8 Year Old Rides into Side of Oncoming Truck
On May 5, 2020, an 8-year-old boy was riding his bicycle when he collided with the side of an approaching commercial truck, which ran over him.
The child plaintiff, then eight years old, was out on a bicycle ride with his grandfather during the early days of the COVID-19 epidemic. The child was following his grandmother down a driveway in a commercial area surrounded by restaurants and other businesses.
At the time of the collision, a box truck was parked on the right side of the road at the end of the driveway. The truck’s driver was seated inside, blocking the view of the vehicles exiting the driveway, including walkers and bikers. At the same time, a second commercial truck was driving through the driveway. That driver did not slow down or check to see if anyone was exiting to his right.
When the minor plaintiff was riding his bicycle, he collided with the side of a passing commercial truck. The truck’s back wheels ran him over. Two surveillance cameras mounted on nearby businesses captured the accident on video.
Disparities in the driver’s account of his speed and driving record, as well as the statements he made on his employment application and training, were discovered during the discovery process.
A Massachusetts health lien of $236,685.01 remained unresolved. Plaintiff’s counsel found it difficult to negotiate a reduction, claiming that the lien was governed by the formula in Arkansas Department of HHS v. Ahlborn, 547 U.S. 268 (2006), which stated that the amount of the settlement representing reimbursement for pain and suffering was excluded from the lien.
Ultimately, the state agreed to reduce the fine to $175,000.