If I hit a bicyclist turning right out of a parking lot, is it my fault?
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If I hit a bicyclist turning right out of a parking lot, is it my fault?
I was turning right out of my office parking lot during
afternoon rush hour traffic, as I got a break in traffic
to pull out I did so and hit a bicyclist on the sidewalk
coming against traffic. No major injuries were
sustained, just by a severely damaged bicycle. Who
is at fault in this scenario?
Asked on May 31, 2017 under Accident Law, Colorado
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
It depends on who was being careless and, if so, how much. Based on what you right--riding on sidewalk against traffic, which is not how bikes are supposed to be ridden--there appears to be at least some fault on the bicyclist's part. But if you were going too fast out the lot, weren't looking both ways, etc. you could be at fault, too, and if so, could be liable for the damage. If the cost of the damage is not too much, you may wish to pay it in exchanged for a signed written agreement that the payment is payment in full of ALL claims and the bicyclist giveing up his right to sue you: that way, you don't need to worry about him later trying to claim a soft tissue injury or something else and suing you over it.
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