My son and his best friend were racing each other down a hill, lost control and collided. I think it was his friend’s fault, but his parents say it was both their faults. Who is liable?

Liability in this case may be a difficult thing to determine. Presumably both boys agreed to race and it may not be clear what exactly caused them to lose control and collide. Each boy probably has a slightly different story!

In this case, it is likely that both boys are almost equally at fault and that any case would end up with offsetting damages. Some of the things that will be taken into account will include: how badly your son was hurt, how badly the other child was hurt, what caused the accident, whether the two boys often raced their bikes, and whether one child had to be talked into racing or whether both agreed.

If the injury happened on your friend’s land, your son’s damages may be covered by your neighbor’s homeowner’s insurance policy. Additionally, your automobile insurance policy may cover the injury to your son. It may be easier to file a claim on your insurance than to try and prove that your son’s friend was primarily liable.

One very big issue to consider is what your son’s damages are. If neither child has a particularly severe or permanent injury and particularly if all your son’s medical expenses were covered by insurance, there may be very little to be gained by filing a lawsuit against your son’s best friend and his family. The lawsuit may end the friendship your son now enjoys. Thus, you should carefully consider all the possible ways for this suit to end, including the fact that you might not end up with any damages and your son may lose his best friend.