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I got hit while riding my bicycle. Who's fault is it for the accident and how much can I get the faulty person to pay for?

Milwaukee, WI |

I was in Milwaukee, WI, riding my bike like I do every day, home from work. I was riding in the bicycle lane and a woman flung open her car door, and I slammed into it and flew off my bike. I went to the emergancy room, the bill was $50... I went to the bike shop, and I find that my bike is totaled and the bike costs $332... I went to work with a 'limited duty' doctors note, and was told from my boss there that the company doesn't allow people to work limited duty, so I am to not work without pay for an entire week. I wanted to know if the accident was the woman's fault, and if it is, what is she liable to pay? or rather, her insurance? the bike? the medical bill? the lost wages?

Attorney Answers 3

Posted

Contact a personal injury lawyer. Hopefully you have he name of the woman and her information. An attorney in your locale should be your next phone call.

You may find my Legal Guide helpful Successful Start for a Personal Injury Lawsuit
http://www.avvo.com/legal-guides/ugc/successful-start-for-a-personal-injury-lawsuit

Good luck to you.

NOTE: This answer is made available by the lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney in your state. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question.

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Posted

It sounds as though you had the right of way and the lady failed to check her mirrors or turn her head prior to opening her door. Based upon this analysis, you would have a valid personal injury and property damage claim against the woman. The woman's insurance company would be responsible for the following:
- Past & Future Medical Bills
- Past & Future Wage Loss
- Past & Future Pain and Suffering
The insurance company would also be liable for replacing your bicycle as well as any other out-of-pocket expenses associated with the accident. For more information on bicycle accidents see my bicycle accident page at http://www.rozeklaw.com/wisconsin-bicycle-accident-lawyer.htm.
Feel free to contact me to discuss this further.
Attorney Randy Rozek
Rozek Law Offices, S.C.
407 W. SIlver Spring Drive
Milwaukee, WI 53217
414-374-4444

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Posted

I'm handling a claim right now with similar facts. You'll find lots of good information on avvo.com explaining what damages you are entitled to.

The at fault party (specifically their insurance) is liable to pay for damages that flow from the injury. If you are off work they are responsible for those damage.

They are responsible for mileage to the doctor also. There are a great number of attorneys that would give you great advice in Milwaukee.

Feel free to check out my blog for additional information.
http://jonpgroth.com/2008/04/15/what-is-my-personal-injury-case-worth/

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