My son was hit by car! we were at acura car dealership what should i do?

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 o 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

Answer 1

Definetly call an attorney....not only do you have a law suit against the driver....but against the dealership too....I hope you have pictures of your son.....and keep record of all medical bills and anything that you have had to spend....even getting him to the doctors and stuff.....no monetary money can ever be worth the tragedy of your son getting injured but milk it for all you can!

Answer 2

You'll have to sue the driver and possibly the dealership I suppose.

Answer 3

Take a deep breath.  There is no need to start suing anybody if the accident just occurred.  Depending on the state where the loss occurred, the statute of limitations to file a lawsuit can be anywhere from 1-6 years.  

If you have an attorney, they will file suit when appropriate against the at fault driver.  Since your son was only two years old, he is likely under the "age of reasoning", and no liability can be attributed to him.  However, you may live in a state where you may be held partially responsible for improper supervision of your son, maybe.  

Further, his medicals should be covered.  Depending on what state you live in, the driver may have PIP coverage and medical payment coverage for pedestrians.  

You might want to report this loss to your own insurance company just in case the other driver had inadequate liability limits.  Most states have time frames to file UNDERinsured motorist claims.  

IF you have an attorney, let them deal with this.  Why else do you have an attorney?

Answer 4

do you have the police report and driver's insurance information?

Answer 5

I would say you are at-fault for not looking for traffic.

Pedestrians need to check for cars, especially in parking lots.

Yes, you can sue for medical costs.......actually you can sue for anything you want; you just gotta proof your case.

Did you have a speed radar out? If not you're just guessing on the speed. 25mph is hardly wreckless.

Answer 6

The driver should be held liable. I am assuming you got his contact information as well as his car insurance information? I would call his insurance company and make sure they are aware of the accident. They should cover your son's medical bills.

It is up to the police officer that came to the scene of the accident to decide whether the driver was being wreckless. If he found him to be, the driver would have been given a citation.

As far as suing the driver for being wreckless, I don't believe that this is possible. You can, however, sue for medical costs and, in some cases, pain & suffering. An attorney would be able to examine the case and let you know what you can collect for your son's injuries.



Good luck.

Answer 7

Contact an attorney to determine if you have a case.  The other side will be looking at your fitness as a mother.  From what you say he was not supported (held by the hand or controlled) and his getting in front of the car would be your responsibility.  As to the speed of the car, unless you have DOCUMENTED proof of the speed, it is easily disputed.  In this country you can sue anyone any time IF it is a valid case.

Dr. Tommy Skelton, LL.B

Answer 8

You need to talk to attorney for better advice but i believe both

party's are liable the guy who hit it & the dealership where it

happened is private property and they have insurance for this

purpose called liabilty insurance so contact attorney.