A 5-year-old child, riding his bicycle on the sidewalk with his mother, was struck by a driver making a hasty left turn out of an elementary school parking lot in Foster City, California. He was treated for injuries at Lucile Packard Children’s Hospital at Stanford.
Although he luckily only suffered a deep laceration to his foot and road rash, his parents were overwhelmed by the accident and their son’s injuries and medical appointments. They were having difficulty getting their health insurance to pay the medical bills, and they needed to make sure their child was covered for any future treatment that might be needed. They knew they needed help to navigate these issues. They therefore hired Sally Morin Personal Injury Lawyers to help them through the process.
Liability Disputed for Riding Bicycle on Sidewalk
The Foster City Police Department determined that the motorist caused this collision by not entering traffic safely, in violation of California Vehicle Code section 21804(a). This section states “The driver of any vehicle about to enter or cross a highway from any public or private property, or from an alley, shall yield the right-of-way to all traffic, as defined in Section 620, approaching on the highway close enough to constitute an immediate hazard, and shall continue to yield the right-of-way to that traffic until he or she can proceed with reasonable safety.” However, the police also reported the child as an associated factor of the accident because he was riding his bike on the sidewalk.
Sally and her team faced some challenges in the case. The at-fault driver’s insurance company offered a very low settlement offer, despite the little boy’s injuries. The insurance carrier tried to place part of the fault for the accident on the child because he was riding his bicycle on the sidewalk. The team pushed hard, negotiating a solid and fair settlement for the little boy and his family.
The team then went to work on the child’s medical bills. They negotiated his health insurance lien down, and they convinced a medical provider to reduce its final balance, in order to maximize the child’s settlement. They set up a trust for the child, ensuring that his settlement will continue to grow throughout his childhood.
Happy Ending for Family with Child Bicycle Accident in Foster City
The experienced bicycle accident legal team at Sally Morin Personal Injury Lawyers obtained a settlement of $51,000.00 for the child, putting over $30,667.29 in trust for his future. Additionally, the team obtained a $7,500.00 settlement for his mother, who was not injured, but traumatized by witnessing the accident.
The team alleviated his parents’ stress and allowed them to focus on their child’s well-being, and his parents were beyond appreciative. It was another win for a wonderful little client and his family!
If your family has suffered a child bicycle accident, please contact our team to see if we can help.