Legal Question in Personal Injury in California

Am I liable? I was riding my skateboard on jr college campus and ran into a car that was driving down the road. Bushes obstructed my view of the car and have now since been cut down. The driver wants me to pay $2000 for a dented door. So who is liable for the damages?


Asked on 1/06/10, 10:03 pm

2 Answers from Attorneys

Stephen Petix Quinton & Petix

The facts you provide are rather sketchy, so this answer will naturally be general in nature.

For instance, it would be helpful to know whether you tried to cross at an intersection or at a marked pedestrian cross-walk.

When I was a kid, my parents and teachers always reminded me to stop and look both ways before crossing the street. That's where folks drive their cars. If you did not stop to look, you may be held to have been negligent and thus liable for damages.

If you did stop to look before crossing the road, and the bushes obstructed your vision so that you could not cross the road safely (that is, so that you could not see cars far enough up the road to make a decision whether you could safely cross), it might still be argued that you were negligent in entering the road, rather than looking for a safe place to cross.

If the college authorities marked this as a pedestrian cross-walk, it may be contended that they were also negligent in not trimming the bushes so that students could cross safely, but it is likely that you will also be found negligent in trying to cross at a place where you could not see sufficiently well to cross safely.

The only other factor that might make a difference is whether the driver of the car you hit was speeding (that is, going too fast for conditions), so that whether you could have seen him would not have made a difference. (You have a right to assume that a driver is not going too fast when you attempt to cross.) You would probably need to have an independent witness of the speeding.

That's my opinion, with the facts provided. Other attorneys may disagree.

I do hope you were not injured.

I hope that you were not injured

Read more
Answered on 1/12/10, 10:49 am
Melvin C. Belli The Belli Law Firm

Based on the few details you provided I would ask who had the right of way? Whoever did not have the right of way is at fault for the collision.

If you blew a stop sign or do not walk or did not cross at the marked intersection you would most likely be at fault.

Good luck and remember to wear your helmet.

Read more
Answered on 1/12/10, 1:15 pm


Related Questions & Answers

More Personal Injury Law and Tort Law questions and answers in California