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Car hits bicyclist in oncoming traffic - bicyclist at fault

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jamal123

Junior Member
State of NH - My son's brakes failed - he almost got to the other side of the road when motorist swerved from his lane onto oncoming traffic and hit my son 2.3 feet away from white line - police chief said it was my son's fault - skid marks from motorist was 39 feet and shows where they collided. Is this so-called chief correct? Son has severe injuries. It took eight days for chief to get back to me about accident. He did not take statements of the two friends who were directly behind my son and saw the whole thing. He did take the statements of the people who were behind the motorist - they are friends of the motorist. Health insurance will not pay for emergency visit. Can I sue motorist for bills, pain and suffering?? :confused:
 


stephenk

Senior Member
"My son's brakes failed - he almost got to the other side of the road when motorist swerved from his lane onto oncoming traffic and hit my son 2.3 feet away from white line "

what?
 

jamal123

Junior Member
State of NH - My son was on his bicycle when the accident occurred. Was that your question? Thanks The motorist was going north - my son was coming from a side road heading west.
 
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CdwJava

Senior Member
Okay ... I'm not sure I understand what happened ... your son was crossing the road - but his brakes "failed" thus he crossed the road unsafe and in front of oncoming traffic. A car swerved - I presume to miss him, or someone/something else - and then struck your son.

Without seeing a diagram, I can only say that it sounds like your son may be at fault. If his brakes failed, that implies that this is an excuse for otherwise illegal behavior ... corssing the road, or traveling where he should not have been. otherwise, why would the brakes issue for the bicyclist be a concern?

I'm having a hard time picturing the scene.

Here's what would help:

(1) Direction of the roadway the car was traveling on (north-south, or east-west) and the number of lanes in each direction.

(2) Direction the bicyclist was headed, and if he was on a cross street or just darting across the road.

(3) Which lane was the car headed and where did the impact occur?

(4) Approximate speed of the cars on that roadway (speed limit or actual speeds).

These might help.

- Carl
 

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