Minor accident with bicycle

[fhill]

My wife had parked her car in a friend's driveway while she dropped off a package. While she was talking with her friend, an 8-year old girl rode her bike to the same house and left her bike directly behind my wife's car (so that the bike couldn't be seen in the rear-view or side-view mirrors). When my wife returned to her car, she did so by walking around the front of the car, and thus did not see the bike. You can guess what happened when she backed up. Question: Who is at fault in this case?

 

[lawrat]

I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

Depends. How did she walk to the car to not be able to see at least a glimpse of a bike behind it?

So, if she really couldn't have and didn't see anything, then she is not at fault. The child is negligent for leaving the bike directly behind a car. But this, too, depends on the child's age, etc. and if this child could reasonably anticipate this happening. I.e. 2 year old kid doesn't know putting hand on hot stove is bad. But 9 year old does.