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To Sue Or Not To Sue?

Been involved in a traffic accident? Discuss traffic laws here

To Sue Or Not To Sue?

Postby Lyfing » Wed Nov 02, 2016 4:25 pm

I was riding my bicycle through a parking lot because the city had closed the bike path(for construction) which I would normally had been riding on.  I was hit by an SUV entering the parking lot because the large sign displaying the tenants of the plaza was located at the entrance of the parking lot, blocking the view of both the driver and myself.  The reason I was riding in the parking lot and not the sidewalk adjacent to the lot is because:  1)  tress, mailboxes and newspaper boxes are installed in the middle of the sidewalk, reducing the allowable space on which to ride by about half 2)  trees lining the sidewalk have not been trimmed and hang over the sidewalk so low that it hits passersby and, obviously, cyclists.  I am suffering sporadic back pain from the collision and I am currently undergoing physical therapy treatments for it, but my medical insurance is covering all the cost except co-pays.  The woman who hit me paid for repairs on my bike, and I am satisfied with that.  But, should I sue the city for not putting warning signs alerting motorists of cyclists in the area and not providing a suitable alternate riding path and/or the plaza property management for those signs that obstruct the views?  
Lyfing
 
Posts: 35
Joined: Sun Jan 12, 2014 12:25 pm

To Sue Or Not To Sue?

Postby Dracon » Wed Nov 02, 2016 5:48 pm

Yes Mary, you could sue but you may have great difficulty. First, most municipalities require you must file a claim within so many days of an injury.

Then you have so many days after that to file a lawsuit.

Finally, there are many immunities which protect cities and municipalities that you may beed to defeat in order to win.

You need to consult a local personal injury atty to find out the time limits and statutes of limitation in your state. If you fail to file in time, you cannot recover for your injuries.

Ed Smith
Dracon
 
Posts: 54
Joined: Mon Jan 06, 2014 7:27 am

To Sue Or Not To Sue?

Postby Gaffney » Fri Nov 18, 2016 12:49 pm

I was riding my bicycle through a parking lot because the city had closed the bike path(for construction) which I would normally had been riding on.  I was hit by an SUV entering the parking lot because the large sign displaying the tenants of the plaza was located at the entrance of the parking lot, blocking the view of both the driver and myself.  The reason I was riding in the parking lot and not the sidewalk adjacent to the lot is because:  1)  tress, mailboxes and newspaper boxes are installed in the middle of the sidewalk, reducing the allowable space on which to ride by about half 2)  trees lining the sidewalk have not been trimmed and hang over the sidewalk so low that it hits passersby and, obviously, cyclists.  I am suffering sporadic back pain from the collision and I am currently undergoing physical therapy treatments for it, but my medical insurance is covering all the cost except co-pays.  The woman who hit me paid for repairs on my bike, and I am satisfied with that.  But, should I sue the city for not putting warning signs alerting motorists of cyclists in the area and not providing a suitable alternate riding path and/or the plaza property management for those signs that obstruct the views?  
Gaffney
 
Posts: 42
Joined: Thu Jan 02, 2014 10:05 am


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