There is a reason that states, including Massachusetts, have laws delineating the age that a person must be before they are able to obtain a driver's license. Many teens have shorter attention spans and are less able to concentrate on a single task when compared to their adult counterparts. While operating a motor vehicle is off limits without a license, riding a bike or other forms of transportation is still fair game. This puts teens on the same road as fast moving vehicles, but without the protection of a car.
A teenager is recovering after being hit by a school bus on his way home from school. The teenager, who is in a medically induced coma, was near the entrance of a local Massachusetts high school when he was stuck by a school bus on its way to the middle school. The bus accident occurred as the high school was letting out of the day. Although Massachusetts has a helmet law the teen was not wearing one at the time of his accident and suffered serious head injuries. There have been no charges filed in the case as police continue their investigation.
Under Massachusetts law, anyone under the age of 16 who is riding a bike must do so with a fastened helmet on their head. The decision to file a lawsuit will likely be influenced by the results of the police investigation. Even if successful in a lawsuit, the teen's award is likely to be reduced. Because Massachusetts follows a modified comparative fault framework, any judgment the teenager is awarded is likely to be reduced, due to his not wearing a helmet in accordance with Massachusetts law.
An accident can have multiple causes. Some accidents are all the fault of one person, while in other cases, multiple people even those who are injured are to blame.
Source: MilFord Daily News, "Northbridge High student hit by bus in stable condition," Mike Gleason, Sept. 12, 2014