auto and pedestrian accident

[binckley]

What is the name of your state? Ohio

My daughter was hit by a car and suffered injuries. The police did not site the driver, as he said she walked into the side of the vehicle. He did not get any statements from anyone other than the driver and his passenger. What are our legal rights? We have found several witnesses that the police did not talk to also, that have said that my daughter was already crossing the street when she was hit.

 

[JETX]

If the driver was at fault and the cause of your daughters injuries, you should talk with a local PI (Personal Injury) attorney. However, if your daughter walked into the side of the car, the driver may have limited or no liability.

 

[binckley]

So, basically, since the driver was not sited and the police report shows nothing other than the driver and passenger statements to the effect that my daughter stepped off the curb into the car, unless we can get the witnesses to provide statements to the contrary, the driver and his insurance company will probably not be held liable, correct?

 

[JETX]

Without the driver being cited AND with the police report apparently showing that the fault was your daughters, the burden of proving your case is much harder. So, you will have to rely on the evidence itself. For example, are the sustained injuries support your claim?? Does the damage to the vehicle show that she MAY have been hit... (frontal) or that she may have hit the vehicle (side)???

These are just some of the factors that would have to be considered.

 

[binckley]

Her injuries are broken left shoulder and very swollen left knee, and various contusions and abrasions on both sides of her body from rolling down the side of the vehicle, also, there is a rectancular black mark on the jeans she was wearing just above her left knee that goes all the way across. I have no idea where that would have come from, except the bumper. The police report shows the major damage is on the passenger side before the mirror with the mirror also being broken off.

This incident occured at an intersection with stop signs posted at the two side streets, not the street she was trying to cross and the driver was on. I have also looked at the street markings and there is no marked crosswalk, and where she was at, there really wasn't a walk as there is a business located on that corner and their entrance to their parking lot goes clear to the corner. There are however, walks with wheelchair access on all the other corners. Will this make any difference as to who had the right of way?