Found an issue on this page? Let us know and we will look into it as soon as possible.
Am I at fault for biking in a crosswalk when the pedestrian button is counting down, and while a car turning right hits me?
Anonymous2 views5 answers
I was riding my bike at the time on the right side of the street with the flow of traffic. I got down to a major intersection where i stopped. When i stopped i got as far right next to the side walk as possible and pressed the pedestrian button. When allowed to cross, i turned left across the crosswalk while the pedestrian time was counting down. By the time i arrived about 4-6ft from the end of the other side of the street. A car turning right, which hadn't stopped completely hit my bikes front tire sending me flying over the vehicle. I landed on the sidewalk unharmed thankfully because i was wearing my helmet and my backpack which was strapped on around my chest. These helped protect me. Though now i have a $2-2,500 medical bill and no bike. The bike itself is about $500 depreciated.
Christian K. Lassen IIPersonal Injury LawyerPhiladelphia, PA ·
Never deal with an insurance company directly without a lawyer. No lawyer on here can tell you if you were at fault or not from a posting, but 9 times out of 10, the car is at fault, but this would need to be evaluated by a lawyer. Search for a car accident lawyer in your City and call for a free consultation.
Boris Zinovjevic GorbisPersonal Injury LawyerBeverly Hills, CA ·
1. The key issue is not just the question of liability but of your damages. You contradict yourself when you wright of being 'unharmed' yet accumulated $2500 in medical bills, which I assume came from the ambulance and ER.
2. A fall such as yours has a strong potential to cause yuo problems in the future. You have to maintain a rational attitutde without making assumptions about your physical condition. Most people ignore what their body is telling them and suppress their concerns for fear of appearing as 'gready opportunists.
3. There are issues of loss beyond that of medical bills. How did this accident affect your studies? Did you have to eprform under any duress of physical pain or limitations? Did you have to forego any of your hobbies? In short - how did this incident affect yuor life? An expereinced attorney may be able to help you flush out and document these issues .
4. In California you have 2 years within which to initiate a lawsuite and while the bill collectors must be pressuring you, nothing will happen with Mercury unless they have sufficient reason to believe that settling with you is in their best interests.
5. If you still believe that doing it on your own is the best approach, send a time-linmited demand to Mercury by certified mail, keep originals and only send them copies and if your belief that "All I am asking is what is due to me, not a penny more" turns sour be prepared to immediately file a compalint with the Small Claims Court near where the accident happened or the other driver lives. Best of luck to you.
Lars A. LundeenPersonal Injury LawyerRutland, VT ·
Hopefully the adverse insurance company will reimburse you for all of your losses, including any of your incurred medical bills. You are entitled to more than just payment of the property damage, as it appears that you have suffered some personal injury to incur the medical bills. You may wish to review some of the Legal Guides I have published on .com, one of which addresses the different types of damages to which you may be entitled.
Under the scenario you have told us about, your medical bills may be reimbursable if you have PIP or medical payments coverage on your automobile. You should review your auto policy for this coverage.
If you are still experiencing any pain or problems from the incident, I suggest that you obtain needed medical care and treatment immediately and follow the doctor's advice. Do not give any statement to the adverse party or insurance company nor grant them access to any medical records. Photograph the injuries and the damage done to any property. Contact a personal injury attorney in your area as soon as possible so that you can protect your rights. behalf.
Legal Disclaimer:
If this information has been helpful, please indicate below.
Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.
Technically, it is a violation of the vehicle code, believe it or not, to ride a bike in a pedestrian crosswalk. Having said this, I think you should still consult an attorney as this would be a case of "comparative" fault (i.e. fault on the driver of the car as well) and you would probably still have a valid claim. An good personal injury attorney could review the facts of your case and determine what you should do and could deal with the insurance companies on your behalf.
