Brother hit a pedestrian

[rottielover]

What is the name of your state? Missouri

First off, I wasn't there I don't know exactly what happened, I can only give you the 2nd hand story...

That being said, really my only question is, should I tell my little brother to hire a lawyer in this situation (he's 21)?

Apparently on his way home from work he was going down a large street approaching a stop light. By large street I mean there are a total of 4 lanes at this intersection, two lanes run the length of the road, one left hand turn, and one right hand turn. There was a large truck in front of him (18 wheeler) who was in the left turn lane. The lights for the straight thru traffic (for my brother) were green and he was in the left straight thru lane. Apparently a woman "jumped" out in front of the 18 wheeler who was going slow enough to stop (as the light had turned green he started to go, and slammed the brakes when she appeared), however my brother who was coming up from the last stop light got up to about 35 mph in a 40 mph zone and she ran in front of the truck and popped out when he was about 10 feet from the intersection. He swerved over to the right as far as possible, but there was a car in that lane, so his driver side rear-view mirror clipped her arm (and was torn off the car) and her legs went under the rear wheel (this is a smaller sized SUV, Similar to the Ford Explorer, or Jimmy) and were broken ( I don't know if both legs or one leg was broken).

According to the police report (I don't have the copy here in front of me as I type this) the officer at the scene got the accounts of 3 other eyewitnesses, all giving the same story, "the woman jumped out", they all thought she might be suicidal. The officer went on to say that my brother was "not at fault". The woman was taken to the hospital to treat her broken leg and for mental evaluation.

Being that my brother is fresh out of school, he doesn't have many assets or much money, but I want to try and help him protect what little he has. This is most decidedly a tragedy, especially if the woman really was/is suicidal.

So the major question is, should we hire an attorney, or just trust that his insurance company will handle things?

Other more minor questions: Do you think she has any case to bring, assuming that she wasn't suicidal, (she was jaywalking as the officer at the scene noted a ticket issued to her for that)?

What steps should he take in order to protect himself/his money in this situation?

Not being there I'm at a disadvantage of not knowing exactly what happened. However, my brother is one of the most trustworthy people I know, and being that he is backed up by the Police Report and Eyewitnesses, I have to believe that his account is accurate.

Thanks in advance.

[seniorjudge]

Get a lawyer.

Yesterday.

[Meatcutter]

Originally Posted by rottielover

What is the name of your state? Missouri

First off, I wasn't there I don't know exactly what happened, I can only give you the 2nd hand story...

That being said, really my only question is, should I tell my little brother to hire a lawyer in this situation (he's 21)?

Apparently on his way home from work he was going down a large street approaching a stop light. By large street I mean there are a total of 4 lanes at this intersection, two lanes run the length of the road, one left hand turn, and one right hand turn. There was a large truck in front of him (18 wheeler) who was in the left turn lane. The lights for the straight thru traffic (for my brother) were green and he was in the left straight thru lane. Apparently a woman "jumped" out in front of the 18 wheeler who was going slow enough to stop (as the light had turned green he started to go, and slammed the brakes when she appeared), however my brother who was coming up from the last stop light got up to about 35 mph in a 40 mph zone and she ran in front of the truck and popped out when he was about 10 feet from the intersection. He swerved over to the right as far as possible, but there was a car in that lane, so his driver side rear-view mirror clipped her arm (and was torn off the car) and her legs went under the rear wheel (this is a smaller sized SUV, Similar to the Ford Explorer, or Jimmy) and were broken ( I don't know if both legs or one leg was broken).

According to the police report (I don't have the copy here in front of me as I type this) the officer at the scene got the accounts of 3 other eyewitnesses, all giving the same story, "the woman jumped out", they all thought she might be suicidal. The officer went on to say that my brother was "not at fault". The woman was taken to the hospital to treat her broken leg and for mental evaluation.

Being that my brother is fresh out of school, he doesn't have many assets or much money, but I want to try and help him protect what little he has. This is most decidedly a tragedy, especially if the woman really was/is suicidal.

So the major question is, should we hire an attorney, or just trust that his insurance company will handle things?

Other more minor questions: Do you think she has any case to bring, assuming that she wasn't suicidal, (she was jaywalking as the officer at the scene noted a ticket issued to her for that)?

What steps should he take in order to protect himself/his money in this situation?

Not being there I'm at a disadvantage of not knowing exactly what happened. However, my brother is one of the most trustworthy people I know, and being that he is backed up by the Police Report and Eyewitnesses, I have to believe that his account is accurate.

Thanks in advance.

File with his insurance company, they will provide an attorney to defend him at no charge. The insurance company probably has more money to lose than him, based on him not having many assets. They will do what is necessary to protect him and their money.

[apie1]

meatcutter is defintely right on this, go thru the insurance company, but as seniorjudge had mentioned, u may want to consult another lawyer to get another opinon and to understand your rights.