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Hit a Pedestrian - What should I expect?

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M

misssmith

Junior Member
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.
 


L

las365

Senior Member
If I were you, I would stop telling people that the accident was (even partly) my fault. It sounds like your position is that for you, this was an unavoidable accident: the kids ran across the street and you couldn't stop in time to avoid hitting one of them. That is what happened, right? Or were you so busy watching the first one that you thought he had made it and didn't brake before you hit the second? Because that's a little different. Anyway, if you know what's good for you, zip it.

You should fully cooperate with your insurance carrier sans the aforementioned acceptance of fault. Trust me, liability will be assessed. Let the rich folks figure out whether to sue the city without your help.

Wha sort of assets do you have? What are your liability limits on your auto policy? Believe it or not, collection-wise it isn't usually worth it for injured people to go after an individual for an excess judgment. If your insurance carrier doesn't settle and you get sued, your insurance company will provide a lawyer for you, but you are still entitled to hire an attorney of your choice. If you have substantial assets, it might be a good idea to have a consultation with a defense attorney now, just so you can start understanding how the whole process works. Oh, and expect to pay for it. Defense work isn't done on a contingent fee and most defense attorneys don't do free consultations.
 
M

moburkes

Senior Member
misssmith said:
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.
Click to expand...
If he cam from left to right, then how did your eyees follow him from right to left?:confused:

Your insurance company is likely to find them at fault, not you.
 
A

alnorth

Member
Agreed, your position is that you are 0% at fault. Stop claiming that you were at fault in any way, and definitely do not admit even partial fault to the person you hit. (You didn't, did you?)

Just because a driver hits a pedestrian does not automatically mean the driver is even partially at fault. If you are following all the laws and some idiot jumps out in front of your car, there is really nothing you can do, its completely their fault and your insurance doesn't pay a dime.

What are they saying? Do they claim that they were somehow legally crossing the street? What's in the police report? Have you already admitted to being even partially at-fault?

As for sueing the city, if you have money forget it. They may sue the city anyway in addition to going after you, but thats a MUCH more difficult proposition, requireing all kinds of expert witnesses to prove that the lack of lights in that area made the street unsafe, and the city was negligent in not providing lights, crosswalks, stoplights, etc. The city wouldn't just roll over on that lawsuit either, they would fight.

You are an easier target, and your position from here on needs to be that although you are sympathetic to the girl's injury and hope she makes a full recovery, you were not at fault at all, and you are not obligated to pay (yourself or your insurance company) her medical bills.
 
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M

misssmith

Junior Member
thanks. It was a typo. My eyes followd him from "left to right". Both of them were running at the exact same time, but the guy was faster than the girl. When i started to brake for the guy, it was a full brake to a stop. I never let go of the brake until I was fully stopped, but since both were running across a the same time, the girl hit my car as I was in the process of stopping 100%. If I hit her at 35mph, she'd be dead.

The police report is not out yet. It takes 2 weeks. Right now, it's their word against mine. (no other witnesses). If they say they walked, then we might have issues. But any sane person would yield to ONE car in the pitch black of night when illegally jaywalking (but that's not me to judge)

As for admitting guilt, that I have NOT done. In the police report and the report to my insurance company, I only stated what happened. I personally feel i did nothing wrong.

I was just under the assumption that though it's 0% the fault of the driver, he/she is always liable. i'm thankful you set me straight there.
 
E

ecmst12

Senior Member
Whether they were walking or running, if they were jaywalking, they are at fault and you are not. If there's not a crosswalk where they were crossing, you're in the clear.
 
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