Bike riding on a sidewalk accident

[gosunshinego]

Location: CA
Matter: Car/ Bike Accident
Other Lawyer Involved? No

Question:
My daughter was riding her bike on the SIDEWALK on a one way street against the traffic. She saw a car begin to emerge from a parking lot ahead of her, and expected the driver to see her. They didn't, but once my daughter realized this, she was quite close to the car. She began to brake, but the wet ground caused her bike to slip, and it ended up underneath the automobile. She is still unsure how (can't remember). All the while, the car was still moving; the driver didn't seem to have noticed her, and as a result, my daughter's bike is damaged. My daughter is OK. We didn't do anything, but the driver went and filed a police report. The driver's insurance called and my daughter told the insurance company her side of the story. I received a letter from the Insurance saying that they are happy that my daughter is not injured and she has the right to file a law suit before the age of 20. Failing to do so, we will be entitled to deny our claim.
Today, the Insurance of the driver denied the claim saying that my daughter said that the bike slid under the car. The bike frame is bent and the pedal is bent too. My daughter feels that it is the driver's fault because she kept moving and didn't see her.
Should I forget about it or could an attorney help?

Age of involved: 15

 

[ecmst12]

I'm not entirely sure whose fault this would be. A bicycle is not a pedestrian and in most places, you are not allowed to ride a bike on the sidewalk. You might want to consult an attorney in your area at least to get an expert opinion on whose fault it was. It doesn't look good though - once she saw the car, she really should have stopped to let it go. The driver was looking for traffic and not expecting a vehicle to be on the sidewalk coming towards it. If she had been in the street, he might have seen her.

 

[FlyingRon]

Your daughter needs to learn that bicycles are vehicles. This is one of those cases where both drivers had duty to see and avoid and both failed to do so. Usually in this case you each take care of your own damages.

 

[Zigner]

My daughter feels that it is the driver's fault because she kept moving and didn't see her.

Bicycles are vehicles that are not supposed to be ridden on the sidewalk. You can expect to be responsible for the damages to the car that your daughter hit.

 

[CdwJava]

IF the police had been called for a report, it sounds as if your daughter would have been indicated as the party most at fault. Unless riding a bicycle on a sidewalk is permitted where this happened, then she should have been on the road riding in the same direction as traffic ... as it is, she was on a sidewalk riding against the grain of traffic.

Even if riding on the sidewalk WERE permitted, it is likely she would be the parity most at fault anyway as she is the one who struck the other vehicle who was apparently where he had a right to be exiting the parking lot. Although, if the moving vehicle had a clear and unobstructed view of the bicyclist, then an argument can be made that he could have yielded ... though the same can be made of the cyclist - SHE could have yielded to the car.

In any event, the insurance company is not bound by the law to decide fault based upon the Vehicle Code, and they can use whatever formula they choose to in order to determine fault.

I doubt the cost of the bike will warrant an attorney for a lawsuit, but she could always try her hand in small claims court if she chooses.

- Carl

 

[ecmst12]

Actually if she was riding properly in the street, I would put the car at fault since he was coming out of a parking lot and so required to yield to traffic on the road.

 

[CdwJava]

Actually if she was riding properly in the street, I would put the car at fault since he was coming out of a parking lot and so required to yield to traffic on the road.

But, she was riding on the sidewalk ... AND she was going in the direction against the flow of traffic. So, even on the street, it is possible the cyclist would be the at fault party ... though, I would likely cite the vehicle leaving the parking lot as the PCF an argument CAN be made for the cyclist.

- Carl

 

[gosunshinego]

Bike and car accident

Many thanks to all of your replies. I haven't consulted the driving code, but I remember going with my daughter a few years ago to a bike safety presentation at middle school, where the policeman mentioned that you may ride on the sidewalk against the traffic to avoid a kidnapper in a car snatching you from behind. When riding on the street you must ride with the traffic.
Also the bike saw the car but the car was too fast and got in front of the bike so the bike rider had to swerve to avoid it. This is another way to look at it. My daughter was so shocked that she can't remember what exactly happened. She remembers that she was on the street and the car was about to move ahead while the bike was stuck under it and prevented it from moving further. She got up and waved to the driver to see her.
Thanks again.