My husband was hit by a car while riding his bicycle who is at fault?

If you have been injured due to someone else's negligence, you may consider filing a personal injury lawsuit. If your injury is not serious you may want to pursue other options. After suffering a injury you only have a certain amount of time to file a lawsuit. The statute of limitations varies by state.

Gather all pertinent documents and any evidence at your disposal. Much of the record keeping should be done from the moment of the accident, before you even meet with your personal injury lawyer. Write down everything you remember about what happened, before, during and right after the accident. Videotapes, photographs and witness names and testimony will help a great deal. Then contact a personal injury lawyer. Your personal injury lawyer will take your case through civil court proceedings and will try and contact the other party to reach a settlement. Filing an official lawsuit may not be necessary.

Get a California lawyer, today! Check with a lawyer in your locale to discuss more of the details. If you wait too long your rights will be lost.

Good luck to you.

God bless.

NOTE: This answer is made available by the out-of-state 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 that practices in the subject practice discipline and with whom you have an attorney client relationship along with all the privileges that relationship provides. 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.

I'd want to ask a lot more detailed questions, but I believe your husband's claim has potential. Were there neutral witnesses" If so, what did they say, or can they be found to give a statement? If the driver admitted seeing your husband and failed to take some sort of evasive action, then the driver will have some liability.

Most personal injury attorneys give a free initial consultation and so don't waste time, find an experienced attorney and go. It will cost you nothing because once an attorney gets involved in a case the insurance industry's own statistics show that the value of a claim doubles.

This answer is provided for informational purposes only. Actual legal advice can only be provided in an office consultation by an attorney licensed in your jurisdiction, with experience in the area of law in which your concern lies.

Based on the facts you presented, I'd say that the driver of the car is at fault. Drivers have the duty to make sure they don't run into other people using the road. What difference would it make if the bike rider signaled earlier? Sounds like a pretty solid personal injury case to me. If your husband's injuries are serious, hire a personal injury attorney. Usually insurance companies do not negotiate fairly with non-lawyers (and they don't negotiate fairly with lawyers either, but at least the lawyers know that).

I am sorry to hear about your husband's accident. Generally, the driver of the car following a bicycle is liable under such circumstances, as the car driver has the duty of maintaining safe speed and reasonable distance from the bicyclist. Retaining an injury lawyer might be helpful to insure fair recovery for your husband. Thanks, and feel free to follow up.

Arkady Itkin
San Francisco Injury Lawyer

I am a biker lawyer. I have offices all over the State. You should call for a free consultation at 800-816-1529 ext. 1. You may also go to my personal injury website at www.thepersonalinjury.com