Visibility. Expectation. Reaction.
These are the three cornerstone issues when proving that the car driver is careless, and that the negligence of the driver is the reason why your child was hurt.
What was the driver able to see. What were they required by law and circumstances to anticipate. What did they do.
If in a lawsuit, we get subpoena power and we can request many pieces of information that otherwise would be blocked or refused. Items such a cell phone records, perhaps. prescription medication records.
If alcohol involvement or drugs are suspected, maybe send out a subpoena to the nearby liquor stores, pharmacy records, credit card bills and possible medical and psychiatric treatment records of the driver. Facebook posts may be relevant. Texts. Twitter.
The bicycle. Keep the bicycle, do not discard or repair it, it is now evidence.
Traffic and dashboard cams. I frequently bring a highly experienced accident investigator with a specialty of accident reconstruction to the scene. Skid marks, broken glass, car tire tread depth ( for length of braking or hydroplaning ) may be important factors.
The height of your child, including leg length and torso height should be measured. This way we can match it against the bicycle seat/saddle height and that will give us information about visibility to the driver of your bicycling child.
If the location area of the accident is near a school, then the distance of the accident location from the school should be a fact that is noted.
There are so many different fact patterns and issues to this bicycle category of accident that they cannot be listed. Tricycles are even more involved and accident reconstruction of the line of sight is more complex.
I have had many claims of children injured by a car, truck or even less frequently a motorcycle. Each one was different. Let me help you and your child by learning about the accident and in return you will learn about your legal rights.
