Legal Question in Personal Injury in Texas

Injured by a bike rack

I was picking up a neighbor and her daughter at the airport. After loading the luggage into the trunk of my car, the neighbor that I was picking up reached up to close the trunk, and due to the extra weight on the trunk lid from a bike rack, the trunk closed faster than she expected, and the edge of the bike rack struck and lacerated her on the side of the face. The laceration was enough to require a few stitches. What is my liability, and is this something that would be covered by my car insurance?


Asked on 6/22/08, 12:51 pm

1 Answer from Attorneys
Roger Merrill Merrill & Associates

Re: Injured by a bike rack

If you have personal injury protection or medical payments coverage, it might pay for her medical bills and a portion of her lost wages, if any, regardless of fault.

If you knew about how the rack affected the trunk and failed to warn her, then you are exposed to liability. If you routinely have the bike rack on the back, then it might be hard for you to argue you didn't know that it made the trunk close faster than normal. I'm not sure whether this sort of negligence claim falls under your liability policy. If a claim is made, you can submit it to your agent for review and your insurance company will let you know whether or not its a covered loss.

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Answered on 6/23/08, 9:57 am


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