i got hit on my bicycle by a car but the cop on the scene said because i was riding on the wrong side of the street i cant sue, is this true?
The officer is wrong. Florida is a comparative law state. You can sue the driver. You should contact an attorney as soon as possible to seek additional advice immediately.
False. You can retain a personal injury lawyer to pursue maximum Money damages.
You can sue. Talk to FL injury lawyer asap to learn more about your rights and options.
I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice, and it may not work for your specific situation. I strongly encourage you to consult with a local lawyer to get legal advice and help with your specific situation at your earliest convenience. I am licensed to practice law in Arizona.
Totally wrong. I have settled three very similar cases in the past year. Call an attorney as soon as possible.
A police officer playing lawyer is dangerous. You can sue. Contact a Florida personal injury lawyer.
By providing this legal analysis of the issue presented, no attorney-client relationship is being formed. Additionally, attorney is not agreeing to represent the individual who presented the question concerning the legal issue. A signed retainer agreement is required before an attorney-client relationship is established. The analysis provided is meant solely to provide general guidance about the legal issue presented.
Don't rely on police for liability and lawsuit determinations. They have a very important job, but his is not one of them . Officer is wrong and there are many other things to consider: comparative liability of parties / damages / corroborating facts of loss and witnesses / insurance involvement and/or investigation etc. Consider consulting professionals - injury attorneys in your jurisdiction.
Consult an attorney in your jurisdiction to determine your rights, responsibilities and the appropriate action(s) you may wish to undertake. Answers to questions are for general purposes only and do not establish an attorney-client relationship.
Anyone can sue anyone. The real question is if you Sue will you win? I don't think a police officer, unless he or she also has a law degree, is qualified to make that determination. I believe you would be best served by consulting with a personal injury attorney regarding this matter.
I hope you found this response to be helpful. If so, please click on the "helpful" and/or "best answer" button. This feedback helps me know whether or not I have presented adequate information in answering each question. Any answer I provide to a question is not legal advice, but is merely a very general response to a general question providing limited information. Avvo is a great resource, but should only be used as a guide as to how certain legal issues might be addressed. My response to any question is not to be deemed to create an attorney-client relationship, nor does it create an obligation on my part to respond to further inquiries. This is not an attempt to solicit business. This disclaimer is in addition to any disclaimers that this website has made. I am only licensed in Florida.
Don't get legal advice from a police officer. Get your advice from a personal injury lawyer in your area. The consultation will be free.
This answer is intended for informational purposes only. No attorney-client relationship is established by the use of this site. Nothing on this site is intended to be, nor takes the place of, legal advice.
You can sue. However, your chances of success will depend on many factors. The police officer is not a lawyer - I recommend that you consult with a personal injury lawyer to determine how to proceed.
First off, are you hurt? If not, then don't bother. But if you were injured, then you can and should assert your rights. If you (or a resident relative) have your own auto insurance, then your own PIP benefits will be primary to start paying on your related medical bills. PIP doesn't pay 100% on your medical bills, and there are limits to the total that it will pay, but your attorney can explain those convoluted details. Then, you will want to know whether the driver/owner is/are insured with bodily injury coverage. You also want to know whether you are covered by UM/UIM coverage. If you were riding a bicycle within the course and scope of your own employment, then maybe you qualify for workers' compensation benefits. Even if you are qualified for Comp, it would be a long conversation in deciding whether to avail yourself of those benefits. Additionally, I would want to know whether the at-fault driver/owner was on company business or acting as an agent for someone else and, if so, whether they have insurance to pay your damages. And I would want to know whether the scene itself was inherently dangerous due to a design defect or due to someone causing a hazardous condition by blocking your line of sight or creating uneven pavement or something like that.
You'll want to get proper medical care, if you need it, within 14 days of the incident because our wonderful Florida legislators recently changed the PIP laws to completely screw us if we don't get treated by this arbitrary time. There is much more to all of this, but these are a lot of the initial issues you will want to consider.
At Coffey Trial Law, we represent people who are affected by automobile collisions, wrongful deaths, medical negligence / malpractice, defective products, slip and fall, trip and fall, negligence, strict liability, dogbites, burns, broken bones, brain injury, spine and spinal cord injuries, trucking accidents, premises liability, and most situations where someone else's carelessness causes you harm. We also represent homeowners in claims against their Homeowner Insurance companies for windstorm damage, leaks, roofs, mold, fire and smoke damage, vandalism, explosions, plumbing issues, and other unexpected damage to their homes.
No, he is wrong. Speak with a real personal injury attornrey.
Legal Disclaimer: If this information has been helpful, please indicate below. 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 ensure proper advice is received.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline