I'm only dealing with "causation" from the insurance company because they said my doctors didnt clearly state that I got hurt in the accident. I went to the ER less than 24hrs of the accident and I have no medical history for my injuries (knee/hip) and I have proof that I was an extremely active and fit person. I suffered a cracked patella (surgery) and torn ligament (future surgery) in my hip. I just don't understand how they can argue that when I wasn't liable, I have no prior medical history, promptly went to the ER and proof I was just at the gym for 3hrs, which was less than 30min before the accident. Do you think they really have a causation defense or are they just trying to stall until I give into a bad settlement offer?
i was riding my bike on the sidewalk going straight and got hit by a commercial truck who rolled through the stop sign and hit me while i was crossing the intersection. i was found at fault by police because the city law says i cannot ride on the sidewalk! mind you no signs or anything indicating to bikers not to ride on sidewalk. will this be a hard case for a lawyer to defend or in your opinion will the case settle?
It depends on the laws of the state where this happened. If it is a comparative fault state, you probably have a good chance of obtaining a recovery even if a jury assigns some degree of fault to you for riding on a sidewalk. Obviously, the truck driver driver had a duty to pay attention to the roadway in front on his/her vehicle. If you live in a "pure contributory negligence" state, you won't be able to recover even if you are 1% at fault. We discuss contributory and comparative fault in more detail in this video: ruclips.net/video/zigDPFMcGMs/видео.html
@WILLIAMSELLEBY thanks. this happened in CA. whats even more confusing. state law allows bike riding on the sidewalk but city law doesnt. can the city be sued for no signage of no bike riding on sidewalk ?
@@bigpp0369 Good question be we are only licensed to practice in Georgia. Wish we could help but you would be better served reaching out to a CA injury lawyer.
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Very useful for me being out of the USA
I'm a PI Paralegal jr. Thnx for all the info💪
Glad to help
I'm only dealing with "causation" from the insurance company because they said my doctors didnt clearly state that I got hurt in the accident. I went to the ER less than 24hrs of the accident and I have no medical history for my injuries (knee/hip) and I have proof that I was an extremely active and fit person. I suffered a cracked patella (surgery) and torn ligament (future surgery) in my hip. I just don't understand how they can argue that when I wasn't liable, I have no prior medical history, promptly went to the ER and proof I was just at the gym for 3hrs, which was less than 30min before the accident. Do you think they really have a causation defense or are they just trying to stall until I give into a bad settlement offer?
This is a common tactic that insurers use. See if your doctor will write a short letter on your behalf stating that the wreck caused your injuries.
@@WILLIAMSELLEBY thanks
i was riding my bike on the sidewalk going straight and got hit by a commercial truck who rolled through the stop sign and hit me while i was crossing the intersection. i was found at fault by police because the city law says i cannot ride on the sidewalk! mind you no signs or anything indicating to bikers not to ride on sidewalk. will this be a hard case for a lawyer to defend or in your opinion will the case settle?
It depends on the laws of the state where this happened. If it is a comparative fault state, you probably have a good chance of obtaining a recovery even if a jury assigns some degree of fault to you for riding on a sidewalk. Obviously, the truck driver driver had a duty to pay attention to the roadway in front on his/her vehicle. If you live in a "pure contributory negligence" state, you won't be able to recover even if you are 1% at fault. We discuss contributory and comparative fault in more detail in this video: ruclips.net/video/zigDPFMcGMs/видео.html
@WILLIAMSELLEBY thanks. this happened in CA. whats even more confusing. state law allows bike riding on the sidewalk but city law doesnt. can the city be sued for no signage of no bike riding on sidewalk ?
@@bigpp0369 Good question be we are only licensed to practice in Georgia. Wish we could help but you would be better served reaching out to a CA injury lawyer.
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