High-tides and Pickup Trucks

Friday, July 28, 2017 by The Law Offices of J. Jeffrey Herman

Imagine you are driving near a beach and right next to you is a four-year-old riding a wave. The next thing you know, the boy has collided with your car. Now this sounds like an unlikely scenario but it actually happened recently in Florida. The weather had been dreary and the waves were extra high. The tide was beginning to reach the street and the beach had to be closed for vehicle traffic. The boy was only four years old and riding a bodyboard at the time of the accident. Even though he is said to recover the ordeal is nowhere near over. There will be several legal issues to address along with figuring out who will be paying for the medical bills and damages caused by the incident. A Ventura County pedestrian accident attorney can take a look at the issues and determine how to regain compensation for medical expenses and other damages.

Was it avoidable?

Nature has a mind of its own and is capable of creating freakish accidents like the one described above. Even though many accidents can be avoided some cannot. The only thing you can do is to follow safety precautions and try to stay safe. The boy should have been accompanied by an adult especially at such a young age. The driver should have been more cautious driving next to the beach and with the tide coming in. Vehicles no matter how slow they are going can be dangerous to pedestrians. When sharing the road both will need to be cautious and respect each other’s space. This can prevent accidents and serious injuries.

Personal injury Elements

The child understandably sustained serious injuries but is said to survive and recover. Who is left to pay the medical bills is still up for debate. It has to determine who the negligent party was first to then see who will be required to pay damages and medical bills. It is advised for both parties to obtain counsel from an experienced personal injury attorney. The most important element is recovering from the injuries sustained both physically and emotionally. Attorneys can help you fill out any required paperwork and find you proper medical care. A personal injury case relies heavily on proving the injuries were caused due to the negligence of another party. If they knowingly caused an injury, it will become a more complex issue.

How a Ventura County Personal Injury Attorney can help

An experienced personal injury attorney in Ventura County can review the elements of the case and help determine negligence and fault. They can then begin to compile evidence like witness reports, videos and photos related to the incident. Next, they will determine damages owed and find a plan of action that will leave you in the best position after such a traumatic experience. By the end of the legal proceedings, you will have been placed in the best position to successfully settle your case.