My son was riding a bicycle he crossed the street of a drive way and a car hit him on the left side shoulder knee and head.
Yes, you can sue but need to prove who is at fault to recover for pain and suffering. You can also obtain separate PIP benefits, i.e. medical expenses, under the driver's auto no-fault or PIP insurance of the car that hit him.
Assuming your son was injured in the car accident, then you are entitled to bring a claim for his personal injuries. An experienced Florida Lawyer will be able to evaluate the facts of the accident, and to develop whether the car operator was negligent in the operation of the car, in particular in his/her failure to keep a safe watch for pedestrians/bike riders on the sidewalk.
You may have a case. I would need to know more facts to evaluate it in the context of Virginia injury laws. An important detail is the age of your son. Another factor is the degree of injury. Was it daytime, evening or night? What color was the bike, the clothing of your son? All of these questions and more need to be answered.
Facts not clear. What is the "street of a driveway?" children under age may not be contributorily negligent and the driver may be negligent, in which case you should recover. The question is what is reasonable for the driver to do.
Since it was your son who was injured, it is he who would be suing the driver of his car, assuming that the driver had permission from your son to do so. Investigation is needed as to why the driver and your son did not see each other and take action to avoid the collision. Your son would have to prove that he suffered a "serious injury" as that term is defined by law. This includes death, fractures, a total disability that lasts 90 days or a permanent partial disability. The injury must be confirmed by objective medical proof such as an x-ray, MRI, CT scan or nerve conduction study.
Retain a plaintiff's personal injury or accident attorney for legal consultation. Negligence has to be shown on the part of the driver in order for him/her to be liable for the accident and your son's injuries.
If the other driver was negligent, you can sue the other driver. If your son darted in front of the driver and the driver had no chance to avoid the accident, you probably have no case.
Yes, you can, if your son suffered any injuries. Hopefully you contacted the police and there is a police accident report. In the accident report will be the driver's identity and the insurance company that insures the driver. Then you can put the insurance company on notice of the claim against their insured.
Yes, he can sue but before he can collect for noneconomic damages in Florida, he has to meet a no-fault threshold, which would include permanent scarring.
It would appear that you may have an actionable claim. You should consult with an attorney who handles personal injury claims.
Yes, but you will need the information of the driver, and they will likely allege some comparative fault on the part of your son. It will also depend on his injuries. If he had minor cuts and bruises, it probably isn't worth it. If he sustained a head injury, it definitely is worth it!
There is a suit here as the driver was likely negligent in the operation of the car. Of course the case will have to put together.
Yes. If the driver was at fault then you can sue.
Yes, you can sue. Worst that happens is there is some deduction for your son's potential negligence.
Personal riding bicycles on sidewalks are in the same position legally as pedestrians. If the bike is being ridden on a street, it is treated like a car.
A driver has to maintain a lookout for bicycles at all times, whether moving forward or backing out of a driveway. You should definitely consult with a personal injury lawyer for your child's injuries, which should be covered by the driver's automobile liability insurance.
Yes, as a parent, you can sue on behalf of your son the driver of the car and possibly the car owner. The fact that the event involved a driveway may not be significant. As in all cases, the facts of the events and the degree of injury will impact the result.
Your question is a bit vague. However, motorists have a duty to check to see if their path is free of obstacles and other vehicles when they pull out of their own driveways. The short answer to your question is yes, but the details of the case need to be fleshed out.
Yes, you can bring a claim against the driver. You may also bring a lawsuit against him and his insurance company for all damages sustained by your son. However, if your son was violating any aspect of the law, then the amount of damages may be reduced by the percentage of liability he bears. It is important for you to have legal representation in this type matter as the insurance company will attempt to refuse all liability or agree to accept a much lower percentage of fault for which it is usually legally liable.
You must establish/prove who was in the driveway first and thus had the right of way.
Probably. The driver must keep a proper lookout and it's hard for me to understand how he could have hit your son given those requirements.
I think you mean that the driver's car was crossing the driveway. Negligence is negligence. If the driver was negligent you can sue him.
If someone else is driving your vehicle and hits you, you still can bring a case against the driver.
Yes, you can.The question is how bad are the injuries and if your son was negligent as well.
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