QUESTION
Can I sue for personal injury if I did damage to a vehicle?
Asked on May 13th, 2015 on Personal Injury - Utah
More details to this question:
I was riding my bike early afternoon in the bike lane next to parked cars when a lady opened her car door and I hit the door and flew over my bike. Neither of us saw the other coming and she wants to sue me because I damaged her car door but I was wondering if I could sue her for personal injury. Can I do this even if I damaged her car?
13 ANSWERS
Ronald A. Steinberg
Yes. Absolutely.
Answered on Aug 31st, 2015 at 8:07 PM
1 Award
She was probably more at fault than you were, since she opened the door without looking. It would probably be a close case, however, and I don't know if it would be worth your while to do that. The statute of limitations would expire three years from the date of the accident.
Answered on May 15th, 2015 at 1:30 PM
Civil Litigation Attorney serving New York, NY
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Havens & Lichtenberg PLLC
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You can sue the woman for personal injury. She might sue you for the damage to the car; and she can do it first or assert it as a counterclaim in response to your law suit. It is not possible to promise that you will win 100%: your attorney will say that you were in the bike lane, and it was her responsibility to loo back and see if it were safe to open the door; her attorney will say that you were riding your bike too close to the parked cars. How will the judge (or the jury) find will depend on many factors - how far from the middle of the bike lane you were riding, how heavy was the adjacent traffic, etc. The court will decide what %% of the fault for this accident is on each party - and assign damages accordingly. There are certain arguments that should shift the fault away from you quite a lot, and, in any case, your damages are likely much larger than the damages sustained by the other side - so you should come up the winner.
Answered on May 14th, 2015 at 2:17 PM
Lisa Hurtado McDonnell
Well it a question of liability, who more responsible? And as for injuries did you go to a doctor or hospital?
Answered on May 14th, 2015 at 1:19 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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See an attorney, you may well have a case and a defense.
Answered on May 14th, 2015 at 1:14 AM
Sure, why could you not sue, even if you might have some negligence [that only reduces the amount of damages you can collect, not eliminate any damages]. ?You can also sue for the damage to your bicycle. ?She is not allowed to open her car door unless it is safe to do so; if she had looked in her side view mirror and then waited a few seconds the accident presumably would not have occurred.
Answered on May 14th, 2015 at 1:12 AM
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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You can certainly argue she should have checked her side view mirror before opening her door. She could have avoided the crash if she had done so. I doubt anyone is going to sue you for the damage to the door. If anyone contacts you, threaten to sue them for her carelessness in flinging her door open.
Answered on May 14th, 2015 at 1:11 AM
James Eugene Hasser
Yes, you can sue her and if you get sued back or she sues first, turn the claim over to your car insurance company and let them handle it.
Answered on May 14th, 2015 at 1:03 AM
Edwin K. Niles
The lady violated section 22517 of the Vehicle Code. She is entirely at fault.
Answered on May 13th, 2015 at 4:55 PM
Thomas Edward Gates
If she was parked in the bike lane and you were properly in the lane, you may file a claim against her insurance company. She was negligent in egressing her car.
Answered on May 13th, 2015 at 4:43 PM
Sex Crime Attorney serving Salt Lake City, UT
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Jefferson and Biggs
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Sure, but you should retain an attorney to help with this.
Answered on May 13th, 2015 at 4:27 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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Yes. The question will be who committed the greater share of the negligence. Find a good personal injury lawyer. It's almost always worth the investment. Good Luck.
Answered on May 13th, 2015 at 4:27 PM
Personal Injury Law Attorney serving Naperville, IL
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Law Office of Barry R. Rabovsky
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Did you seek medical attention for your injuries and do you know if there was a police report for the incident?
Answered on May 13th, 2015 at 4:27 PM