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  #1  
Old 08-22-2013, 11:27 AM
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When to contact a lawyer?

Just last week my older brother was pinned under a truck while riding his bicycle across a 2 lane road,the extent of his injuries was alot of road rash and a broken leg ,he spent 2 days after surgery in the hospital and is on his way to recovery.The accident happened on a stretch of road I travel everyday which lies in a school zone.Crosswalks are at every cross lane and he happened upon a truck in one of those lanes ,he made way out into the road on his bike and the truck proceded to make a u-turn when he was rolled over.I say lawyer up but some of my siblings think that whating for the police report is the right step.

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Old 08-22-2013, 11:31 AM
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He's lucky to be alive. Nothing wrong with speaking to an attorney; they usually don't charge for consultation.
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Old 08-22-2013, 11:32 AM
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Well, what exactly would you do with a lawyer at this point? Do you have any documentation or evidence of any sort? At this point all you have is a story, which in a strictly legal sense, could all be bunk.

I think a police report would at least be a good start.

MV
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Old 08-22-2013, 11:34 AM
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Quote:
Originally Posted by chasinthesun View Post
Just last week my older brother was pinned under a truck while riding his bicycle across a 2 lane road,the extent of his injuries was alot of road rash and a broken leg ,he spent 2 days after surgery in the hospital and is on his way to recovery.The accident happened on a stretch of road I travel everyday which lies in a school zone.Crosswalks are at every cross lane and he happened upon a truck in one of those lanes ,he made way out into the road on his bike and the truck proceded to make a u-turn when he was rolled over.I say lawyer up but some of my siblings think that whating for the police report is the right step.

As a regular bicycle rider, I’m sorry to read of this and have had many horror stories and near tragic encounters that are similar.

Were it me, I would have already contacted an attorney.
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Old 08-22-2013, 11:36 AM
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I would guess, like most states, you have at least a year, probably two, before the statute of limitations runs. Get his medical situation taken care of and also consult an experienced personal injury attorney.
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Old 08-22-2013, 12:55 PM
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lawyer up now.......
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Old 08-22-2013, 02:45 PM
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And I wouldn't sign ANY release. Not from anyone. He may have legitimate, yet to be determined, long term injuries. Yes, a lawyer is recommended.
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Old 08-22-2013, 02:51 PM
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Ditto lawyer up, and I'm not even remotely the litigious type.

If the driver was at fault, there's no way he should pay for anything himself and there could be injuries that haven't presented themselves yet. I know when my brother was hit on his bike, he really didn't get sore for several days and his was a mild accident (at least as far as getting hit by a car while on a bike goes).
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Old 08-22-2013, 04:11 PM
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Maybe I'm not understanding your description of what happened. If there is even the remotest possibility that your brother may be at fault, I'd wait for the police report. Bike riders make illegal moves all the time. Was he walking the bike in the crosswalk? In my state crosswalks are for pedestrians. It's illegal to ride a bike across a road in one, as it should be.
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Old 08-22-2013, 04:16 PM
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Originally Posted by elchivito View Post
Maybe I'm not understanding your description of what happened. If there is even the remotest possibility that your brother may be at fault, I'd wait for the police report. Bike riders make illegal moves all the time. Was he walking the bike in the crosswalk? In my state crosswalks are for pedestrians. It's illegal to ride a bike across a road in one, as it should be.
I don't think it matters what he was doing, he should consult with a lawyer about it.
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Old 08-22-2013, 06:10 PM
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Originally Posted by elchivito View Post
Maybe I'm not understanding your description of what happened. If there is even the remotest possibility that your brother may be at fault, I'd wait for the police report. Bike riders make illegal moves all the time. Was he walking the bike in the crosswalk? In my state crosswalks are for pedestrians. It's illegal to ride a bike across a road in one, as it should be.
It depends on where it happened. Near as I can tell from my reading of NRS, it's not generally illegal to ride a bicycle in a crosswalk or on a sidewalk in Nevada. In fact, it's generally not strictly illegal to drive a car on a sidewalk, but I'm sure the cops would have something to say about it.

Lawyer up, and better sooner than later.
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  #12  
Old 08-22-2013, 06:16 PM
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That does it. The subject of having a video recorder available has come up several times on this forum and yours truly hasn't acted. I'm taking this as a "wake up" call and get both forward and rear facing video cameras installed on the benzers. A police report is nothing more than an 'after-the-fact' THIRD PARTY's opinion about what happened. Was the cop a FIRST HAND witness to the accident? The answer is obvious and thus you have to take steps to protect yourself in any and all instances because there is a good chance if given the opportunity the other party will LIE THEIR ASS OFF.

In the court room it is called 'proving up your case'. The more irrefutable evidence you have on your side of the table, the better.

That said, almost everyone I know that has ridden any type of two wheel conveyance has been injured by those driving four or more wheel conveyances. Some of them are in wheel chairs as a result of exercising their right to 'share the road' with cars and trucks. Cars and trucks do not watch out for motorcycles or bicycles. I know I know, they are SUPPOSED to but they DON'T. So why are surprised when we hear of a two wheeler getting run over?

I heard of one about five years ago, an eighty year old woman out riding her bike on a VERY busy section of the road at 5:00 AM (before sunrise). She was run over and killed by a hit and run driver. BUT, she was out exercising her LEGAL right to share the road at 5:00 AM with the big boys. Let's face it, NO bicycle is a match for a car or a truck, especially one driven by a cell phone yakking, texting moron. I enjoy riding a bicycle A LOT but I've come to realize safe bicycling can only be performed on designated bike paths.

I got into Mercedes Benz because I feel the added safety features are REQUIRED in dealing with texting and yakking on cell phones while drinking a slurpee road idiots. Even then, I sometimes think it isn't enough.

A friend of mine recently settled a personal injury case with the other parties' insurance company for around one fourth of what they should have paid. He had a top rated personal injury lawyer involved, the case drug out for over a year before it finally settled for (IMHO) a low ball amount. His back pain and medical bills will continue LONG after the money has run out. And, they say the system is working. It sure is, it's working us over and sucking us dry.


Last edited by HuskyMan; 08-22-2013 at 06:34 PM.
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