Legal Question in Personal Injury in California

Hi: My Mom (74y/o) was hit by car this morning (around 8:35am, 01-28-2010) while crossing a street. She was taken to the ER and so far no bone injury, but there are brain interal bleeding. She is not staying in ICU of Regional Medical Center of San Jose.

The driver stopped and later give police his name, phone, insurance.

My Mom has a clear mind and recalled that she started crossing when the red light if changed to a walking figer, also she saw two people from oposit direction were walking towards her. And all cars were stopped.

But the police told me that the driver says he was driving with green light, and the police talked to a witness who was waiting a red light and was trying to go the same direction as my Mom. So the police tends to conclude that my Mom was crossing when her light is red.

I believe what my Mom said and I do not think the info provided by the witness is correct.

In this case, what should I do?

Thanks for your help!

Michael


Asked on 1/28/10, 10:17 pm

3 Answers from Attorneys
Daniel Bakondi The Law Office of Daniel Bakondi

You should have an attorney help you reconstruct the incident, and find the facts. Let me know if you would like my help - I have worked on similar reconstructions.

Best,

Daniel Bakondi, Esq. [email protected] 415-450-0424

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Answered on 2/02/10, 10:37 pm
Arkady Itkin Law Office of Arkady Itkin

Hello,

I am sorry to hear about your mom's bad accident. She should get the right care and treatment at the hospital, and then meet with an experienced, trustworthy personal injury attorney who will advise her on her medical treatment plan as well as will represent her in her claim against the driver for her injuries. There might be challenges in proving the driver's liability as it will be the driver's word against your mother's (it would help if there were witnesses to the incident), but generally, the law favors pedestrians and places a greater burden of care and caution on drivers, even if they proceed through green light, as they still have to check the intersection before crossing it.

If you would like to discuss this further, feel free to follow up.

Thanks,

Arkady Itkin

San Francisco Injury Lawyer

http://www.arkadylaw.com

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Answered on 2/02/10, 11:40 pm
Norman Gregory Fernandez, Esq. The Law Offices of Norman Gregory Fernandez & Associates

You should call me ASAP for a free consultation at 800-816-1529 x.1. My law firm handles pedestrian cases all over the State of California. You may check out my website at www.thepersonalinjury.com .

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Answered on 2/03/10, 12:39 am


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