Legal Question in Civil Litigation in California
Wrongful death suit
My brother was driving down the street after dark and a drunk man riding a bike, wearing all black with no lights on his bike or reflectors jetted across the street infront of him. Witnesses from the bar said the man was very drunk and a witness that saw the accident said the man jetted across the street and hopped the median the separates the 2 ways of traffic and no where near a crosswalk and when he came down my brother hit him. There was no time for my brother to react. The police on the sceen told my brother that he was a victim too and the accident was not his fault. The family of the man is now sueing for wrongful death. How can they do this and will they win? The man that was killed was the one who caused the accident.
1 Answer from Attorneys
Re: Wrongful death suit
Have your brother immediately tender the lawsuit to his insurance carrier. Because the bicyclist was drunk (and it can be proven), more than likely the bicyclist violated the Vehicle Code and was negligent per se. The only way to win is to defend himself in court. That's why he has insurance.
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