Legal Question in Civil Litigation in Florida
auto/bicycle accident
I was in the process of pulling out of a gas station,I had stopped looked to the right and the left proceed to start pulling out to get in right lane of road.My car was angeled to the sharp right of the pull out.A 52 year old lady on a bicycle came riding right into the front of my car.She fell off the bicycle onto the edge of sidewalk and barley right lane of the street.
All she could say was oh my gosh I was ridding to fast,I didn 't se you i was going to fast. The police came the ambulance came and took her in for a cheak over at the ER. She had no scratches nor breaks in her skin.The police told me shehad as much responsilibity to me as I to her.No citation was given,now she is sueing me.She was riding on the sidewalk/against the flows of the traffic,by Fl. laws she was in the wrong.She did not stop at the drive out.as she was supposed to do.I only haved $10,000. coverage for this state farm is also sueing me.I have nothing in my name.What are her chances in court?
2 Answers from Attorneys
Re: auto/bicycle accident
It depends on the facts. sounds like you have a pretty good defense. Ask your lawyer to answer this question for you. He or she will have the necessary data.
Re: auto/bicycle accident
First, your auto insurance should be providing you with an attorney, unless they have denied coverage.
Second, her chances of prevailing at a trial depend completely on the evidence presented and who the jury believes. Also, if the jury finds that she was even a little bit negligent any award for damages will be reduced by the percentage that she was at fault.
Third, you said she AND State Farm is suing you. Is State Farm your insurance company or hers, and why are they suing you?
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