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Old 04-28-2017, 11:44 PM   #11
Disagreeable
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Default Re: I was in a car-bicycle accident

Ditto. You failed to pay attention and struck a fixed object.
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Old 04-29-2017, 10:28 AM   #12
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Default Re: I was in a car-bicycle accident

But the fixed object was laying in the road, why am I liable for that?

That just doesn't seem quite right to me? Shouldn't they have some or all responsibility too?


Jake
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Old 04-29-2017, 12:28 PM   #13
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Default Re: I was in a car-bicycle accident

Quote:
Originally Posted by Unregistered View Post
But the fixed object was laying in the road, why am I liable for that?

That just doesn't seem quite right to me? Shouldn't they have some or all responsibility too?


Jake

You have a duty to stay alert while driving and watch for obstacles in your path. The bike was there for you to see. You didn't see it because you didn't properly look. That's negligence. Had you properly looked you would have seen it and not hit it.

You're welcome to wait until court to see if the judge says otherwise.
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Old 04-30-2017, 06:07 AM   #14
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Default Re: I was in a car-bicycle accident

There is some fault by the bike owner.
You would be taking your chances if you went in front of small claims judge.
But you could possibly convince the judge it was not all or even mostly your fault.
We don't know ALL the facts here based on what you have said so far.
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Old 04-30-2017, 01:16 PM   #15
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Default Re: I was in a car-bicycle accident

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Originally Posted by LJJ View Post
There is some fault by the bike owner.
Possible, but that might differ from state to state. Perhaps the poster will come back and reveal his state for further analysis.

However, as an example, to attribute 100% fault to the driver, the Ohio Supreme Court ruled:

Quote:
that the driver collided with an object which (1) was ahead of him in his path of travel, (2) was stationary..., (3) did not suddenly appear in the driver's path, and (4) was reasonably discernible. McFadden v. Elmer C. Breuer Trans. Co. (1952), 156 Ohio St. 430.
From the Supreme Court of Iowa:

Quote:
Proper lookout means more than merely to look and see an object. It implies being watchful of the movements of the driver's own vehicle as well as the movements of things seen or seeable. It involves care, watchfulness and attention of the ordinarily prudent person under the circumstances. Pazen v. Des Moines Transportation Co., supra, 223 Iowa 23, 30, 272 N.W. 126, 131; Olson v. Truax, 250 Iowa 1040, 1048, 97 N.W.2d 900, 905; Kuehn v. Jenkins, 251 Iowa 718, 725, 100 N.W.2d 610, 615.
Louisiana Court of Appeals:

Quote:
a motorist who strikes any stationary object in the highway is negligent and responsible for resulting damages, either because he was not traveling at a reasonable rate of speed under the circumstances, or he did not have his vehicle under control, or he did not timely see what he should have seen in time to avoid striking the object. Woods v. Employers Liability Assurance Corp., 172 So. 2d 100 - La: Court of Appeals, 1st Circuit.
Doesn't look good for the poster.
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Old 05-11-2017, 06:22 AM   #16
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Default Re: I was in a car-bicycle accident

I went to court three years ago over a similar incident and I lost the case.
As stated above the judge said even though the person was negligent in leaving their scooter laying on the road, I should have slowed down and avoided hitting it.
I still today disagree but that is what he ruled.
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Old 05-12-2017, 04:24 AM   #17
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Default Re: I was in a car-bicycle accident

I think the majority of judges would probably rule that way, but it's not an absolute certainty. If the other party is negligent, some courts will find fault at least partially against that person as well.
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Old 01-12-2018, 08:20 AM   #18
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Default Re: I was in a car-bicycle accident

You may be partially responsible when you hit something that somebody wrongfully left in the road, but the judge can also award damages against the person that left the item as well. Both rulings can occur together.
That is what happened in my case 60 days ago. In Ohio.
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