rights of pedestrian with severe head trauma

[philpal]

in pa can you sue a driver for hitting a child pedestrian who substained severe hea trauma if the child ran in front of the car.

 

[ALawyer]

It depends on the EXACT facts. While the child may be at least partially at fault, whether you would win -- or get a decent settlement -- often depends if the driver also may have been at fault. Was the driver going too fast UNDER THE CIRCUMSTANCES, such as with kids playing in the street. Was he drinking? Not paying attention?

Get to an auto accident or personal injury lawyer NOW and get the lawyer's evaluation!

 

[djdj]

I would SUE the child AND the parents for parental neglect...If the parents are DUMB enough not to accept responsiblity for the child's actions

WHY? because if the drivers insurance company PAYS ANY MONEY for the child say for medical bills, the drivers insurance rates will go UP.... and he Would lose his safe drivers discount

That is just plain WRONG!, but it is in the insurance contract .......so even if you agree to pay OUT OF CONVIENENCE and avoid a lawsuit...The insurance company CAN AND WILL SCREW YOU....

SO you have a legal right NOT to pay the kids bills if the kid is at fault..and demand that if the insurance company wants to pay the kids medical bills they it will be on THEIR DIME NOT YOURS!

You will probably have to sue your insurance company for Insurance FRAUD, for just handing money over to a kid when the kid is at fault!

[Edited by djdj on 02-18-2001 at 08:50 AM]