Vehicle vs. pedestrian

[grtownsend]

What is the name of your state? CA

My teenage son was recently hit by a car while crossing against the red. He was cited by the police department and the vehicle owner wants to be paid for damages. This is the catch. The driver claims that he was only going 20mph when he struck my 6' tall son. How is his car damaged and not my son? Shouldn't he been able to stop at that speed? And is he responsible for my son's medical bills? He was sent by ambulance to the hospital because of his age and the fact that the car sent him in the air.

 

[HomeGuru]

What is the name of your state? CA

My teenage son was recently hit by a car while crossing against the red. He was cited by the police department and the vehicle owner wants to be paid for damages. This is the catch. The driver claims that he was only going 20mph when he struck my 6' tall son. How is his car damaged and not my son? Shouldn't he been able to stop at that speed? And is he responsible for my son's medical bills? He was sent by ambulance to the hospital because of his age and the fact that the car sent him in the air.

**A: why have you not contracted a personal injury attorney?

 

[ecmst12]

**A: why have you not contracted a personal injury attorney?

Probably because her son was at fault for the accident. That and he's the injured person, not her.

Yes, he is liable for the damages to the vehicle. A car is not expected to be able to stop when someone darts out into the road other then at a designated pedestrian crossing area. He was jaywalking and was ticketed for doing so. Your son is lucky he was not badly hurt, but I find it hard to believe he didn't have so much as a scratch or bruise, after being sent flying through the air from the impact. If your son lives with you, your homeowners insurance may cover the claim and if you think the damage is excessive, you might want to turn it over to them so they can review the estimate for reasonableness. But no, of course the driver is not responsible for the medical bills - your son was at fault for the accident.