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Accident in CA involving a car and a bike rider, is the car always at fault?

La Puente, CA |

I was driving out of a drive way to get into main street, there was a block Wall to my left about 3 - 4 feet tall obstructing my view preventing me from seeing any objects ( people and cars) coming my direction, I was getting closer little by little to the street in order to clear the block wall when all of the sudden, bike rider was in front on my car and the collision happened. Bike rider fell on the floor, the only damage to my car was the license plate, license plate was gone after the collision. Rider who seemed to be a minor, was riding on the side walk at a really high speed ( street is a downhill street). Biker rider had scratches on right leg and arm. What happens now? Does the police report dictates who was at fault? If I am not at fault, can the parents sue me?

Attorney Answers 7


  1. Based on the limited information provided, it is unclear. The driver is not automatically at fault. The police report does not control. You should report the incident to your insurance company immediately. Most insurance companies provide you with legal counsel to defend against a personal injury lawsuit, if one is filed. If you were issued any traffic tickets, you should consult a local criminal defense attorney as anything pled to or said in Court in the criminal matter may be used against you in the subsequent civil action, if there is one.

    Good luck.

    The above is general information only and is not legal advice. The information provided does not form an attorney-client relationship, and should not be relied upon to take or refrain from taking any action. I am not your attorney until we sign a retainer agreement.


  2. Simply report it to your insurance company, and when the rider sues, give the paperwork to the insurance company to defend.


  3. The car driver is not always at fault. You need to have your insurance carrier handle this matter.

    This is not intended to be legal advise or as legal representation. I am a California personal injury attorney . Be aware that every state has its own statute of limitations; and statutes & case laws that govern the handling of these matters.


  4. The car is not always at fault and the parents can sue you. Your situation is probably one of comparative fault. The vehicle states you cannot start your vehicle or enter a highway until it is 'reasonably safe' to do so. Bicycles are allowed to proceed on the sidewalk, unless there is a 'local' ordinance that prohibits that conduct. So this is one that can be argued back and forth. the minor has until 2 years after his 18th birthday to file suit. so turn the matter over to your insurance carrier now.


  5. Best bet is to turn this over to your insurance company and allow them to handle it. This sounds like a case of comparative fault. If you are sued, turn over the papers to your insurer.


  6. I would recommend that you inform your insurance carrier of the situation and let them handle it for you. Without more information, it is difficult to determine fault.


  7. No, the car is not always at fault either in reality or in the outcome of damages claims. Please address your other concerns to your automobile-insurance company.

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