Bike on bike accident

[lessis more]

San Francisco CA,

My brother was on a the GG brige on a very narrow "path" (aprox 7 feet across), guard rail on on side protecting you from the water below guard rail on the other side protecting you from traffic. he was riding slightly up the other rider slightly down hill. Since pedestrians arn't allowd on this side of the bridge cyclists ride very fast and there is no room for error. There are no markings on the path bikers going either direction are allowed full use of path. The two of them collied on the bridge, both bikes are broken, both had scratches on there legs. the other guy jumped up and began to yell, I'm gonna sue, profanities and so fourth. My brother was will in to suck up the cost of his own bike and move on, the other fellow is not. The police where called, no citations where issued. My brother is in fear of being sued by the other guy. Is there a case for the other fellow. He was riding with another guy and has another witness who was riding behind, my brother does not have any witnesses. I think the guy would like to say my brother veard wide. My brother does not recall this and like I said earlier there is no room for error, so wide could be 12 inches, which on a road or path is no big deal. My brother was on a charity practice ride with 60 other people, there where a lot of novice cyclists on the bridge that day. My brother and the other guy are both very good cyclists. I think the other guy was going way to fast for the conditions. My brother is not looking to sue, he just looking to protect himself.

thanks.

 

[ecmst12]

If he gets sued, he should hire a lawyer to defend him, but it sounds like they were both equally at fault. Witnesses only count if they have no pre-existing relationship with either party in the accident.

 

[moburkes]

Contact his homeowner's insurance company for an attorney to defend him.

 

[jcj]

On the first place it was an accident and nobody likes it, and there's no need of registration and license to ride a bicycle!

 

[moburkes]

On the first place it was an accident and nobody likes it, and there's no need of registration and license to ride a bicycle!

What the heck are you talking about?

 

[lessis more]

So here is an update.

The other guy has contacted my brother via email. He went and got x-rays(nothing broken). He went to a bike shop which will charge him $1900 to put his bike back together. he says homeowners will cover it. The only problem is my brother is a renter and does not have renters insurance.

I think the guy just feels wronged and wants some retribution. The problem being that my brother doesn't make a lot of money. We have a lot of lawer friends so the cost of one will not be to much of a problem but My brother rather not have it escalate that far.

One of his lawer friends broke it down in this scenereo;

California is a partial fault state. So if the other guys bike cost $1900 to fix and My brothers costs $1000 to fix and they are both at fault. and there is an $900 difference my brother could pay half($450).

What does the other guy have that he thinks he can take this to court? Is there a way to settle this without my brother saying he is at fault, which can be held against him later on?

thanks all

 

[moburkes]

We don't know what the other person "has" against your brother. And, I have no idea in what way you feel this could be "used against him" later.

 

[lessis more]

Sorry, for the misunderstanding. Basicly we feel that this was purely an accident, no harm no foul. We don't feel that there is any evidence to say other wise. I guess I was asking what leg does this guy have to stand on to go to court. How much evidence does he really need?

The other part of the question i posted earlier was pertaning to an email corrispondenc the guy started with my brother. He stated the cost of repairing his bike and so on in an email he suggested there that my brother's (non exsistent) home owners insurance will cover this. My brother would like to respond to the email to keep the lines of communication open. But he does not want to compromise himself via email. He does not feel there is specific fault in this accident. Can he say sorry without addmiting fault or discuss money without admitting fault in an email? What things can be discussed without layers and what things can't?

thanks

 

[moburkes]

Of course its an accident.

If I hit your vehicle, by accident, and total it, are you going to fix it yourself?

 

[ecmst12]

Your brother should have renter's insurance. Meaning, he should get it RIGHT NOW. Not that it will help him for this accident, but at least he'll be covered for the future.

 

[ecmst12]

He does not have to respond to the emails. The lawyer friend is correct - in a 50-50 fault situation in CA, each person can recover half their damages from the other. It's a pretty dumb way of handling things, and not many states follow that rule; in most states, one person must be 51% or more at fault in order for the other party to be able to recover anything. BUT, you're in CA so that's what you have to go by. IMO, your brother should get an estimate for the damage to his bike, and hang onto it. If the other guy decides to sue, then he can counter sue for half of his own damages. I would definitely advise hiring a lawyer if it does end up going to court. Talking to a guy that sue-happy though, sounds like a recipe for disaster.

 

[lessis more]

Thanks ecmst12 for answering the questions, this is real helpful.