On the afternoon on January 2nd, a 14 year-old Gilbert boy was injured when he was struck by a pickup truck. The boy was transported to Scottsdale Healthcare Osborn for treatment where he was in critical condition. According to Gilbert Police, the boy’s injuries were probably not life-threatening.
The collision occurred at the intersection of Williams Field Road and Parkcrest Street in Gilbert. According to the report, the boy was crossing the street in a crosswalk when the light turned from red to green for the opposing traffic. When the light turned green, the truck drove through the intersection and struck the child. Gilbert police did not issue a citation to the pickup driver.
The boy will have medical bills related to his injuries. He may wish to sue the pickup driver for his medical bills. The boy will have to prove that the driver caused his injuries. The fact that the police did not issue the driver suggests that the driver may not have been driving unsafely that day. If the boy cannot prove that the driver caused the accident, he will lose his case and he will collect nothing.
If the boy sues the driver, the driver may argue that the boy caused the accident by crossing the street just before the light changed to red. A court may find that the boy caused the accident or that the boy and the driver are both responsible for the accident. If they are both responsible, the concept of pure comparative negligence will apply. In that case, the boy may only collect damages from the driver in proportion to the driver’s fault. If the driver was 50% responsible for the accident, the court will only require the driver to pay 50% of the boy’s medical bills and other damages.
If you are injured in a bicycle-car accident, please contact the Phoenix personal injury lawyers at the personal injury law firm Oracle Law Group today.
Photo credit: pmarkham from Flickr