I am 55 year old & was hit by a car on my bike, thrown 25 ft. into street. Lawyer asking 100,000!Will I get?

Question

I am a 55 yr. old female, riding my bicycle home from shopping. I was on the sidewlk as it was rush hr. and traffic was heavy. A young lady came out of a gas station quite fast and hit me head on. I was thrown 25 ft into the street and was unconscious for several seconds. I was taken by ambulance to the hospital and received several stitches on the forehead for a nasty cut. I had 2 blackeyes, and several cuts and bruises. I have suffered head & neck pain since and also my depression has gotten worse. The police officer at the scene had the nerve to say that I was at fault because I was going the "wrong way" on the sidewalk. This was an officer who had stopped me a couple of days ago for a headlight being burned out. He had been in a terrible mood that day also. My lawyer is suing for $100,000. I have never sued anyone before, and I am wondering if there is a chance of actually receiving any money from her insurance company? Would it be close to the $100,000 or do they counter offer?

Answer 1

I answered to give a jibe to your "I am 55 year old & was hit by a car on my bike"...What was that car doing riding your bike in the first place?
Then I read your details, and offer a few thoughts. To the "officer" making a judgement as to your rights on the sideway...Demand he define by legal presidence for the auto either on or across the sidewalk...I'm sure he will contend a saftey island is the autos sancturary!
Forgive Uncle rico, as that is a fool that knows not what it does!
As your legal team will confiscate 60% of any settlement...go for millions...even after bargining down you could gwt what you are asking...
I personally doubt that with a non-fatal bike accident, but who knows! Right!

Answer 2

There'll be a lot of negotiations. Insurance adjusters like to clear cases the end of the end and the end of every quarter. Don't rush to settle, Time favors you. The pedestrian and cyclist always has the right of way. You can't go the wrong way on the sidewalk, only the street. Sidewalks are 2 ways--the cop was wrong--notice you didn't get a ticket. Your case is worth 100,000+. Normally, the attorney gets 1/3 in my state--not 40%--but you've already made those arrangements. Your attorney can get a jury verdict research service very cheaply to see what juries awarded in similar cases. Have him/her analyze other verdicts. They will counteroffer and you will reply with another offer and back and forth until you settle or go to trial. You're chances are good.

Answer 3

You are lucky to have a lawyer to handle this for you. And since you do, you need to listen to him and follow his direction (or her). They are, indeed, looking out for their own self interests more than yours.

And at the same time, don't count your chickens before they are hatched. Anything can happen, inclluding ridiculous things like insurance companies going bankrupt and such.

Further, just because you win the case (or settle, which is the usual way they try to go, especially with what you describe), that still doesn't mean (1) you have the money in pocket, or (2) your injuries don't carry into the future after you've already signed off on the matter.

There's a lot to the entire process. Try finding others who have gone through it. Various online searches are always helpful.

Answer 4

The pedestrian always has the right of way ,that includes bicycle riders.You have a very good chance of getting more than that.Make sure you continue your treatment with your Doctor,I hope you get better I would imagine you suffered some serious pain.The jury will think so also.My wife recieved 30,000$ from a car accident and the police report said she was 75% at fault so it is pretty much how good your attorney is. If they are shooting for 100 thousand you will probably get close to it.Do not take any of the first couple of offers.Wait it out until right before you go to court they will settle out.The longer you wait the bigger the check.Well good luck,and like I said I hope you get feeling better.Also remember the more you get the more your attorney will suck up,so hold out to the very end.

Answer 5

If there's no bike lane, you can go after the city for not providing a safe biking environment and was required to use the sidewalk instead.

Also, it's only illegal to ride the sidewalks if the law in the local area specifically says it is. Generally in the US, this type of law is found at the city, county, or state level.

In most parts of L.A. it's legal to ride the sidewalks except in areas that have signs saying not to (i.e. Hollywood Walk of Fame). I had basically the same thing happen to me, though I only went about three feet and only threw out my back. Police officer said I was on the wrong way and that he could ticket me for riding on the sidewalk. I mention that the area specifically allows bikes on sidewalk and they don't typically have a set direction. I also reminded him that in LA, pedestrians ALWAYS have right of way, even in the middle of the street.

Answer 6

At least in most cities I have lived, it is illegal to even be on the side walk, and you have to drive in the direction of the traffic.

So the car driver could as noted also counter sue you for thier damges,

But most likely the insurance company will offer a settlement, I doubt if it is much over 40,000 or 50,000 of which your attorney would get most likely 1/3.

Answer 7

you may. Tell your lawyer to go for a jury trial. You are a perfect sympathetic plaintiff. You have lots of damages, and you can relate them all back to the accident. If there is an important element missing in your case, the defense will win the motion for summary judgment and you will lose right off the bat. If your pleading has sufficient material to show there is a genuine dispute of material fact, the judge will allow it to go to trial. Get a good lawyer with excellent verbal skills.. one that can appeal to a jury. Do NOT go for a bench trial. Odds are if the defendant knows he is guilty, he will push his lawyer to SETTLE. You will have the option (it is YOUR choice, not your lawyer's) to settle or to proceed with jury trial. If you are SMART, you will take this case to a jury. 12 nice fat old ladies will feel sorry for you and give you plenty of money to compensate your damages. Good luck!

Answer 8

Money, money, money....I hope you get counter-sued - and get off the sidewalk please. And while you're at it please get that headlight fixed before you hit someone and get sued yourself.
Cops do tend to get fed up with people with no self responsibility and I would suggest that the cop would know the local laws of your area a little better than the folk on here.

Answer 9

An insurance settlement will depends on the limits of the person's insurance. Most coverage carries a limit of liability for the insurance copy. This can be as little as $10000 dollars or as much as several million. What type of car was she driving? If it was a relative inexpensive car, her limits might be low. It depends on the driver and the type of policy they have. Plus your attorney will get 40 % (or maybe more) of any settlement, so there is that to consider. if you want to get more that the insurance limits, you have to file a separate suit against the driver. More expense and an additional attorney fee. I would not start counting my money yet.

Answer 10

That policeman ought to be .........It seems like you might have a good chance of recovering money from the insurance company, but they will probably counter with an offer for much less money and you'll have to decide how much you want to go back and forth with it.