Sounds like you are on the right track meeting with an attorney. To be clear however, a cyclist is subject to the same rules of the road as an automobile and can be found at fault if he or she was negligent. I actually recently wrote a blog post on this issue. You can access it via the link below. Based on what you are telling me, he may be found liable for his own injuries. Speak with your attorney and I'm sure he or she can properly advise you.
If this information has been helpful, please indicate below. DISCLAIMER: This information is for general information purposes only. Nothing stated above should be taken as legal advice for any individual case or situation. Scott W. Edwards Attorney at Law Schauermann Thayer Jacobs & Staples 1700 E. Fourth Plain Blvd. Vancouver, WA 98661 PHONE: (360) 695-4244 FAX: (360) 696-0583 E-MAIL: ScottE@stjs.com
We live in a pure state, meaning a jury would determine his fault as well as hers. This is a complex case. You are right in a way to ask what you do. Just because he wAs cited does not end the matter as "his fault." You said he was basically through the intersection. That is very significant. You need to have a good lawyer analyze all aspects of what happened. Though it does not help there is a disinterested witness saying your husband caused this and he was cuted for running the stop sign. But even so, all bets are not off because he broke the law and drivers are not allowed then to hit a cyclist. Your case is, again, complex and you need a good PI lawyer.
Absolutely NOT! It is common to have this scenario. The injured party is taken by ambulance and the investigating officer conducts an investigation without one of the people present. Usually leads to the law enforcement officer really only having one side of the story and creates an idea based on side (even though they may speak to the other party later on...the story has already been created). Interview your attorney and make sure that they DO NOT take this at face value and will be aggressive in hiring experts early on to re create the accident. Ask your prospective attorney if they have any issues in litigating the matter after conducting a full investigation as these cases MUST be litigated more often than not. Good luck and check out local AVVO attorneys that litigate cases on a regular bases...Demand letters in situations like this do not get much traction.
You are ABSOLUTELY doing the right thing by meeting with a personal injury attorney - this type of fact situation is difficult and an attorney is going to be needed. Best wishes for a spedy recovery for your husband
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.
I would need more facts to discuss this in detail, but you are doing the right thing by seeking counsel ofan attorney.
DISCLAIMER: This answer is provided for general purposes only, and is not intended as legal advice made in an attorney and client relationship and there is no attorney and client relationship between the person asking the question and this answering attorney. The answer provided is based on the information provided, and the answer could change if the facts differ in any way from those stated in the answer. For a definitive answer you should seek legal advice from an attorney who (1) is licensed to practice in the state which has jurisdiction; (2) has experience in the area of law you are asking about, and (3) you have retained as your attorney for representation or consultation.
I'm so sorry about your husband, this must be a very difficult thing to go through. As for the liability issue, a ticket does not mean your husband is "per se" liable or that the driver is automatically off the hook. In WA, liability is apportioned according to fault. If your husband was 75% at fault and the other driver 25% liable, then your husband is entitled to 25% of the damages he has sustained. Good luck on your meeting tomorrow.
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