Legal Question in Personal Injury in California
i need an opinion on an accident. i am at a loss. 2 weeks ago, my mom and i got in a car accident. my uncle and aunt were in the car and my mom ran a red light and hit a car. i'm trying to analyze the situation. my mom said she saw green but when i looked up, the light was red but when i looked up, the car was already in the middle of the intersection. so it could have been red already but honestly, i wasn't paying attention to the light or whatever. i was sitting in the backseat. anyway, our car is TOTALLY damaged and the other party's car isn't as damaged but he had to call an ambulance bc his wife was 5 months pregnant?! now, they want us to pay the medical expense. don't they have a heart?! i mean, i have to go to college in 1 month and i still have to pay for college and get all my supplies. my parents are really old i'm 18 and they're 60 so honestly, they don't work much. if we have to pay for the medical, i am in a huge hole bc of the huge financial setback. what should i do? i don't want to not buy what i want/need for college? and i'm really concerned about our money. we aren't SUPER rich so now, we're gonna be at a bad spot, financially. but back to the situation: why was the other party driving so fast? i don't know what his light color was nor mine. i mean you have to take into context what happened before. my mom was getting out of the meter parking which is the meter right next to the stoplight. so the light could have been green, turned yellow for like .05 sec, and red. but if our light was green, the other light should have been red right? i mean it was not busy so it was only our car and his car. i mean, do you think he could have run a red light since he was going so fast. if his light just turned green, you don't speed up so fast....you slowly step your foot on the gas right. but he was FAR away from the line so if he was far away, he should have seen our car in the middle right?! why didn't he stop? anyway, i mean of course, you can run a yellow light because sometimes, people do run yellow lights and the light is red once the car is in the middle and beyond. my aunt and uncle were not paying attention also. but the other party told the police that their light was green. the witnesses said that our light was red but the witness was not facing our side since both ways were only 1 way street. the witness could not see our light but the witness can see the other light of the other party. but all the witness said was that our light was red but like i said, she was facing the other way and she might have not took into context the before...where our car was at. there was another witness that was behind our car, parked in the meter. the witness said that our light was red but like i said, the witness could have only seen when we were in the middle when the accident hapened, not the before. i need an opinion on the situation. my aunt and uncle don't speak english so they don't know. my mom cries every time i talk about the situation she was crying HORRIBLY at the accident scene and my dad doesn't want to be bothered about the situation as well. so please, let me know what you guys think. i really care about the money. how much does an ambulance/hospital cost if you have to pay? i mean, i'm only a soph. in college and i have a long way to go and i'm an only child. i have no job and like i said, we aren't the RICHEST people in the world. thanks!
4 Answers from Attorneys
Don't your parents have auto insurance as required by law? If they do, submit the claim to the insurance company and quit worrying.
It sounds like your mom was driving, not you. Whoever was driving should turn this over to her insurer. The insurer may be able to negotiate a settlement within the policy limits.
You may be right that the other side is partly to blame for the accident. If so, then they are responsible for their proportionate share of the costs. But the driver of your car is still responsible for her share.
Asking whether the other side has a heart is missing the point. Somebody has to pay for their ambulance, hospital care, etc. If the driver of your car is at fault for the accident, then the driver is responsible. Justice does not require the victims to pay the bills just because they're better off financially. If it did, poor people could injure rich people all the time without facing any consequences.
I realize you may be caught in the middle of a problem that isn't of your making. I'm sorry about that. But your family's financial obligations seem to include at least some of the consequences of this accident. They aren't entitled to a pass so that they can spend the money on your tuition, regardless of how important that may be.
I'm sorry I can't be more encouraging.
There is little to analyze. If your mother is found to have run a red light and caused an accident, she is going to be held liable. You said she did. Others probably said the same. The other drivers attorney is going to use your statements to police to prove she did, along with other evidence. She is going to be sued for damages by anyone in the other car and her car, that includes you. Pray she had insurance.
If insurance covers the vehicle, you're fine. Forward the information to the insurance.
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