Legal Question in Personal Injury in California

Hello,
Last Friday, I was involved in an auto accident where I was rear ended by another vehicle. It all happened when I was proceeding through an intersection, where I clearly had the green light, when a young boy on a bicycle darted out in front of me in the crosswalk. When the child came off the curb I was about halfway into the intersection and was able to avoid not hitting him. However, as I waited for the child to cross on his bicycle for a few seconds, a car rear ended me in the intersection. After the accident, I pulled aside and got the drivers information only to find that she could not provide me with any insurance information. Fortunately, I have noninsured motorist coverage on my policy and have started a claim with my insurance company. My question is, is the father of the child on the bike responsible for any part of the accident since he was waiting at the crosswalk?
Thank you so much for all your help

Asked on 1/11/12, 4:36 pm

5 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

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I try to avoid not hitting the rugrats, myself. Usually in "dart-out" accidents (where the kid gets hit) the juries are sympathetic to the motorist. If your damages are significant sure, you could go after Dad. If nobody was hurt it's probably a small claims court case.

Answered on 1/11/12, 4:42 pm

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Geoff Morris The Morris Law Group

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Yes, some fault could rest with the parent. I would need some more information to evaluate liability for the accident. If you were injured and need an attorney. Feel free to call me, I also have an office in Riverside and I handle cases throughout the Coachella Valley.

Answered on 1/11/12, 5:08 pm

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Rob Reed Law Office of Robert A. Reed

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Possibly, but insurance may not cover the parent in this instance, and it would still fall under the umbrella of the uninsured motorist provisions of your policy (good for you for having it)...

If you were injured, you should seek an attorney as soon as possible who - if you do not have health insurance - can refer you to a doctor who can treat you now and wait to get paid once you receive a settlement of your claim.

Answered on 1/11/12, 5:18 pm

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