What is the name of your state? California
Accident occurred in an affluent area at 10:00pm (night)
No street lights, No homes nearby (no lights)
NO moon that night, Clear skies otherwise (pitch black)
No cross walk
Speed limit 35mph, I was going 35
No other cars approaching or behind me
All my headlights are functional
No cell phone, No radio
No citation given to me.
In this DARK night, I was driving straight on this city street, and a teenager came out of nowhere and ran in front of my car from left to right apparently trying to cross the street. He made it over as I started to brake. My eyes followed him from right to left. Then I hit the 2nd one that was right behind him trying to beat my car (who I didn't see at all). She flipped over my hood and landed on the ground next to my driver side door. I pulled over immediately. The 1st kid called the police since I do not have a cell phone. She ended up suffering a broken hip and arm but lived. She'll probably go through rehab and such. I was not given a citation. My driving record is still clean.
Under the circumstances, dark and jay-running, I do not believe I was negligent in ANY way because in my opinion, any normal person could not have done anything to avoid what happened. I am not saying I'm not partly at fault, just not negligent.
I believe there are 3 parties liable here:
1. Driver (driver is always liable to some extent)
2. Her fault (jaywalking and clearly playing chicken)
3. City (no street lights)
I'm sure my insurance will pay for all her medical bills, but what I'm afraid of is her family getting a hold of a PI Lawyer. People in this area have a LOT of money. If they get a good lawyer, I could be in for big trouble. I'm about to retire, and as far as I'm aware, if they have a good lawyer, they can take millions and put a lien on my home. My life along with my family would be in utter ruin. All because kids wanted to be kids.
Questions:
1. what is the liklihood of them winning a multi-million dollar lawsuit, and me paying a % of what I was liable for?
ie: if jury finds me 30% at fault, & the suit was for $4mill, then i would have to pay $1.2M
2. In a scenerio like this, what would a PI attorney recommend for the amount for damages?
3. Is there any way I can persuade them that they should take on the City for not having properly lit streets rather than taking on me? (they can prob be rewarded more?)
4. Should I just trust my insurance company and their lawyers? or should i prematurely go out and get one of my own? I hear these things can last years, and that if there is a lawsuit, it wouldn't occur until the other party was almost healed.
5. Is there anything I can do right now to be more proactive rather than just waiting for the lawsuit that may or may not happen?
Thanks.
Accident occurred in an affluent area at 10:00pm (night)
No street lights, No homes nearby (no lights)
NO moon that night, Clear skies otherwise (pitch black)
No cross walk
Speed limit 35mph, I was going 35
No other cars approaching or behind me
All my headlights are functional
No cell phone, No radio
No citation given to me.
In this DARK night, I was driving straight on this city street, and a teenager came out of nowhere and ran in front of my car from left to right apparently trying to cross the street. He made it over as I started to brake. My eyes followed him from right to left. Then I hit the 2nd one that was right behind him trying to beat my car (who I didn't see at all). She flipped over my hood and landed on the ground next to my driver side door. I pulled over immediately. The 1st kid called the police since I do not have a cell phone. She ended up suffering a broken hip and arm but lived. She'll probably go through rehab and such. I was not given a citation. My driving record is still clean.
Under the circumstances, dark and jay-running, I do not believe I was negligent in ANY way because in my opinion, any normal person could not have done anything to avoid what happened. I am not saying I'm not partly at fault, just not negligent.
I believe there are 3 parties liable here:
1. Driver (driver is always liable to some extent)
2. Her fault (jaywalking and clearly playing chicken)
3. City (no street lights)
I'm sure my insurance will pay for all her medical bills, but what I'm afraid of is her family getting a hold of a PI Lawyer. People in this area have a LOT of money. If they get a good lawyer, I could be in for big trouble. I'm about to retire, and as far as I'm aware, if they have a good lawyer, they can take millions and put a lien on my home. My life along with my family would be in utter ruin. All because kids wanted to be kids.
Questions:
1. what is the liklihood of them winning a multi-million dollar lawsuit, and me paying a % of what I was liable for?
ie: if jury finds me 30% at fault, & the suit was for $4mill, then i would have to pay $1.2M
2. In a scenerio like this, what would a PI attorney recommend for the amount for damages?
3. Is there any way I can persuade them that they should take on the City for not having properly lit streets rather than taking on me? (they can prob be rewarded more?)
4. Should I just trust my insurance company and their lawyers? or should i prematurely go out and get one of my own? I hear these things can last years, and that if there is a lawsuit, it wouldn't occur until the other party was almost healed.
5. Is there anything I can do right now to be more proactive rather than just waiting for the lawsuit that may or may not happen?
Thanks.