Bike riding child hit by car needed plastic surgery. Officer didn't thoroughly investigate, car not at fault. Can I fight it?

Asked over 1 year ago - Oklahoma City, OK

Child was riding bike after school when teen driver, "Just didn't see her." Broke the bike frame in half. Police officer didn't ask to see the bike, question witnesses, etc. When, I first spoke to the officer, he stated, "Your insurance might say it's your daughter's fault for being in the street." His report reflects that opinion. The insurance adjustor representing the driver said to me, "It sounds like your daughter hit the car not the car hit your daughter," after speaking with the driver's mother (who wasn't on the scene at all). My daughter was bleeding from her mouth and required plastic surgery (50 stitches). She lost a chunk of her lip (pea size). Dr had to reconstruct. Do we have grounds to fight this?

Attorney answers (8)

  1. Christian K. Lassen II

    Pro

    Contributor Level 20

    5

    Lawyers agree

    Answered . Yes, it is likely you can recover from the driver with a good lawyer. Find a lawyer with a low contingency fee, less than 30% with no costs deducted, so you get the lion’s share of the settlement, not your lawyer.

    Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com
  2. Sagi Shaked

    Pro

    Contributor Level 13

    4

    Lawyers agree

    Answered . Yes you can fight it. Since the officer did not see the accident, his ticket is not admissible in the civil case.

  3. Farid Yaghoubtil

    Contributor Level 11

    4

    Lawyers agree

    Answered . I'm sorry for what happened to your child. Find a personal injury attorney in your area immediately. Their excuse sounds like telling someone that "your face hit my fist, not the other way around."

    Farid Yaghoubtil is an attorney at Downtown L.A. Law Group - 1850 E. 15th St., Los Angeles, CA 90021. (855)385-2529.
  4. David B Pittman

    Pro

    Contributor Level 20

    4

    Lawyers agree

    Answered . Without question hire an attorney to help you with this.

  5. Timothy Leo Bowden

    Contributor Level 14

    3

    Lawyers agree

    Answered . you may. minor children are precious and there is a lot of sympathy for children on bikes. and depending on how bad the injuries are, the carrier may not want to chance it. but you need an attorney to look at this for you. contact one asap on this site locally.

  6. Jeffrey Mark Adams

    Contributor Level 20

    3

    Lawyers agree

    Answered . Get a lawyer now!

    Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and... more
  7. Robert Bruce Kopelson

    Contributor Level 20

    3

    Lawyers agree

    Answered . Hire a lawyer to investigate and see if the driver has liability for the crash. Cops often assume the fault of kid on a bike, and slant their investigation to support their opinion. Off icer wasnt there to witness, so his opinion is not likely admissible any way.

  8. Clayton C. Griessmeyer

    Contributor Level 5

    2

    Lawyers agree

    Answered . The facts of what happened are what matters, (where was the bicyclist riding, who had the right of way etc.) The police officer's opinion does not matter. I represented a bicyclist who was cited by the police for getting hit from behind by a driver and the driver was not cited at all. The jury found the driver 80% at fault. Some states have special rules for bicyclists and special rules for children. I reccomend contacting someone in your state who is familiar with bicycle laws and bicycle injury cases.

    Information is for Informational Purposes Only. The material on this website is for informational purposes only... more

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