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feardamaverickhunters May 8th, 2007 09:11 AM

i have a question about whose responsible
 
ok my friend's wife was driving down the road one day to go to work and this little kid rides his bike out right infront of her and everyone has said (even the cops) that it wasn't her fault and that there was no way she could stop.

now the family of the child is trying to sue them, how exactly does this work? a few answers would be nice whenever you all get the time.

jeff & eddie May 8th, 2007 09:51 AM

I am not a lawyer, but generally speaking, the parents should have been watching the child. They may sue, but that doesn't mean they're going to win.

AzH May 8th, 2007 09:56 AM

Depends upon the area it occured. If we're to assume that it is natural for kids to be riding their bikes in the area because it's a family area or there is a park/school/whatever nearby then your friend's wife deserves to face criminal negligence charges. If it was not in this kind of area then it's tough shit for the poor kid.

What happened to the kid anyway? Natural selection at work or what?

Sunray May 8th, 2007 09:56 AM

If they do win it is a complete injustice. It soundss like the child was at fault but the parents want to earn an extra $ or few and take someone elses money for what it was their own responsibility to sort out. But I suppose that everyone will put their own slant on it. By the sound of it, it was the child's fault and the car driver was simply in the wrong place at the wrong time. If you could sue someone else for being in the wrong place at the wrong time, there are all manner of possibilities that could be explored. But that way, madness lies...

The problem is, I wouldn't put it past the courts to do the wrong thing...

AzH May 8th, 2007 09:58 AM

Quote:

Originally Posted by Sunray (Post 3666921)
If they do win it is a complete injustice.

There is not enough information in the first post for you to make that claim.

feardamaverickhunters May 8th, 2007 10:08 AM

Quote:

What happened to the kid anyway? Natural selection at work or what?
he was riding his bike in a field and ran infront of her in the road she was only going 35 cause she was coming out of the corner he got a broken leg, no bike riders aren't that common around where i live there's almost none and the parents couldn't have watched him because he was about 4 miles from his house.

the nearest school/family area/park/pedestrian crossing/or anything of that sort is 10 miles away or more.

the kid lived through it fine just a little damaged and probably a little stressed, she freaked out after she found out that what had ran into her was a kid on a bike, she's ok she's scared though only thing that was broke on the car was the windshield. so i think both parties should be grateful no one was killed.

Starstruck May 8th, 2007 11:32 AM

Well all in all it looks as though the kids parents will lose, the only thing i can see is the fact that she was doing 35, the speed limit here(London) is mainly 20mph, 30 at most so they could use that against her.

feardamaverickhunters May 8th, 2007 11:37 AM

the speed limit on that road is 55mph though through the whole road it doesn't change until you turn onto stateline road then it's 60mph (the road it's 55 mph is thought of as a backroad highway)

Starstruck May 8th, 2007 11:46 AM

Ah well thats ok then, and if the police even agree then there should be no problems at all.

Tas May 8th, 2007 11:52 AM

The kid is responsible, or his/her parents. Children do stupid things, and drivers cannot defy the law of physics, seems to me the parants just want some extra $$.


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