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My child suffered a serious head accident while on his bicycle in a bike lane when he was hit by a car that turned right in front of his path. Who, besides the car driver, can be held responsible?
It is commendable that your community has put bike lanes in. However, by putting in the lanes, your community took on a duty to make sure that the lanes are safe to use. You will want to examine whether the lanes were clearly marked and fully visible.
Moreover, were signs posted cautioning drivers to yield to bikes traveling in the bike lane? It is very possible that the design, construction, or markings and signage associated with the bike lane contributed to the accident, which would make your city or municipality share in the liability for the accident.
If you decide to proceed against a government entity, you need to research exactly which government body is responsible as there could be more than one. For example, in some states, you may be dealing with a township rather than a city or county. The township can be a governmental entity covering a specific geographic area on its own; it may also be an association of towns or cities that share certain benefits, costs, and liabilities, and both a township and a city could share responsibility for keeping the roads safe. An accident on a highway could also include county, state or even the federal government if it’s an interstate highway.
If you are filing a claim against the government, many municipalities or government entities have a requirement that a written claim must be filed with them within a shorter period of time, usually within three or six months from the date of the accident, prior to any lawsuit being filed. Moreover, in some areas, the local government must have written notice of the dangerous condition before it can be held responsible.
Government entities (e.g., federal, state, city, county, township) may have immunity against lawsuits, other than for actual costs, or may have limits for damages, and these vary from state to state and local municipality to local municipality. Though government entities may claim immunity, you can still sue them for negligence and for pain and suffering as in any other case if they are at fault. Some examples include an unsafe highway where the front wheel struck a pavement defect in the town bike lane caused by tree roots hidden by shade, or a traffic light that wasn’t working. Your case is not necessarily shut out even if the government’s attorneys cling to a governmental immunity defense.
Because of the complexity of the rules in dealing with government entities, you need to get into touch with an experienced personal injury attorney as soon as possible to investigate your options. |
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