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?
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.
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