Legal Question in Personal Injury in California
Mini Bike
My 8 yr old son was involved in an accident last year and he was hit by a man driving a truck while my son was driving a mini bike, the kind of mini bikes you could buy at a toys r us which was not ours to begin with, my son suffered a lot of bruses, permanent scars, chipped knee and some chiped ribs luckly he was wearing a helmet, but the entire right side of his body was damaged, he even repeated the 2nd grade again becuase he could not attend school in his condition and I would like to know if there is any advise regarding the laws that could help me with the hospital bills that are outragously high and possibly get some compensation for my sons suffering. I was told this man that hit my son is protected by prop 213 and I am not sure if there is any law out there that can help me in this crisis. Please email me or call me.
Warmest Regards,
A desperate mother.
5 Answers from Attorneys
Re: Mini Bike
You should talk to an attorney immediately. The details of the accident are not entirely clear, but is sounds like you may have a lawsuit against the man driving the truck. However, you have a limited time to file it, so act now. Most attorneys will give you a free consultation to determine whether you have a case, and will take cases on a contingency basis so that you can afford their services.
Re: Mini Bike
I am sorry to hear about your son. I have a ten year old boy and can imagine how traumatic this has been for you. Please feel free to contact me at the e-mail listed below.
Re: Mini Bike
The issue is whether or not prop 213 extends to 8 year olds on a motorized bike of sort. I am purposely vague about "motorized bike" because I am unsure if the bike was propelled by an electric motor or a lawnmower engine. This might be an important factor. In any event, I would seriously contact an attorney. I will be glad to provide you with a free consultation should you desire to call me at, 818.943.0462.
Re: Mini Bike
You may be able to recover damages on your son's behalf from the person who hit your son, as well as from others. You need the assistance of an attorney that is experienced in these types of lawsuits. Please give me a call if I can be of any assistance to you and your son. Christopher A. Kall www.kall-law.com
Re: Mini Bike
I recently worked on a case that had almost the exact same situation. As you know, Proposition 213 is codified in California Civil Code Section 3333.4. Proposition 213 might preclude you from recovering non-economic damages on behalf of your son. The answer will probably depend on whether this particular minibike qualifies as a "motor vehicle" under California Vehicle Code section 415 or a "motorized bicycle" under section 406. A motorized bicycle is any two-wheeled or three-wheeled device having fully operativ pedals for propulsion by human power, or having no pedals if powered solely by electrical energy, and an automatic transmission and a motor which produces less than 2 gross brake horsepower and is capable of propelling the device at a maximum speed of not more than 30 mph on level ground. See also section 407.5 re motorize scooter.
Feel free to call me for a free legal consultation.
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