Legal Question in Personal Injury in Maryland

Young Pedestrian in Accident

My 9 yr old brother was hit by a car yesterday while crossing the street on his bike. A witness said he was a foot from the cross walk when hit. The car was coming at him and should have seen him in the road yet still hit the tire of my brothers bike and sent him flying. He has no serious injury and only spent a coupld of hours in the hospital but the police are saying the boy who his my brother can sue my mom for damage to his car. I was wondering if there is anything my mom can do about the case or if it is entirely my brothers fault?

Asked on 1/17/06, 11:20 pm

2 Answers from Attorneys

A.P. Pishevar The Pishevar Law Firm, P.C.
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Re: Young Pedestrian in Accident

Im sorry about this horrible event. Thank God your child was not seriously hurt! I would be happy to look at the details of your case. Make sure you follow up with medical care if he has ANY injuries. I am very familiar with the law in this subject area. It is a bit trick but we can navigate through it if we take it seriously. For an appointment, go to www.PishevarLegal.com

Sincerely. -AP

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1/18/06, 11:19 am
Daniel Press Chung & Press, P.C.
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Re: Young Pedestrian in Accident

In the first place, in Maryland, a parent of a minor is not liable for the torts (civil wrongs -negligence) of that minor unless the parent him/herself was negligent, or the child was acting as the agent of the parent. That is unlikely to be the case here. Moreover, it is unlikely that a jury would award damages in favor of a driver who hit a kid, so no lawyer in his right mind would take the case for damages to the car. If your brother was hurt, I would more likely want to explore whether the driver was negligent in hitting him.

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1/17/06, 11:39 pm

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