term case of the jitters, you may have difficulty finding an attorney who will take the case. Should that be the case, you may wish to try contacting the driver's insurance company to make a claim for the value of your bicycle and, if applicable, for any uninsured medical bills you incurred. You can also ask for something for your pain, if you choose.

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Answered on 10/01/03, 10:17 am
William Stern William Stern, P.C.

Re: Vechicle and Automobile Collision

It depends on how badly you were hurt. If you sustained a "serious impairment to body function by objective physical evience that substantially interferred with you ability to lead a normal life for a time, you could file suit. You may have a deduction for your own negligence. If your negligence equals 50% or more, you get nothing. Give me a call to discuss it. Bill Stern 248-353-9400

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Answered on 10/01/03, 11:17 am


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