In a car accident with a bicycle, who's at fault?

Asked over 4 years ago - Sacramento, CA

My brother (minor) was crossing the street on his bicycle when he collided into a sedan. The other vehicle was going at 40-45 mph, on a residence street with speed limit of 25, as stated by a witness who saw everything from her porch. The police report disregard the witness statement about the speed and concluded that my brother hit the other vehicle; with a bicycle?#!@. But if he was crossing the street going southbound the the other vehicle was going westbound, I'm confused as to how there was damages on the windshield and front bumper and he is still at fault for 51%. He was not wearing a helmet but that shouldn't be counted toward who's fault. And the other person was not cited for speeding at all; could it be becuz she was 5'5'' blond, blue-eyes, 23 yrs old and weight 110 lbs?

Attorney answers (4)

  1. Peter Robert Stone

    Contributor Level 15

    Answered . We would need to review the police report and possibly talk to witnesses. Has your brother been injured?

    Peter :)

  2. Arkady Igor Itkin

    Pro

    Contributor Level 13

    Answered . Generally, you are correct. Whether the bicycle rider is wearing a helmet affects his injuries and damages but not so much the "fault" or liability. Also, although the police report is one piece of evidence, it does not necessarily determine liability, especially if an independent investigation proves otherwise. If your brother sustained relatively serious injuries, it would be worth looking into and investigating.

    Thanks, and feel free to follow up.

    Arkady Itkin

  3. Norman Gregory Fernandez

    Pro

    Contributor Level 15

    Answered . Give me a call for a free consultation at 800-816-1529 x. 1.

    Norm

  4. Lars A. Lundeen

    Pro

    Contributor Level 20

    Answered . Witnesses and facts determined negligence issues. Your parents should consult a personal injury attorney to see whether or not they would be willing to undertake your brother's representation.

    In the interim, no one should give any statement to the adverse insurance carrier nor grant them access to your brother's medical records until such time as your parents have been able to consult with a personal injury attorney on behalf of your minor brother.

    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 within the 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 strongly advises the questioner to confer with an attorney in your state in order to insure proper advice is received.

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