Archive | Rules of the Road

Q: If I am not in a bike lane and am injured, can I still seek damages?

A: By law, bicyclists should utilize bike lanes when they are safely available. However, even if you were not riding in a bike lane, if the motorist who struck you was negligent, you may still seek damages and have a viable claim. Different circumstances in each accident can affect the outcome in a personal injury claim. […]

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Q: In a parking lot accident, where the right-of-way was not clear, can I still seek compensation for my injuries?

A: Determination of fault in a parking lot accident comes down to a question of reasonableness. Could or did the driver see you? Could he have avoided striking you? Was he driving too quickly? Comparative fault is important to the extent that if you played a role in causing the accident, the amount of compensation […]

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Q: My child was hit by a car while darting into the street. Am I at fault? Can I still pursue a claim against the driver?

A: Protecting a child in your care is your responsibility to a degree. But if your child was hit by a motorist who could have avoided doing so had he exercised reasonable care and reasonable precautions, a claim still exists against the driver. For example, somebody might be driving their car at the posted speed limit and […]

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Q: I was hit by a car coming out of parking garage. Who is at fault?

A: The driver of a vehicle when entering or exiting from an alleyway, building, private road, parking garage or driveway must yield the right-of-way to any pedestrian on a sidewalk. According to the National Highway Traffic Safety Administration (NHTSA), one out of every five car accidents occurs in parking garages and parking lots. If you are […]

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