pedestrian/auto accident in a campus parking lot

[ecmst12]

If your case were to come across my desk, I would deny your claim as you failed to use due care and yield the right of way when crossing the street. Once more, the burden was on YOU to cross with care, not on the driver to predict that you were going to jump out in front of her.

This lawyer is hoping that the insurance company will just pay without a fight. Which they might do, sometimes a business decision is made that it's easier/more cost effective to pay then fight. If they deny your claim and you would have to proceed to trial to get anything, I predict the lawyer will either drop you like a bad date, or require a large retainer to proceed to an expensive trial that you have minimal chance of winning.

If they DO decide to pay, the amount will depend on your medical bills, length of treatment, and permanent damage if any. Your claim will be presented once your treatment is complete. Settlement can take anywhere from a few months on up. Having a lawyer makes the process even slower.

 

[lavery]

If this happened to you and you thought you had a claim, I'm sure you would sue too. I knew that I should have been paying more attention, but I've always heard that a pedestrian has the right of way, even if not in a crosswalk. If you hit a pedestrian with a car, as I understand it, you're screwed already, but if it's in a crosswalk then you are even more screwed. I've never heard anyone in my life discuss this business that it's fine for a car to hit a pedestrian outside a crosswalk, even if the driver wasn't paying attention either.

The injury was more on my mind than anything at first, but older students kept telling me to talk to an attorney and one guy even told me I should to support the profession. My professors said it wasn't a bad idea just to protect my rights.

This injury has affected my life significantly, but I doubt there will be any permanent damage. I know I'm very lucky. I'm not trying to say I should get a huge amount for pain and suffering or even things like not being able to carry my books anymore should have a legal remedy. I just don't think I should have to pay medical bills out of my own pocket for something that could have been prevented.

 

[Zigner]

If this happened to you and you thought you had a claim, I'm sure you would sue too. I knew that I should have been paying more attention, but I've always heard that a pedestrian has the right of way, even if not in a crosswalk. If you hit a pedestrian with a car, as I understand it, you're screwed already, but if it's in a crosswalk then you are even more screwed. I've never heard anyone in my life discuss this business that it's fine for a car to hit a pedestrian outside a crosswalk, even if the driver wasn't paying attention either.

The injury was more on my mind than anything at first, but older students kept telling me to talk to an attorney and one guy even told me I should to support the profession. My professors said it wasn't a bad idea just to protect my rights.

This injury has affected my life significantly, but I doubt there will be any permanent damage. I know I'm very lucky. I'm not trying to say I should get a huge amount for pain and suffering or even things like not being able to carry my books anymore should have a legal remedy. I just don't think I should have to pay medical bills out of my own pocket for something that could have been prevented.

You heard wrong...

 

[lavery]

I'll have to check the laws of my state to see if what you're saying applies in my state. Just because drivers won't be criminally charged or given citations for it doesn't mean that there's no case against them in civil court. If you hit a pedestrian in a crosswalk, you'd definitely be facing some citations, but if you injure a pedestrian outside a crosswalk, you may still have to pay for their damages if you could have prevented it. The woman in this case could have avoided the accident if she was paying attention. I wish I had seen her coming; she was probably chatting on her cell phone or changing the radio station.

 

[ecmst12]

Actually, this DID happen to me, and I was found at fault and even got cited, lucky me. My own PIP coverage paid my medical bills and I didn't get a cent in my pocket for my troubles. And it was my fault for crossing the street without looking. And guess what - I don't do that any more!

If you had med pay coverage on your own auto insurance, or at least decent health insurance, you wouldn't have to pay your bills out of your pocket. The fact that you didn't have this coverage is not the driver's fault, any more then it's her fault that you darted out in front of her.

 

[Zigner]

I wish I had seen her coming; she was probably chatting on her cell phone or changing the radio station.

Or, she could have been driving and you walked out right in front of her leaving her no opportunity to see you.
We'll never know (based on your knowledge) because YOU weren't watching what was going on!

I'm done...my head is bleeding from banging it against this wall.

 

[JustAPal00]

My main question is not whether or not I was at fault, but how long this will take and what amount I should expect to receive from a settlement.

Even though you don't want the answer, you were at fault! Now that doesn't mean you won't get anything. As was pointed out, your lawyer can keep it tied up in court until the insurance company decides it's cheaper to pay then to fight, even though they are in the right! This kind of extortion goes on all the time and is part of the reason why we all pay so much for insurance! Keep in mind that if they do settle, you will be responsible for all the bills out of the settlement. You will have to pay the lewyer and you will have to repay your insurance company any money they paid.

 

[OldandTired]

but if you injure a pedestrian outside a crosswalk,

This is the key to this whole incident. It was outside of a crosswalk. You were outside of a crosswalk. You had the duty to watch for traffic. Traffic did not have the duty to watch for you. It was avoidable yes, but on your end. You are the one that had the duty to stop and wait for a clearing. The driver of the vehicle did not have to stop and wait for you.

Does this make sense to you now?

 

[lavery]

Okay, I've already pointed this out before, but there was no crosswalk or traffic control. I always use crosswalks and you better believe I look 5 times both ways before crossing now. From the way you guys talk you'd think I ran out in front of it on purpose just to scam the insurance company. My auto insurance is covering part of it. I have gotten zero useful information from this site, so I'm giving up now. I doubt you guys have any knowledge of the law whatsoever, you're just bored internet surfers, so it's hard for me to believe what you say since you refuse to back it up with any legitimate source as I respectfully asked.

 

[Zigner]

Okay, I've already pointed this out before, but there was no crosswalk or traffic control. I always use crosswalks and you better believe I look 5 times both ways before crossing now. From the way you guys talk you'd think I ran out in front of it on purpose just to scam the insurance company. My auto insurance is covering part of it. I have gotten zero useful information from this site, so I'm giving up now. I doubt you guys have any knowledge of the law whatsoever, you're just bored internet surfers, so it's hard for me to believe what you say since you refuse to back it up with any legitimate source as I respectfully asked.

You've received EXCELLENT and ACCURATE advice and information here.

Unfortunately, it's not what you wanted to hear.

 

[lavery]

I received a bunch of sarcastic opinions based on no research or experience whatsoever. Your insults weren't even FUNNY. You completely ignored that there was no crosswalk available and did not suggest what I should do if there is no legal way to cross. Nor did anyone address her negligent driving. A motorist is always responsible to look out for pedestrians, and again, she did not say I ran out in front of her, but that she did not see me whatsoever. I'm the person that was injured in this case, and her car received $50 in damage of hitting me. I'm glad you guys aren't in charge of this case, because you'd have me paying for that damage, plus stuck with all my medical bills.

If the woman who hit me posted about the exact same scenario, I have no doubt that you'd be flaming her for hitting a pedestrian.

 

[OldandTired]

Okay, I've already pointed this out before, but there was no crosswalk

We all got that part. This is the whole issue. There was no crosswalk, so therefore, under legal determinations, YOU ARE THE ONE THAT HAD TO YIELD RIGHT-OF-WAY. We all get it. We all understand that there was no crosswalk. So absent a crosswalk or traffic control, it becomes YOUR DUTY as the pedestrian, to yield the ROW. I can't believe you're a law student and you can't get this. Why is this so difficult for you to understand?

I have gotten zero useful information from this site

and from all of those expensive law books you must have had to purchase. If you can't understand an argument as simple as this, may I suggest enrolling in a field that doesn't require so much intense thought, something like, becoming a Notary Public?

since you refuse to back it up with any legitimate source as I respectfully asked.

We're not doing your homework for you. You just thought it was that easy.

 

[lavery]

I'm just a first year student, and I haven't taken torts yet so don't act like I should have some knowledge about this. I have no doubt that this will settle out of court, and I clearly stated that I just wanted to know how much to expect and how long it will take. You don't know enough facts about this case to make that kind of judgment, to say I was clearly at fault. The police report is mostly based on what the woman said, and the campus police officer interviewed me at the hospital when I was in lots of pain and just had a shot of morphine, which is why my answer sounds so stupid, so he was pretty generous I think in not issuing a citation and saying she wasn't speeding. I can see why attorneys make such a decent salary, because the advice you get for free is worth nothing. i guess you get what you pay for so I really can't complain.

 

[OldandTired]

Well you seem to have all of the right answers, so go forth, and sue for millions!! Be another one of the statistics that continue to drive up the cost of insuring automobiles.

Sleep well at night knowing you have left your mark on society.

 

[Zigner]

I'm just a first year student, and I haven't taken torts yet so don't act like I should have some knowledge about this. I have no doubt that this will settle out of court, and I clearly stated that I just wanted to know how much to expect and how long it will take. You don't know enough facts about this case to make that kind of judgment, to say I was clearly at fault. The police report is mostly based on what the woman said, and the campus police officer interviewed me at the hospital when I was in lots of pain and just had a shot of morphine, which is why my answer sounds so stupid, so he was pretty generous I think in not issuing a citation and saying she wasn't speeding. I can see why attorneys make such a decent salary, because the advice you get for free is worth nothing. i guess you get what you pay for so I really can't complain.

Hey, YOU'RE the one who threw out that you were a law student.
Again, you have received ACCURATE legal advice. YOU are just too thick-headed to understand it.