More facts are needed to assess your potential claim with any degree of certainty but it sounds like you may have a very good claim. You should consult with a board certified personal injury attorny in your area. There are many. Check on google or right here at AVVO. Good luck.
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Hi Little Elm resident. I recently handled a case with what sounds like very, very similar facts (except my client's son was riding a bike, not a skateboard.). The insurance company for the driver originally denied the case and we convinced them to pay out the policy limits on the case in a relatively short time frame.
I'd like to know more facts, but would welcome your telephone call. We will discuss your options with you for free, and you can then decide whether to hire us or choose someone else. But, I would strongly suggest you hire an attorney.
Our number is 972-960-0000. FYI, we have recently helped a couple of people in Little Elm, including one of your police officers there.
I would need to get more facts from you, but there is a good possibility that we could establish liability on that driver.
I am "AV" dated by Martindale Hubbell, which is the highest rating awarded for ethics and competence. I am a former police chief, police investigator, and assistant district attorney. I would be happy to speak with you at no cost and with no obligation to hire me.
Visit my Avvo website or my website at www.kevinmadison.com and then call me at 512-708-1650.
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I agree with he attorney that answered and more facts are needed. A person driving a car has an ongoing duty to keep a proper lookout as well as other duties. You did not mention what the speed limit is what how fast you though he was going but obviously people should drive the speed limit and/or at a speed that is reasonable and prudent considering the circumstances. If the street is filled with kids perhaps he should be driving slower. I hope the driver had insurance. I hope you also have car insurance perhaps there are other avenues of recovery. Get an attorney
I am an Arizona attorney. AVVO does not pay us for our responses. Simply because I responded to your question does not mean I am your attorney. In Arizona a non-lawyer is held to the same standards as an attorney so there are dangers to representing yourself. This is for informational purposes only and should not be considered as legal advice. If you require legal assistance an in depth discussion of your case is needed as there are many other issues to consider such as defenses, statute of limitations, etc.
Whether a person is riding a skateboard or a bicycle automobile mobile drivers must keep a proper look out. The automobile driver in your case may be at fault for not maintaining a proper lookout, improperly controlling the vehicle, failing to turn her vehicle to avoid a collision and not yielding the right-of-way.
Your/your sons’ potential lawsuit may involved seeking monetary damages for physical pain and suffering, mental anguish, and impairment (should that be the case).
Even if your claim is denied by the other drivers carrier and police report faults your son, 9 times out of 10 when I file suit in such instances, the carriers will pay. It takes some artful work but they generally do not want to stick their head out and put a case with minors in front of a jury.
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The biggest problem you have is the fact that they were "playing in the street." I don't consider that a bad thing. Not in the America you and I grew up in. We have to defend the rights of our children to be outside. Adults are responsible for motor vehicles. No case is perfect and I certainly do not know all of the facts, but I like the sound of it. Unfortunately, the worse your son was hurt the more viable the case is from an economic standpoint, but I would still have to know more. But I would be surprised if you could not find several qualified lawyers to sit down with you and evaluate this case. You'll probably have the opportunity to hire one you find comfortable with. Choose a board certified personal injury lawyer to limit uncertainty about track records. Call me if you like. I would be glad to answer any of your questions.
The answer provided by counsel in the AVVO forum is not intended to create an attorney-client relationship. The information is opinion only and given free of charge without full understanding of all facts and the law applicable to any question-poster's individual circumstances. The best advice is to take the question from this volunteer forum to a more formal communication with a practitioner in the specialty area indicated by the nature of the claim.
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