Legal Question in Personal Injury in Arizona

Minor's bicycle accident & parental liability

My 12-year-old son was entering into a busy intersection on his bicycle on a green light (flashing red) in California. His friend has just successfully crossed ahead of him. School had just let out - tons of kids around. Other driver, Cadillac Escalade, turned right on a red light and they collided. Driver put my son in his SUV and drove him from the accident scene to school to pick up his daughter, then waived over a police officer. It is not disputed that my son had a green light. He sustained a shoulder injury and contusions. All is stated in the police report. However, the police report said it was my son's fault (failure to yield). We have since moved to Arizona. Now Travelers is pursuing a subro claim for property damage against us. They have sent it to an Arizona collection agency even though no suit has been filed yet. Our insur is subject to a $500 deductible. This is just wrong and we refuse to pay or compromise any possible PI claim. (1) Are we as parents liable in Arizona if it was not ''wilfull misconduct'' per CA Civ Code �1714.1 on the part of the minor? (2) Isn't the driver at least comparatively negligent for not yielding to my son, given the conditions/red light? Any advice would be appreciated.


Asked on 5/08/07, 4:03 pm

1 Answer from Attorneys
James Jenkins Jenkins Law Center PLC

Re: Minor's bicycle accident & parental liability

Sounds like your son has a viable personal injury claim, regardless of the opinion of the police officer. See an accident attorney immediately. You are welcome to speak with me at 480.835.1500 for a free, no obligation consultation. Accident cases are accepted on a contingency basis, so you have no out of pocket costs for attorneys fees. Has your son had an MRI? I would like to know more details to advise you fully.

I have a case where a Travelers insured pulled out in front of oncoming traffic and Travelers tried to claim comparative negligence, on the theory that their car was so big, the traffic should have seen it coming. They lost on that argument; it was ludicrous.

Best regards,

James D. Jenkins

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Answered on 5/09/07, 3:41 am


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