Who's fault is it?
My child was riding his bike when his back tire slipped off of the road. He was immediately struck by a driver in that lane. My son's hand was injured upon striking her passenger side mirror. A policeman happened to witness the whole thing and wrote up a police report. Am I responsible for paying the damages on her car? Nobody was technically at fault. No citation was issued. If I am responsible for her car is she responsible for my son's medical costs?
Answers:
You need to hire a lawyer. In civil matters like this a lot of the decision will depend on exactly what the witnesses reported. If the courts finds that there was contributiory negligence on the parts of any parties that will also play into their decison. But in this case it is most likely going to require a court action to sort it all out.
I believe it was an accident, so no one should have to pay for anyone else.
no one is responsible it was an accident so i think you should pay for your son and she should pay for the car
It would be up to a jury. They would assign a percentage of fault or negligence to both parties. The party that was less at fault than the other party would pay their percentage of damages to the other party.
Bottom line, a jury would hear the evidence and make the determination.
the driver of the car is at fault == she should have treated the bike as if it was a car and allowed herself enough distance to be able to avoid the action. just like if a car in front of you slams on his brakes and you rear end him. same Principal applies -- that say unless the lady raises a fuss and unless your son medical costs was really excessive i would not pursuit the matter.
i wouldnt pay anything
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