Can I sue the driver if my son was hit by his car while just crossing the driveway?

My son was riding a bicycle he crossed the street of a drive way and a car hit him on the left side shoulder knee and head.
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Answered By: Andrew T. Velonis, P.C.
Since it was your son who was injured, it is he who would be suing the driver of his car, assuming that the driver had permission from your son to do so. Investigation is needed as to why the driver and your son did not see each other and take action to avoid the collision. Your son would have to prove that he suffered a "serious injury" as that term is defined by law. This includes death, fractures, a total disability that lasts 90 days or a permanent partial disability. The injury must be confirmed by objective medical proof such as an x-ray, MRI, CT scan or nerve conduction study.

Answer Applies to: New York
Replied: 9/21/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: LT Pepper Law
There is a suit here as the driver was likely negligent in the operation of the car. Of course the case will have to put together.

Answer Applies to: Pennsylvania
Replied: 9/20/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Law Office of Jared Altman
Yes. If the driver was at fault then you can sue.

Answer Applies to: New York
Replied: 9/20/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: The Law Office of Stephen R. Chesley, LLC
If someone else is driving your vehicle and hits you, you still can bring a case against the driver.

Answer Applies to: New York
Replied: 9/20/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

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