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Can I sue the driver of a car whom hit my daughter while riding her bike?

Salem, OH |

She rode out of an alley and due to parked cars rode into the road. The driver of the car that hit her was an Internal Medical Doctor in our town, living only one block up on our road. He never offered help or stated at the scene that he was a dr. I am a nurse and knew this. He was driving a Porsche Boxer...stated he was only going 20-25mph. *Speed limit was 25. He never applied his brakes, she rode out of the alley across the first lane and into the path of his car in the next lane, across the front of his car and he hit her bike with the right front of his bumper. She flew up over the hood, hit the windshield and went off the passenger side and landed behind the car. The bike landed 60+ feet up the road from where the driver stopped his car. No citations issued, still investigat

Attorney Answers 1

Posted

Given the length that the bicycle was thrown, it may indicate that the doctor was going above the posted speed limit and may have some liability in this instance. This is the type of case which may need an accident reconstructionist to prove the speeds and sightlines involved in this incident.

I suggest that you contact a personal injury attorney in your area and see whether or not the attorney is able to undertake your daughter's representation. Most personal injury attorneys offer a free consultation and you should take advantage of that service. In the interim, do not permit anyone to take a statement from your daughter nor give them access to your daughter's of medical records without first speaking to an attorney. You should save your daughter's bicycle in its damaged condition and take photographs of it as well as the doctor's damaged car and your daughter's injuries. All of these photographs may be helpful in prosecuting your claim down the road.

You may find it helpful to review some of the Legal Guides I have published on Avvo.com, many of which deal with the situations you and your daughter are now facing.

You Do Not Delay in Seeking Counsel.

Legal Disclaimer:

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 in 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 advises the questioner to confer with an attorney in their state in order to ensure that proper advice is received.

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Michael Alen Bryant

Michael Alen Bryant

Posted

Investigation is so vary important in these type of collisions. Insurance companies get out fast, that is why the sooner you talk to a experienced personal injury lawyer the better you and your daughters rights can be protected.

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