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Bicyclist hit by Police Car

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carab

Junior Member
What is the name of your state? Michigan

A few years ago my boyfriend was riding his bike, crossing the road when it was his turn to go, and a police car, facing the same direction, evidently without looking for pedestrians, turned right onto the road, driving into the crosswalk and thus hit my boyfriend. He ended up under the car.

His bike was destroyed, his glasses were destroyed, and he was injured.

He (Kevin) is now pursuing the case, but has received a document stating that if the cop is found innocent, Kevin will have to pay for the cop's lawyer fees. Is this for real? The documents also state why the cop should be found innocent. How can this happen if Kevin was HIT by the police car? Can "no fault" apply to this situation, or is that only for cars that hit each other?

I know this isn't relevant, but it just isn't fair that Kevin gets hit by a car while on his bike, wants the justice the cop deserves, and then might have to pay for the cop's lawyer in the end??

Any advice or help is greatly appreciated.
 
Last edited:


seniorjudge

Senior Member
He (Kevin) is now pursuing the case, but has received a document stating that if the cop is found innocent, Kevin will have to pay for the cop's lawyer fees.

How many years ago did this happen?

What do you mean he is "pursuing" the case?

Did he file civil or criminal charges?

What kind of documents did he receive?

Who were they from?


BTW, people are never found "innocent" in our court system. They are either found guilty or not guilty (criminal case) or liable or not liable (civil).
 

carab

Junior Member
It happenend about 3 years ago. He knew he had to get everything rolling a few months ago before the 3 year time period was up. By now it's been over 3 years, but when he first brought the suit it was before 3 years' time.

He filed a small claim against the cop; civil charges. The cop had it moved to the civil division, and the cop is filing a summary disposition to have the case removed, because of "no fault"

He received documents from the cop's lawyer, and has to fill out all of these forms that seem like a National Agency Check is going to be done on him.

In the end of the motion for summary disposition, the lawyer said the cop will be found not liable, and that Kevin should be liable for court and attorney fees of the defendant's.
 

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