Legal Question in Personal Injury in California
My mother-in-law was in an accident in an intersection, with traffic lights in all four directions, which totalled her Jeep. Both parties SWEAR they had a green light. She was found to be at fault because there was a bystander that simply said that "she ran a red light". There was another passenger in the car that hit her who has refused to say anything to anybody about the accident. Is this a done deal, or what are her options? My opinion is that they are taking the work of the bystander whether he/she is correct or not. He/she could have been wrong or know the other party.
Thank you for your time.
Kevin
2 Answers from Attorneys
Usually when it is one persons word against the other and there is somebody ostensibly objective and they verify one of the versions then the pendulum swings in that direction.Her options are to pursue the case through litigation and delve into the background of these witnesses and it could turn out differently.Litigation and testifying under penalty of perjury sometimes has dramatic results.
I wanted to add something to my previous answer.Sometimes the lights malfunction and usually the city involved has records of the timing of the lights and sometimes it is possible to determine the phasing of the lights at a particular time.It is worth looking into if there are some serious damage claims.
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