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  1. #1
    Join Date
    Apr 2009
    Posts
    1

    Exclamation Riding Bike, Hit and Run by Landscaping Truck

    My question involves an injury that occurred in the state of: California

    My mother was riding her bike, arrived at her college, continued riding on the sidewalk going along with the direction of traffic. She approached the main driveway to the college, the college's landscaping company started to exit the parking lot via the driveway in a company truck. My mother waited for the truck to see her and then the truck stopped and waited for her to cross. She was almost clear of the driveway when the truck suddenly proceeded, hitting her bike on the side, knocked her to the ground, injured her knee and back, totalled her bike (only mode of transportation), the truck stopped, the driver made eye contact with her, then fled the scene and did not return. There was an eyewitness, an employee of the landscaping company who the hit and run driver had dropped off in the parking lot moments before hitting my mother. This happened approx 4 days ago. She has pain and swelling to her knee and her back is hurting, previous injury to back.

    Does my mother have a valid lawsuit against the company, driver, company insurance for medical expenses, negligence, pain and suffering, loss wages? In addition, can this case be presented to the County DA for criminal prosecution?

    Additional notes to the above:

    Police report filed, mother has no auto insurance (does not own a motor vehicle), the driver was itentified by the company.

    Unknown at this time: Police report/landscaping company statement/verbage

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Riding Bike, Hit and Run by Landscaping Truck

    Does my mother have a valid lawsuit against the company,
    yes

    driver
    yes

    , company insurance
    no

    for medical expenses,
    yes

    negligence,
    ?

    pain and suffering,
    very possibly

    loss wages?
    loss OF wages or lost wages; most likely

    In addition, can this case be presented to the County DA for criminal prosecution?
    why didn't she call the police right then and their? She now is in the position of proving much more than had she called the police right then.

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