Sacramento, CA asked in Civil Litigation for California

Q: My daughter was hit by a car while riding on the side walk and they said she was at fault, so is that how the law is

That how the law is written in Stockton CA they sited penal code VC21663

Related Topics:
1 Lawyer Answer
Gerald Barry Dorfman
Gerald Barry Dorfman
Answered
  • Mill Valley, CA
  • Licensed in California

A: Vehicle Code section 21663 specifically references motor vehicles. Even if a bicycle fits the definition of "motor vehicle", negligence in California is comparative. That means someone can be less than 100% at fault, and if so, still be able to get some compensation for their injuries. So if the automobile driver was at all negligent (going too fast, not paying attention, etc.), your daughter may have a case, or if necessary, a defense. If your daughter was injured, consult with personal injury attorneys. Most offer case evaluations at no charge.

Tim Akpinar agrees with this answer

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.