yesterday my wife and i were in her car, she was driving. we were leaving her parents house, she was going about 10mph, maybe a tad over. she doesn't drive fast at all. anyway, we pass this house where there are 3 parked cars along the side of the road and all of a sudden a kid on a bike rushes into the road from behind one of the parked cars. needless to say, he got slammed. we got out, called 911, etc etc. the car has a huge scuff in the bumper, the grille is broken and 2 dents on the hood where (it looks like) his hip and head hit the hood... fast forward to the hospital both bones in his leg under his knee are broken but the doctor called it a "mild fracture." the police officer and 2 people that were outside at the time said that the accident was unavoidble and the 2 witnesses told us that the child didnt look and was going full speed whenever he entered the road. well, the little kid is her little cousin. now we're afraid that they're going to try to sue us because my wife overheard her uncle saying how they dont have insurance and his mom is taking 2 weeks off of work and his dad one.

opinions? do we have anything to worry about?

edit: considering the circumstances, it's obvious that the only person that could have prevented the accident from occuring was the kid. if he would have looked in the road before riding his bike into it, this wouldn't have happened. additionally, the parents live on a different street and he was way up front. additionally, had he been under their supervision which he should have, this would not have happened. im just concerned that they're going to try to place the blame on us. her family is like that, unfortunately.

cliff's notes: driving down the road, kid comes from behind a parked car and we hit him, broken leg, fear lawsuit.

 

thats pretty shitty that family is trying to sue one another.....

 

no one said they are trying to sue, we just think they will...

 

hitting a pedestrian is the worst thing any driver can do. i know that the accident wasn't your fault, but i'd seek professional, legal help asap.

if there's no insurance for the kid, you're going to get sued. if there was insurance for the kid, you're going to get sued. it might be best to settle before the parent's imagination gets carried away.

 

the getting sued part is only part of the question. the losing part is what bothers me.

i dont see how anyone could place blame on my wife, this kid obviously was already building up speed when he came from behind the parked car on the side of the road. there was literally a split second between the time we saw him and when he was on the hood. she barely had time to hit the breaks and he was already on the hood.

 

no doubt. there's nothing anyone can do in that situation. there's no way you could bring a car to a hault that quickly.

i don't mean to paint a worst case scenario but, if the kid's family were to get legal coaching, it might get ugly. it's best to be proactive in this situation and approach the possible lawsuit before it approaches you.

 

What you should understand is that you aren't going to be sued personally. One way to handle this is to file a claim against your auto insurance company or your umbrella insurance (you're a homeowner, aren't you?). If the insurance company fails to adequately compensate the kid's parents, they'll be able to sue the insurance company. You personally shouldn't be sued. If your wife's family thinks they want to sue you personally, they're stupid assholes.

(Note: I am not a lawyer, or a law student, or a paralegal, etc.)

 

I can tell you right now that if they sue me for this shit, I'm going to sue them for the damages to the car...

 

what you need more than anything is a witness. However, there is good points in your case. 1: your wife wasn't speeding 2: you were already on the street, kid was making his way onto the street. If he had already been riding on the street, it would be a totally different circumstance. Anytime you enter a street (be it in a car,a pedestrian, a bicyclist) it's your responsibility to make sure its safe to enter. I'm not saying you won't get sued, but the possibility of them winning is not good. I kind of feel bad they don't have insurance, but if you offer to file a claim thru your agent your kind of admitting quilt. I don't know if I would do that just yet. Good luck with everything. I would try to take some picks from the street looking at the driveway with the cars parked how they were at the time of the accident in case you need to prove there was no way you could see them.

 

i have 2 witnesses that made statements to the cop that my wife was not speeding and the kid came from behind a parked road into the street. they both told us and the cop that there was nothing we could have done.

and regarding the insurance, they "said" they didnt have insurance but my wife said she heard them tell someone else that they have medicaid and i thought that paid for all doctor stuff.