Legal Question in Real Estate Law in Massachusetts

Re: Who is responsible for run over bicycle?

I think it's debatable. The kid certainly wasn't smart leaving the bike where he did, and any other kids or parents who saw it were equally lacking. It could also be said that owner of a car (and especially a truck) probably ought to look behind his vehicle each time he starts it up to drive it in reverse.

These are tricky questions: if one person leaves a rake on the ground, another person accidentally covers it with leaves, and a third person then steps on it and gets hurt, who's responsible?

My personal opinion is that you are liable. Your vehicle (like all motor vehicles) is powerful and dangerous and under your control and in fact caused the damage. The bike would have been visible if you'd looked. Where there are kids around, and kids' bicycles, you had more reason to look than elsewhere. If you'd pulled a car forward into a driveway and had to back it out, usually you would notice something lying down on the ground behind it more easily than with a truck.

Obviously the bike is ruined and the kid might be ready for a larger one anyway, so you ought to offer what you guess to be the market value of the used bicycle, if it wasn't brand new; they'll still be unhappy because it won't be enough to replace (never mind upgrade) the bicycle with a new one, but this is a case where everyone loses something.

Re: Who is responsible for run over bicycle?

Talk to your auto insurance agent. Your auto insurance may pay for the damage but you may also be assessed a surcharge. You may prefer to negotiate with the owner.