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I don't know if this is the proper place to ask this, but I cannot find anywhere more appropriate, so here goes. My sister was riding her bike along the sidewalk of a busy 4 lane road last week. She was crossing the entrance to a gas station and was hit by a car. The car was turning from the far lane into the gas station. According to my sister, there was a van in his field of vision, so he couldn't see my sister. We have been told by the investigating officer that my sister at fault for this because a) She was riding her bike on the sidewalk (4 lane busy road! -- 15 year old girl), and b) she was riding on the wrong side of the road (she was on the sidewalk!). We are in Ontario, Canada but I imagine laws like this are similar in most places. If anyone has any thoughts, or can direct to somewhere where I can investigate this some more it would be greatly appreciated. We are planning on getting a lawyer very soon but if we have no chance at winning we cannot afford to. - Ben Hearsum
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On Mon, 20 Sep 2004 13:02:17 GMT, Ben <xppc@better.than.your.wittydomain.com> wrote:
I don't know if this is the proper place to ask this, but I cannot find anywhere more appropriate, so here goes. My sister was riding her bike along the sidewalk of a busy 4 lane road last week. She was crossing the entrance to a gas station and was hit by a car. The car was turning from the far lane into the gas station. According to my sister, there was a van in his field of vision, so he couldn't see my sister.
Nah, doesn't matter ... he needs to operate his vehicle and CONTROL same ...... Hitting kids on bicycles is BAD!
We have been told by the investigating officer that my sister at fault for this because a) She was riding her bike on the sidewalk (4 lane busy road! -- 15 year old girl), and b) she was riding on the wrong side of the road (she was on the sidewalk!). We are in Ontario, Canada but I imagine laws like this are similar in most places.
SURE, get a new cop. This one is bogus!
If anyone has any thoughts, or can direct to somewhere where I can investigate this some more it would be greatly appreciated. We are planning on getting a lawyer very soon but if we have no chance at winning we cannot afford to. - Ben Hearsum
OK I am x-posting to a spot where there are a few Canadian guys .. who know what they might know! Joel
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On Mon, 20 Sep 2004 09:32:19 -0400, Joel M. Eichen wrote:
On Mon, 20 Sep 2004 13:02:17 GMT, Ben <xppc@better.than.your.wittydomain.com> wrote: Nah, doesn't matter ... he needs to operate his vehicle and CONTROL same ...... Hitting kids on bicycles is BAD! SURE, get a new cop. This one is bogus! OK I am x-posting to a spot where there are a few Canadian guys .. who know what they might know! Joel
That's what I thought. Thanks :). Time to look for a lawyer. - Ben
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CARS are always at fault with an encounter between a motor vehicle and a pedestrian/biker/roller skater, etc. JOEL On Mon, 20 Sep 2004 23:11:06 GMT, Ben <xppc@better.than.your.wittydomain.com> wrote:
On Mon, 20 Sep 2004 09:32:19 -0400, Joel M. Eichen wrote: That's what I thought. Thanks :). Time to look for a lawyer. - Ben
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CARS are always at fault with an encounter between a motor vehicle and a pedestrian/biker/roller skater, etc. JOEL
You're due a big THANK YOU from the gun lobby. and one from me - I love it when a die hard liberal makes me laugh. carabelli
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On Tue, 21 Sep 2004 01:34:56 GMT, "carabelli" <huerter@worldnet.att.net> wrote:
You're due a big THANK YOU from the gun lobby. and one from me - I love it when a die hard liberal makes me laugh. carabelli
REPLY This is true ....... when there's an encounter between a Hummer and a skateboarder, I am ALWAYS on the side of the skateboarder ... the little guy! Joel
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Most lawyers will take it on a contingency.
I don't know if this is the proper place to ask this, but I cannot find anywhere more appropriate, so here goes. My sister was riding her bike along the sidewalk of a busy 4 lane road last week. She was crossing the entrance to a gas station and was hit by a car. The car was turning from the far lane into the gas station. According to my sister, there was a van in his field of vision, so he couldn't see my sister. We have been told by the investigating officer that my sister at fault for this because a) She was riding her bike on the sidewalk (4 lane busy road! -- 15 year old girl), and b) she was riding on the wrong side of the road (she was on the sidewalk!). We are in Ontario, Canada but I imagine laws like this are similar in most places. If anyone has any thoughts, or can direct to somewhere where I can investigate this some more it would be greatly appreciated. We are planning on getting a lawyer very soon but if we have no chance at winning we cannot afford to. - Ben Hearsum
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On Tue, 21 Sep 2004 13:44:29 GMT, "Jade" <NOSPAM@yahoo.com> wrote:
Most lawyers will take it on a contingency.
REPLY What is 40% of a new bicycle? Joel
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Ben, From your post it is not clear why anyone is planning to get a lawyer. Was your sister seriously injured? Was the car damaged? Hiring an attorney and suing can be expensive. It sounds as if the police have held your sister at fault since she was operating a vehicle on a sidewalk and was traveling in the wrong direction. I don't see that you have much of a chance. But many lawyers will give a free initial consult and many lawyers will take cases on a contingency basis so call and see what a local lawyer thinks about this event. Good luck, Dave M.
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"David Martel" <marte005@earthlink.net> wrote in message news:<okq4d.11035$mb6.2056@newsread3.news.atl.earthlink.net>...
Ben, From your post it is not clear why anyone is planning to get a lawyer. Was your sister seriously injured? ...
If so, most lawyers will take the case on a contingency fee. Even if just minor injuries, you should at least be able to get some settlement from the driver's insurance company. Rather than forget about it completely, I'd at least contact the insurance company and see what they're willing to offer. Say something like: "We just wanted to check to see if you have any sort of an offer before we decide whether we need to speak to a lawyer."
... Was the car damaged? ...
Probably makes no difference, even if it was actually the child's fault, unless the law up there holds 15 year old children liable for neglect, and I doubt it.
... Hiring an attorney and suing can be expensive. ...
Not usually for personal injuries which are typically handled on a contingency fee basis.
... It sounds as if the police have held your sister at fault since she was operating a vehicle on a sidewalk and was traveling in the wrong direction. ..
The opinion of the police doesn't matter -- at least in Arkansas. It is the opinion of the jurors, or the judge if tried non-jury. Furthermore, unless the police actually witnessed it, I doubt that they would have much impact on the case other than to possibly report statements made to them on the scene, etc.
... I don't see that you have much of a chance. ...
This is why non-lawyers shouldn't be giving assessments on the merits of a legal matter.
... But many lawyers will give a free initial consult and many lawyers will take cases on a contingency basis so call and see what a local lawyer thinks about this event.
True. Good luck. Bill Velek Bill Velek Bill Velek Bill Velek Bill Velek Bill Velek Bill Velek Bill Velek Bill Velek Bill Velek Bill Velek Bill Velek Bill Velek Bill Velek Bill Velek epj)*%*( Velek
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Bill, In the event of a minor injury would there be any payout? Canada has socialized medicine. While I did recommend speaking with a lawyer I don't see based on the small amount of information provided how the expense of a lawyer will be justified. The OP did not mention injuries so I'm assuming that we are dealing with a bent bicycle and some scraped auto paint. Would you take such a case on contingency? Dave M.
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"David Martel" <marte005@earthlink.net> wrote in message news:<5EL4d.12766$n16.8081@newsread2.news.atl.earthlink.net>...
Bill, In the event of a minor injury would there be any payout?
My experience is that if there is any physical injury whatsoever which are the fault of the insured, the insurance companies are more than willing to pay at least something in return for a release of all further liability. But I wouldn't expect _too_ much. Cheers. Bill Velek
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