What is the name of your state? DE
let's say hypothetically, a person were pulling out of a parking lot. there is a cross walk to the right and a wall/fence to the left. the driver looks left, looks right, waits for a car to pass and then starts to pull out (without hitting gas, simply releasing the brakes).
out of the corner of the driver's eye, he sees a cyclist coming full speed from the left. he hits the brakes, but the nose of the car bumps the biker's back wheel and he flips off the bike. the driver immediately puts the car in park and gets out. he first asks if the biker is ok, and the biker responds that he is fine. the driver then picks up the bike and helps the biker over to the sidewalk.
the driver repeatedly asks the biker if he is fine, which all responses are yes. he looks dismayed, but has no apparent injuries. "I'll be fine as long as my chain pops back on," he says, and it does. the driver asks several times if the biker would like a ride to where he is going, all of which are responded to in the negative. The biker asks at one point if the driver's car is ok, and the driver replies "That doesn't matter, are you ok?" (There are several scratches on the car from the bicycle). After apologizing several times and asking several more times if the biker is ok (all of which are affirmative), the biker says to "Be more careful next time," and then walks away with his bike. The driver gets in his car and leaves. No information is exchanged, but there were many witnesses at the crosswalk and in the cars behind the driver.
Could the biker bring any sort of suit against the driver? Since the driver went to lengths to see if the driver was hurt or if he needed a ride, all of which were negative, could the driver still bring any sort of suit?
let's say hypothetically, a person were pulling out of a parking lot. there is a cross walk to the right and a wall/fence to the left. the driver looks left, looks right, waits for a car to pass and then starts to pull out (without hitting gas, simply releasing the brakes).
out of the corner of the driver's eye, he sees a cyclist coming full speed from the left. he hits the brakes, but the nose of the car bumps the biker's back wheel and he flips off the bike. the driver immediately puts the car in park and gets out. he first asks if the biker is ok, and the biker responds that he is fine. the driver then picks up the bike and helps the biker over to the sidewalk.
the driver repeatedly asks the biker if he is fine, which all responses are yes. he looks dismayed, but has no apparent injuries. "I'll be fine as long as my chain pops back on," he says, and it does. the driver asks several times if the biker would like a ride to where he is going, all of which are responded to in the negative. The biker asks at one point if the driver's car is ok, and the driver replies "That doesn't matter, are you ok?" (There are several scratches on the car from the bicycle). After apologizing several times and asking several more times if the biker is ok (all of which are affirmative), the biker says to "Be more careful next time," and then walks away with his bike. The driver gets in his car and leaves. No information is exchanged, but there were many witnesses at the crosswalk and in the cars behind the driver.
Could the biker bring any sort of suit against the driver? Since the driver went to lengths to see if the driver was hurt or if he needed a ride, all of which were negative, could the driver still bring any sort of suit?
