Legal Question in Personal Injury in California

Hello, can my son who is mentally disabled claim compensation for injuries for an accident he may be negligent on the premise that he was unable to use reasonable care? He was confused and riding his bicycle on a major highway and was hit head on by a vehicle driving the speed limit (I believe). he suffered major injuries including a broken cervical, sternum, and ribs. He was hospitalized at county medical hospital and then transferred to a county mental hospital for 2 weeks. He was discharged with a diagnosis of Schizophrenia, bi polar disorder, and major depression?

Solano County California


Asked on 5/31/12, 1:34 pm

6 Answers from Attorneys

Joel Selik www.SelikLaw.com

Yes, possibly. You need to have the facts of the case analyzed by a qualifed attorney who can help determine where compensation may be available.

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Answered on 5/31/12, 1:36 pm
Phillip D. Wheeler, Esq. Phillip D. Wheeler, Attorney At Law

Yes, he might be able to. The driver of the automobile might have been negligent as well. It's called comparative negligence.

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Answered on 5/31/12, 1:42 pm
Robert Worth Robert J. Worth , Professional Law Corporation

UNLESS the driver was at least partially at fault your son will be responsible. Lacking mental capacity by your son does not make another party/driver liable absent that driver's negligence. Sorry. Bob Worth

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Answered on 5/31/12, 1:50 pm
Edward Hoffman Law Offices of Edward A. Hoffman

I'm sorry to hear about your son's ordeal. Sadly, though, I agree with Mr. Worth. The other driver is only liable if she was at least partly at fault for the accident. Perhaps she was; you should not presume that she wasn't. But your question suggests that she did nothing wrong. That your son may have been unable to use reasonable care does not change this analysis.

Note that, even if the driver was blameless, it's possible that someone else is partly to blame. For all I know, a mechanical problem with the car (or even with your son's bicycle) contributed to the accident. There may be other issues worth looking into. Like Mr. Selik, I encourage you to discuss the case in detail with a qualified attorney. Most likely, though, there won't be any grounds for a claim against anyone else.

I wish I could be more encouraging.

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Answered on 5/31/12, 2:06 pm


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