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?
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.
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.
Get free answers from experienced attorneys.
30,797 answers this week
3,202 attorneys answering
Don't speak legalese? We define thousands of terms in plain English.Browse our legal dictionary