Legal Question in Personal Injury in Montana

My 16 year old son was driving our van & was hit 50 feet from driveway that he had just pulled out of when a 7 year old ran into van with his bike. 7 year old was in the the alley & van was on the street . Breaking the mirror, popping tire & 2 dents. The police report says that 7 year old saw the van & tried to out run it. My son did not see child on the bike . We have tried to resolve this with family but no results. They have hired an attorney. Do we have a change to win this in court to pay for damages to the van. Or will they win because we keep being told by them & their attorney he is only 7. He did not get a ticket from the police because of his age.


Asked on 6/02/10, 10:33 am

1 Answer from Attorneys
Carolyn J. Stevens CJ Stevens|Law

I do not practice personal injury/tort law, so take this with a grain of salt -- AND run, do not walk, to a lawyer who does practice in this area.

Bike in the alley should yield to van on the street. Take the police report to the lawyer. When the report says that the bike rider saw the van, it means the child said he saw the van, and that he tried to outrun it. The child, being a child, doesn't have the long-term vision and judgment of someone a little older. Even so, he should have yielded to the van.

Your son does not want to risk points on his license and insurance that goes even farther through the roof than it probably already is. The child's parents have nothing to lose by refusing to talk with you. Your son has a lot to lose -- sky-high insurance rates, points on his license, and a long-term financial hit -- if he does not have an attorney to navigate this case. This is not the time to be penny wise and pound foolish. If your son did nothing wrong, he should not have to suffer the consequences of the child's lack of judgment.

Read more
Answered on 6/03/10, 7:18 pm


Related Questions & Answers

More Personal Injury Law and Tort Law questions and answers in Montana