QUESTION

What can I do if my son was hit on his bike by a car?

Asked on May 26th, 2012 on Personal Injury - California
More details to this question:
My 14 yr old son was hit by a car while riding his bike home from school.He was taken to the hospital by ambulance given ex rays and a cat scan and released.Hes got black eyes and a huge bump on his forehead.Along with bumps and bruises.Thankfully hes doing okay.I have no idea who the driver is where he lives.I don't have medical insurance my sons father whom I separated from doesn't either he laid off from work. Is the driver responsible for the med bills?Do I personally get in touch with him through a police report? This happened yesterday.5/25/12 im unsure of the procedures to take at this point.My sons friends saw it happen they claim It was a cop that hit him because when the officers wanted ID he took out his badge. Thank you for your help. Rebecca O
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7 ANSWERS

Personal Injury Attorney serving Los Angeles, CA
Partner at TORKLAW
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I suggest that you speak with a personal injury lawyer who has experience handling bicycle accidents. There are many critical factors involved and not something that you should delay.
Answered on Sep 05th, 2012 at 2:02 PM

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Personal Injury Attorney serving Newport Beach, CA at Johnson & Associates
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As an attorney I handle a lot of bicycle accidents. If you do not have the persons address who caused the accident I would get a copy of the police report which will have the address. I would then write to him putting him on notice of your claim and advising them to report the claim to their insurance company. I would also ask them to advise me of who their carrier is and I would then contact them. Accident cases must be handled appropriately and I would highly suggest you retain a competent attorney.
Answered on Jun 06th, 2012 at 9:08 PM

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Personal Injury Attorney serving Beverly Hills, CA
Partner at Engelman Law, APC
The driver is certainly responsible for your son's medical expenses as well as his pain and suffering. I would recommend taking photographs of your son's injuries and contacting a lawyer who can assist you in handling all of the nuances associated with either settling the case out of court or filing a formal civil lawsuit.
Answered on Jun 06th, 2012 at 8:53 PM

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The police report should contain all of the driver information. You will want to make a claim against the driver's insurance company and that information should be in the police report as well. If the driver was negligent, he will be responsible for your son's medical bills as well as his pain and suffering. You should contact a personal injury attorney who will quickly know how to go about handling this.
Answered on Jun 06th, 2012 at 8:48 PM

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Insurance Defense Litigation Attorney serving Auburn, CA at Graves Law Offices
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Rebecca: First and foremost is you need the identity of the person who hit your son and optimally there should be a traffic collision report which outlines how the accident happened and the involved parties. If in fact the vehicle that struck your son was that of a law enforcement officer that would be important to know that because if that is the case you have 180 days from the date of the incident to file a public entity claim form with the City or County that employs the officer. If you fail to do that than you will be precluded from filing suit before the 2 year statute of limitations run. Public entity claim form is a required precondition for filing a subsequent lawsuit. Bottom line is you need to first determine the at-fault party and determine if they have liability insurance. It is a blessing that your son was not injured more severely!
Answered on Jun 06th, 2012 at 8:43 PM

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If your son did not cause the accident, I would file a claim for damages against the driver's insurance policy. You can get the driver's insurance information from the police report. I highly recommend you hire an attorney to help you with this case.
Answered on Jun 06th, 2012 at 8:38 PM

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Employment Law Attorney serving Elk Grove, CA at Law Offices of Linh T. Nguyen
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From your question details, it sounds like it was not a hit-and-run and that the driver stayed on scene and was interviewed by police for the police report. Assuming that this is the case, you should see an attorney as soon as you can. I would not recommend that you contact the driver personally. Im surprised you were not provided the driver?s insurance information at the scene. A personal injury attorney can help you through the legal process, including evaluation of your case, identification of the driver, dealing with insurance companies, and filing a legal claim. Most attorneys will handle these types of cases on a contingency basis so you will only pay the attorney fees if there is a recovery. I am glad your son was not hurt worse.
Answered on Jun 05th, 2012 at 6:36 PM

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