1. Duty of Care: Both the driver of the car and the child on the bike have a responsibility to exercise reasonable care to prevent accidents.
2. Negligence: The driver may be considered negligent if they breach their duty of care, such as by driving distracted, speeding, failing to yield the right-of-way, or violating traffic laws.
3. Contributory Negligence: In Massachusetts, the legal doctrine of contributory negligence applies, meaning if the child on the bike contributed to the accident through their own negligence, they may be partly responsible for the incident. Factors like the child's age, maturity level, and ability to understand traffic rules are taken into account.
4. Comparative Negligence: In cases where both the driver and the child are found negligent, the state follows a comparative negligence rule. Under this rule, the damages awarded may be reduced in proportion to the child's percentage of fault.
5. Insurance: Massachusetts requires all drivers to have auto insurance, including coverage for bodily injury to others. If the child is injured due to the driver's negligence, their medical bills and other related expenses may be covered by the driver's insurance.
6. Accident Investigation and Evidence: Determining fault may require an investigation into the circumstances surrounding the accident. This may involve examining police reports, witness statements, medical records, photographs, and any available surveillance footage.
7. Legal Representation: Due to the complexity of these cases, legal representation is often recommended. An experienced attorney can help navigate the legal process, assess liability, negotiate with insurance companies, and represent the interests of either the child's family or the driver.
It's important to note that every accident is unique, and fault can vary depending on the specific circumstances. For an accurate assessment of fault and legal rights in a car accident involving a child on a bike in Massachusetts, it is advisable to consult with a legal professional.
