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Traffic Law Question



Ben
9/20/2004 1:02:17 PM


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
 
 
Joel M. Eichen
9/20/2004 9:32:19 AM


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
 
 
Ben
9/20/2004 11:11:06 PM


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
 
 
Joel M. Eichen
9/20/2004 8:22:36 PM


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
 
 
"carabelli"
9/21/2004 1:34:56 AM




"Joel M. Eichen" <joeleichen@yahoo.com> wrote in message
news:r0tuk01k2udk0fst43siduvrilk9ve1jmm@4ax.com...

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
 
 
Joel M. Eichen
9/21/2004 4:40:53 AM


On Tue, 21 Sep 2004 01:34:56 GMT, "carabelli"
<huerter@worldnet.att.net> wrote:


"Joel M. Eichen" <joeleichen@yahoo.com> wrote in message
news:r0tuk01k2udk0fst43siduvrilk9ve1jmm@4ax.com...

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
 
 
"Jade"
9/21/2004 1:44:29 PM


Most lawyers will take it on a contingency.


"Ben" <xppc@better.than.your.wittydomain.com> wrote in message
news:pan.2004.09.20.13.02.50.684504@better.than.your.wittydomain.com...

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
 
 
Joel M. Eichen
9/21/2004 9:50:45 AM


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


"Ben" <xppc@better.than.your.wittydomain.com> wrote in message
news:pan.2004.09.20.13.02.50.684504@better.than.your.wittydomain.com...

 
 
"David Martel"
9/23/2004 2:14:44 AM


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.
 
 
billvelek@alltel.net (Bill Velek)
9/23/2004 10:24:46 AM


"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
 
 
"David Martel"
9/24/2004 2:29:21 AM


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.
 
 
billvelek@alltel.net (Bill Velek)
9/28/2004 11:16:20 PM


"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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