Legal Question in Personal Injury in Massachusetts
Bicycle injury
My 11 year old son was riding his bicycle with a group of about 20 friends. He saw a vehicle approaching. He turned his bicycle around to talk to some of his friends and the vehicle was now approaching from behind him. The driver hit him from behind and knocked him down and pushed his his bike about 5 feet before one tire rolled up onto the bike and his leg. He has a broken leg and spent 4 days in the hospital. My question is; who is liable for the hospital bills and any other incurred costs from this accident?
1 Answer from Attorneys
Re: Bicycle injury
I am assuming that that the injury occurred in NJ and that your sons lives in New Jersey. If so your auto insurance will be responsible for the initial payout of medical bills. You should immediately contact the auto carrier and file a claim on youe son's behalf.
Of course, if you son is intersted in pursuing a claim for pain and suffering, the driver of the striking car would be repsonsible. Unfortunately, NJ has invoked a form of tort reform. The success of this type of claim will be determined by the type of insurance you have, if any, and the severity of your son's injury.
Good luck and I suggest that you contact a lawyer for further assistance.