Premises Liability Sidewalk blocked...broke my leg

[coolangus]

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.

 

[cbg]

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

 

[coolangus]

i figured for blocking the sidewalk

 

[army judge]

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

 

[mightymoose]

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.

 

[disagreeable]

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.

Stopping at sidewalk before entering roadway
(Section 316.125, F.S.)

arrow The driver of a vehicle emerging from an alley, building, private road or driveway within a business or residence district shall stop the vehicle immediately prior to driving onto a sidewalk or onto the sidewalk area extending across the alley, building entrance, road or driveway, or in the event there is no sidewalk area, shall stop at the point nearest the street to be entered where the driver has a view of approaching traffic thereon and shall yield to all vehicles and pedestrians which are so close thereto as to constitute an immediate hazard.

Not to stop, stand, or park a vehicle on a sidewalk or crosswalk
(Section 316.1945(1)(a)2,4, F.S.)

arrow Except when necessary to avoid conflict with other traffic, or in compliance with law or the directions of a police officer or official traffic control device, no person shall stop, stand, or park a vehicle on a sidewalk or on a crosswalk.

Driver duty to exercise care
(Section 316.130(15), F.S.)

arrow Notwithstanding other provisions of this chapter, every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian or any person propelling a human-powered vehicle and give warning when necessary and exercise proper precaution upon observing any child or any obviously confused or incapacitated person.

 

[cbg]

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.