Legal Question in Personal Injury in Michigan

Pedestrian/Auto Accident

My husband was a pedestrian and he was hit by a off duty volunteer fire fighter driving his own truck. I was wanting to know about the pedestrian laws and if this would fall into catagory with them. The driver failed to yield to a car with hazards and jumped a tree and struck my husband. The police wrote the cause of accident was a ''pedestrian error''. I am very confused about how this could happen, my husband is to blame for being on the road side? Please help me understand.


Asked on 5/15/01, 8:54 pm

3 Answers from Attorneys

Re: Pedestrian/Auto Accident

To Whom It May Concern:

This email is in response to your email of May 15, 2001, regarding your husband being hurt as a pedestrian.

Based on the facts you presented, it does not make any sense to me why the police officer would indicate �pedestrian error�.

I am willing to discuss this with you in more detail. You can contact me by calling (313) 561-5700.

Sincerely,

Charles L. Nichols

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Answered on 5/17/01, 1:25 pm
Don Darnell Darnell & Lulgjuraj, P.C.

Re: Pedestrian/Auto Accident

Sounds like the driver may have been negligent. With regard to what the police officer reported, unless he/she actually witnessed the accident, the report is likley to have little bearing in the outcome of a civil action to recover damages. The reason for this is that the officer's "opinion" as to what happened is inadmissible in court.

You should probably speak with an attorney about whether you can recover money damages for your husband's injuries. I am willing to meet with you at no cost to you to discuss this matter.

May your husband has a full and speedy recovery.

Don Darnell

734/544-7676

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Answered on 5/17/01, 7:54 pm
Don Darnell Darnell & Lulgjuraj, P.C.

Re: Pedestrian/Auto Accident

Sounds like the driver may have been negligent. With regard to what the police officer reported, unless he/she actually witnessed the accident, the report is likley to have little bearing in the outcome of a civil action to recover damages. The reason for this is that the officer's "opinion" as to what happened is inadmissible in court.

You should probably speak with an attorney about whether you can recover money damages for your husband's injuries. I am willing to meet with you at no cost to you to discuss this matter.

May your husband have a full and speedy recovery.

Don Darnell

734/544-7676

Read more
Answered on 5/17/01, 7:54 pm


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