February 25, 2015 by Frank Bartlett, Sr.
Q: From Bristol, CT. Do I have a case for a bicycle accident trying to avoid getting hit by a car?
I was riding down a hill on the sidewalk and saw a car encroach into a driveway on the same sidewalk. I attempted to stop but notice that the car stopped and to my knowledge I figured that the car was letting me pass. I continued. But the car commenced up the driveway. Trying to avoid getting hit by the car, I quickly swayed to the side and hit a curb then went flying. I was not able to get the driver’s information, but the driver did call the cops and the ambulance took me to the hospital. The officer took my information as well as the hospital. Now I am stuck with a medical bills and regular doctor’s visit for physical therapy for a dislocated disc, pinch nerve, and a possible injury to my left rotator cuff.
A: Based on the facts you presented, the driver of the car was likely negligent, which would allow you to pursue a claim against him if you are able to locate him. If you are unable to locate the driver, you may still be able to pursue a claim against your own insurance policy for uninsured motorist benefits. In any event, you should speak with a local personal injury attorney who can assist you with this process.
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