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Sidewalk blocked...broke my leg Premises Liability

Discussion in 'Accidents, Injuries, Negligence' started by coolangus, Sep 22, 2012.

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  1. coolangus

    coolangus Law Topic Starter New Member

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    I was riding my bicycle on the sidewalk. There was a car blocking the sidewalk coming out of a condominuim so it forced me onto the street to go around it. The car could not turn into the flow of traffic due to heavy oncoming traffic so he was just sitting there. As I was riding back up on the sidewalk, the bike slipped from under me and I fell, dislocating my ankle and snapping my tibia and fibia. This left me needing surgery and a 5 day stay at the hospital. Police were on scene with the ambulance. I am not sure if driver was cited because I was hauled away in the ambulance, so I want to know if I can seek compensation from driver, condo, or city for medical bills and much pain and suffering.
     
  2. cbg

    cbg Super Moderator

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    It's unclear to me how the driver is at fault?
     
  3. coolangus

    coolangus Law Topic Starter New Member

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    i figured for blocking the sidewalk
     
  4. army judge

    army judge Super Moderator

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    You should speak with a couple of local personal injury attorneys. If you have a case, one of them will take your case for a percentage (usually 33-40) of what you recover. Good luck.


    Sent from my iPad3 using Tapatalk HD
     
  5. mightymoose

    mightymoose Moderator

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    Your biggest problem is that you were riding on the sidewalk where you don't belong.
    What if a car was driving down the sidewalk and hit someone on a bike who was obstructing the path? Is the person with the bike responsible? I think not.
    Bikes belong on the roadway.
     
  6. disagreeable

    disagreeable Well-Known Member

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    The car never touched you. You failed to properly control your bicycle. You had the option to stop and instead relied on your obviously lacking ability to go around. You had your accident from riding unsafely, not due to the drivers actions.

    Here are FL driver statutes, which the driver complied with, from your description.
     
  7. cbg

    cbg Super Moderator

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    And where was the car supposed to be? How was the driver supposed to get out into the road from the drive without at least temporarily "blocking the sidewalk"? When you're driving the car, or even riding your bike, and you want to make a left turn, how do you do it without temporarily blocking traffic?

    I see no reason why the driver should have been cited for anything, or how your own failure to control the bike when you were on a sidewalk you weren't supposed to be on gives you grounds for compensation from anyone.
     

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