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pushing my broken down classic car and got hit

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plasticcat

Junior Member
this happened in Simi Valley, CA witch is in ventura county

Well basically my 1964 toyota land cruiser had troubles like most classics so it stalled about 15-20 feet from the next driveway leading to a parking lot.... so i did what i usually do when im so close... i start pushing... now this is where it goes blank... one second im pushing the next im on the ground yelling my legs are broke.... police come.. the guy who hit me stays so he is in the police report then im rushed to the hospital... both femurs broken, right part of my hip is broke and my left tibia is broke. The full recovery time is 1 year... Time till i can walk unassisted 6-9 months.... Time till i can even stand 1-2 months. The worst part of this is i work construction and i use my legs alot at work and probally wont be able to return to work for the full year.. im not eligible for unemployment or workers comp as i work for my dad in a construction company and dont have it as its just a partnership between me and my dad and we are the only employees.


so 2 questions am i at fault because i was half in the road half in the car pushing.... or is he

and 2
if he is found at fault would he be responsible for lost wages....

a few details it was getting dark but id say 7-7:30 and in so cal its still not dark enough for head lights so they were not on witch means no tail lights... and 2nd my car is original and was never equipped with emergency flashers and i can prove this with factory toyota schematics
 


ecmst12

Senior Member
Hard to say who is at fault when you can't even describe how the accident happened. Better talk to a lawyer.

Workers comp wouldn't be involved here unless you were working when the accident happened anyway. And you can't collect unemployment unless you are able to work and actively seeking work. What you WOULD qualify for is disability, and CA has a state plan for that. Look into it.

Sounds like that car is a death trap and not suited for use as a daily driver. But if you'd at least had your lights on the accident might not have happened. That isn't a comment on whose fault the accident was, still not enough information for that. But you could have done more to keep yourself safe while doing something dangerous.

What did the police report say? What did your insurance company say?
 

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