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Pedestrian hit by car..

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dreamop

Junior Member
What is the name of your state? Nevada

I was crossing the street to go to work last month, when I was hit by a car going approximately 40 MPH in a 35 MPH zone, breaking both of my legs and two vertebra in my neck.
I was ticketed for jaywalking, (in the emergency room, no less) and the driver, who according to a witness, ran a red light, was speeding, and made no attempt to avoid hitting me on a 6 lane road, was not ticketed. She also made statements such as "How much is this gonna cost me?" at the scene, while I was bleeding profusely from my head and trying to crawl out of the road.
We are in the process of trying to get the driver cited by the local police department.
I am having a hard time getting help from charities or social services, and the lawyers I've talked to have refused to even talk about my case with me, saying I was "51.1% at fault" without knowing the details of the case.
Any help would be very much appreciated, from legal advice, to any organizations that can help.

Thank you.What is the name of your state?
 


Zigner

Senior Member, Non-Attorney
Ticketed for what? Were you crossing at a legal crosswalk? If not, then any tickets the other driver may receive have no bearing on your problem.
Also, please explain how you know that the driver was driving 5 mph over the speed limit...
 

ecmst12

Senior Member
I'd put you at more than 51% at fault, if you were jaywalking. I'd put you at more like 99% at fault. You should not have been crossing the street other then at a crosswalk; had you not been in the middle of the street where you did not belong, the driver would not have hit you.

You will not be successful in getting the driver cited, and even if by some chance you were, that would not change the fact that you are responsible for your injuries. If you have no medical coverage on your auto insurance and no health insurance, you could see if you qualify for Medicaid. Otherwise, your only option appears to be to work out a payment plan with the hospital.
 

CdwJava

Senior Member
I was crossing the street to go to work last month, when I was hit by a car going approximately 40 MPH in a 35 MPH zone, breaking both of my legs and two vertebra in my neck.
My first impression is that you crossed between crosswalks when it was unsafe to do so - almost certainly a violation of the NV vehicle code.

I was ticketed for jaywalking, (in the emergency room, no less)
You apparently were doing so.

and the driver, who according to a witness, ran a red light, was speeding, and made no attempt to avoid hitting me on a 6 lane road, was not ticketed.
Going 40 in a 35 will not have contributed to your injury or placed the driver at fault ... running a red light would not be relevant unless you were in a crosswalk at the far end of the intersection ... and no attempt to avoid you is generally required. You were where you should not have been. No matter what other violations the driver might have incurred, they are separate from the cause of the collision.

YOU caused the collision by being in the road in violation of state law.

We are in the process of trying to get the driver cited by the local police department.
To reiterate a previous poster: "For what?"

Plus, the police are not going to issue a citation so long after the fact. If they feel a violation of the law had occurred, they can file with the district attorney as appropriate. However, it still would no take away your fault in the collision.

I am having a hard time getting help from charities or social services, and the lawyers I've talked to have refused to even talk about my case with me, saying I was "51.1% at fault" without knowing the details of the case.
Based upon your statement here, I'd say you were almost solely at fault. Fault assigned by the police at a scene of a collision is generally for ONE party only. The Primary Collision Factor is that one act when removed from the equation would have prevented the collision.

The driver's speed ... had the driver been going 5 MPH slower, would the collision have been avoided? Maybe ... but probably not.

The red light ... if the driver had not run the red light a block or so away, would the collision have been avoided? Maybe ... IF he truly ran a red light - a fact that may be in dispute.

Your presence in the road ... if you had not been crossing between crosswalks, would the collision have been avoided? Almost certainly.

Hence, your being cited as the party at fault.

Insurance companies and civil courts are free to assign fault however they see fit and are not bound by the police report, however. So, if you want to get a pay out you need to find a lawyer who will advocate for you with the other guy's insurance company. But, if you are seen as the party at fault, there may not be much money in it for them, so you may have a hard time finding an attorney.


- Carl
 

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