QUESTION
Could I file a tort claim against the owner of the motorcycle?
Asked on Sep 02nd, 2013 on Personal Injury - Florida
More details to this question:
My son was in a severe motorcycle accident that left him as an incapacitated adult. The motorcycle belonged to his mother’s boyfriend.
10 ANSWERS
Personal Injury Attorney serving Salt Lake City, UT
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William Enoch Andrews Injury Lawyer
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You may be able to file a claim depending on the facts. Who was at fault (caused) the accident that hurt your son? If another driver was at fault, then you should have a claim against the at fault party (other vehicle possibly) or the owner of the motorcycle (if that owner caused the accident).
Answered on Sep 04th, 2013 at 9:53 AM
James Eugene Hasser
It depends on what, if anything, the owner did wrong. There would be no liability simply from owning it.
Answered on Sep 03rd, 2013 at 5:16 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Was the boyfriend driving it? Did your son have a motorcycle license? Was there a defect in the motorcycle? Unless the boyfriend was negligent or there was a defect in the motorcycle, there is little likelihood of recovery.
Answered on Sep 03rd, 2013 at 3:31 PM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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If the owner was driving, or perhaps if the owner allowed your son to drive it knowing that he was not capable of safely driving it.
Answered on Sep 03rd, 2013 at 2:42 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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You did not say enough. Surely you can sue the cycle owner/driver if he was negligent . There is the further question whether the rider was negligent also.
Answered on Sep 03rd, 2013 at 2:21 PM
In Iowa you could so long as the son was driving with the owner's knowledge and consent.
Answered on Sep 03rd, 2013 at 1:47 PM
Thomas Edward Gates
Since your son was the one on the bike, he would need to show that the motorcycle was defective in some manner to prevail. You do not have standing to sue, only your son can do so.
Answered on Sep 03rd, 2013 at 1:42 PM
Ronald A. Steinberg
What is your theory of fault?
Answered on Sep 03rd, 2013 at 1:36 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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Possibly. First, you need to be appointed as his administrator. Next, you need to get every scrap of information out there to determine what happened. Then you need a lawyer, an experienced lawyer in your area who is willing to take on tough cases. There will be many issues to address and this is no small matter. Don't just go on advertisements, get referrals, find someone who has got a solid track record to go on.
Answered on Sep 03rd, 2013 at 1:30 PM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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Not unless there was something defective about the motorcycle that he didn't share with your son certainly you can file a lawsuit, but that doesn't mean your chances of prevailing are very good.
Answered on Sep 03rd, 2013 at 1:25 PM