CanI be sued forhitting a child who ran out in front of me in the street in an auto accident in Dallas, Texas?

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CanI be sued forhitting a child who ran out in front of me in the street in an auto accident in Dallas, Texas?

A child was riding his bike and pulled out in front of me from behind a parked car in Dallas, Texas. I was doing less than the speed limit and the police report says I am not at fault and the parents refused treetment of the child. Can the parents sue me? Do I need a Dallas auto accident lawyer?

Asked on March 25, 2009 under Accident Law, Texas

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Anyone can sue anyone.  The true question is whether they can prevail (win)?  check the Texas statute of limitations on how long the parents have to sue you.  However, bear in mind that a child's right to sue may be tolled until the child reaches adulthood (18). 

In terms of the police report, keep it.  In terms of refusing care, if you have solid proof, keep it.  The reason being: everyone has a responsibility to mitigate damages.  If the parents refused treatment for the chilld, any future pain the child may complain about may have a perfect defense from you (parents' refusal to seek treatment for the child).  You can always consult a Dallas auto accident lawyer.

Hope this helps.  


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