My 2 yr old son was hit by a car at a acura car dealership, whos fault is this? can i sue for medical cost?

Question

My 2 yr old son was hit by a car at a acura car dealership, whos fault is this? can i sue for medical cost?

my son and i were looking at cars at a acura dealership as we walked out between 2 cars at the dealership a ford mustang going easily 25 mph hit my son , he went flying a couple of feet, and then as he was trying to get up he got hit again as the guy was slamming his breaks, his injuries are the following, no skin on top of foot all the way down to bone it will have to be treated for a yr , he has lost all toe nails, and he has bumps and bruises.i called ambulance and police and we were at hospital all day i have called attorneys but can i sue the guy who hit my child for going so d**n fast? and driving wrekless, he was in his own car, he wasnt employed by acura as far as i know. any one have any advice

25 mph is reckless at a car dealership, essentially a car dealership is a store out side you wouldnt go that fast in walmart. also my son was 2 feet ahead of me, i was there

Answer 1

You shouldn't have left the scene without calling the cops.. if there was a police report and the cops considered him guilty of the accident then he would have been responsible for all of the medical bills.. at this point with all the drivers information you might still be able to file a police report.. maybe the dealership even has a camara that caught the accident.. but in order to be able to do anything about it you need to have reported it..

I don't know about being able to sue him for more money but he should at least be responsible for the medical bills..

I hope your son is doing okay.. good luck..

Answer 2

Well, you weren't holding the kids hand, so you are partially at fault.  You could always try to sue the driver of the car, also.

It's NOT the dealer's fault, just because it happened on his property, if that's what you are going after.  

Can you sue?  It's going to depend on what state you are in.  Any attorney will be able to tell you.  What will you get?  Possibly medical costs (possibly you'll have to go under your own policy for medical costs).   Pain and suffering will be a tossup.  

I can tell you, I have three kids, and anyone who lets a 2 year old walk in the parking lot without holding their hand, IS a negligent parent.  So IF you sue, the defense is OBVIOUSLY going to try to put some blame on you.  Rightly so.  So it WILL mitigate any damages you get, in many states.    

You let your child (who, at 2, is going to be, what, maybe 2 1/2 feet tall?) walk out, alone, in a place where CARS drive.  As a mom, regardless of that other driver, I am APPALLED.

Answer 3

1. take care of the kid first.  

2. you sound like a money grubber who cares more about a settlement than your own child

3. why in God's name went you watching him?

4. DO NOT go to a lawyer that advertises incessantly on TV.

5. Find a lawyer that ONLY does personal injury and run away from anyone that promises a settlement in less than 3 years. HE IS A CHILD.  YOU WON'T EVEN KNOW WHAT SKIN GRAFTS, DISFIGUREMENT, EMOTIONAL NEEDS HE MAY HAVE for a long time.

6. You may have actions against the dealership in addition to the driver.

Answer 4

if this is true...

you can try to sue but they will argue that you were negligent by letting your son walk ahead of you plus walking between 2 cars.  he's 2.  he's short.  he can't be seen beforehand.  you would have to prove he was going 25 mph.  they would have a good argument.

Answer 5

You best be careful too.  Any judge would consider you negligent for not holding your son's hand in a lot full of moving cars.

Answer 6

lol if this is true you wouldn't want to make it sound so funny by saying  he went flying a couple of feet lol

Answer 7

Not sure why you would want to sue so quickly. Assuming the guy in the mustang has insurance try working with them first. If that doesn't work then get a lawyer.

If you haven't already done so, get in contact with the insurance company for the Mustang and present the claim.

By the way depending on what state you are in you need to be aware that you can expect the insurance company for the Mustang to claim improper parental supervision on your part. Frankly, I think they should, a two year old should have been holding your hand or have been carried in your arms. If they bring this up it won't mean your sons claim will be dismissed but it might be reduced due to your negligence.  

I hope your son has a full recover, luckily he won't remember it when he is older.

Answer 8

any attorney would love this case,,you can bring a lawsuit against the driver and the dealership.

Answer 9

The dealership will have liability insurance and you can file a claim with the driver's insurance and should have no problem in getting your son's medical needs taken care of.  But, if what you are looking for is a big payday, don't get too excited, because your negligence played a major part in his injuries.  You should have either been holding his hand, carrying him, or left him with a sitter while car shopping.  

Can anyone today spell "personal responsibility"?  Our society has become so "sue happy" it's ridiculous.

Answer 10

You're very lucky he wasn't more seriously hurt.  There is fault for all parties here.

Answer 11

If your auto policy has MEDPAY - start there. Medpay is available to you immediately - and does not expect repayment when you are reimbursed by the guilty party.

Then press charges against the driver to get the rest paid for - including pain & suffereing IN FULL!!!

This is not your fault at all... In ANY parking lot the drivers should always be on the alert for pedestrians!

I rarely suggest an attorney except when there are bodily injuries and nobody is accepting fault - sounds like you could use one!

Answer 12

I can't say what I really think...