Who is liable for repairs and medical bills regarding a motor bike accident?
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Who is liable for repairs and medical bills regarding a motor bike accident?
My 3 year old son was in a mini-motor bike accident. Long story short dad was there and was getting on bike with him, my son pushed the throttle and took off on his own. Mini-motor bike is not ours belonged to a family member (not insured) child hit a motor-home/RV on scissor lift jacks with no skirting around it. He hit the home with his helmet, helmet flew off, he then slid underneath cutting his head and fracturing his skull on the scissor lift jacks. We have incurred over $50,000 in medical bills and the person that lives in the RV(doesn’t own it) has $1800 bill, $300 parts, $1200 labor.
Asked on August 18, 2011 Missouri
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Liability depends on fault, or in accident cases, negligence--that is, who was unreasonably careless? Putting a three-year old on a mini-motor bike is probably negligent, or careless--it's not something that would considered reasonable, because of the exactly what happened. While it's possible the skirting would have reduced the impact or injury, it's not certain it would have made a significant difference; it's also not clear that it is unreasonable to not have the skirting, since having someone, even a child, ride a motor bike into the RV is not something a person would naturally be expected to prepare for.
While it is *definitely* worthwhile to consult with a personal injury attorney given how much money is at stake, from what you right, it would seem more likely that you, not the RV owner, would be considered negligent, and hence liable.
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