Legal Question in Personal Injury in California

No, but you and your son should talk to an attorney immediately about making a claim for your son's injuries. Call me at (877) LION FOR LAW (546-6367) and I will be glad to help.

I cannot say with a certainty that the driver of the car has no valid cause of action against your son with knowing all the facts. It is possible that your son might have a cause of action against the driver. Part of this case will be driven by whether or not your son was a "dart out." Feel free to call me for a free consult at 877505injury.

It's very hard to assist in analyzing a situation without knowing all the facts - much the same as telling a doctor "I've got a cough, what's my diagnosis?". Some questions that an attorney would likely ask would be, for example:

- Why was your son in the roadway?

- How did he ride his bike onto the roadway (speed, direction)?

- How was the car traveling (speed, direction)?

- Why did the car collide with the bike (visibility, speed, other)?

Having said that, the driver could have claims of property damage or personal injury if the driver suffered those harms as a result of your son's negligence.

A person can be negligent by acting or failing to act. A person is negligent if he does something that a reasonably careful person would not do in the same situation or fails to do something that a reasonably careful person would do in the same situation. See, California Civil Jury Instructions, Series 400.

At the same time, if your son suffered property damage or personal injuries, he may also have claims against the driver/owner of the car that collided into him. Largely the same facts would go into the analysis to assist in "diagnosing" potential claims.

Bottom Line: speak to a personal injury attorney as soon as possible to help guide you through the process and to assist with analyzing any potential claims that there might be both against your son as well as against the driver.

Best of luck to you!