Possible Drunk Diver the cause of wreck involving 11 year old boy on bike
The Louisville Metro Police Department is reporting that an eleven year old boy was struck and injured by a car while riding his bike. A woman driving a Ford Escort lost control of her car causing her to careen into a driveway where the eleven year old was playing on the 4300 block of Shenandoah Drive in Louisville, Kentucky. Unfortunately, the young boy appears to be seriously injured and was taken to Kosair Children’s hospital with life-threatening injuries. Metro Police report that he is in critical but stable condition. The accident happened about 8:00 p.m. Saturday night. The police are also stating that alcohol might have been a factor in the wreck and charges against the woman driving the car are pending.
First, it is always extremely sad when such a preventable accident occurs and we wish the best to this young boy and his family. However, it is the blog’s job to report and comment on issues of legal importance to the community. Here is a little analysis on the situation from auto accident attorney, Brian D. Cook:
Auto accidents involving bikes are treated much the same as those involving two or more cars. That is, for the most part, all of the insurance coverage at play will be the same (though it may come from a different source), the legal analysis of fault will be the same, and the injured person can seek recovery for the same types of damage as well. As with a multiple car accident, the injured party, even though riding a bike will be entitled to PIP (also known as No-Fault coverage). However, in this instance, the PIP coverage will be provided by the other driver’s insurance company (as opposed to a situation where the injured driver of a car would get PIP from their own company). The injured bike rider, like the driver of a car is entitled to the same safety on the roadway as a person driving a car, and negligence, or even gross negligence with a DUI, will entitle the injured bike rider to compensation. Finally, the types of harms and losses that the injured bike rider will be compensated for are the same as if he were simply driving another car: pain and suffering, lost time from work, medical expenses, and other expenses. See this prior post for additional thoughts on car vs. bicycle accidents.
While a car vs. bike case may seem to be a simple matter, no motor vehicle accident (whether it involves multiple vehicles or a car and a bike) is a simple matter and any injured party should seek the assistance of an experienced attorney to help them navigate the tricky waters of the insurance industry and to assure that the receive fair and just compensation for their injuries.
For other thoughts on this accident and alcohol related car accidents, see this entry as well. To speak with an experienced attorney about car accidents and even those involving bicycles, contact Brian D. Cook or any of the other attorneys at Bahe Cook Cantley & Jones, PLC.
