Legal Question in Personal Injury in California
Ped (ot in crosswalk) hit by a car
My son was crossing a street near a high school and was hit by a minor driving his car. My son was not in the cross walk and was the third child to cross. The driver says he was going 30 mph (the speed limit is 25mph), he saw the other kids crossing and downshifted but could not stop in time and hit my son. My son left the curb at a driveway point and was struck in the far lane of a two-lane road. I am being sued for the car damages my son's body caused to their car. I believe the driver was not using due care and shares responsibility. Should I counter sue or file an insurance claim?
6 Answers from Attorneys
Re: Ped (ot in crosswalk) hit by a car
Based on the facts you set forth, it sounds like your son may have a valid counter-claim against the driver, if he was injured, particularly if the driver was aware that other pedestrians were crossing the street. If you are in Northern California, and wish to discuss filing a suit, please contact me.
Re: Ped (ot in crosswalk) hit by a car
Is your son injured? It would seem so if his body caused damage to the vehicle.
Your son may very well have a good lawsuit against the driver. As such, I will be glad to meet with you for a free consultation. My office number is, 818.943.0462.
Best regards,
David B. Lupoff, Esq.
Re: Ped (ot in crosswalk) hit by a car
There is a specific jury instruction that deals with persons who suddenly walk into traffic. Cars cannot be expected to stop suddenly is someone steps into a street suddenly. However, based upon the facts you articulate, it seems to me that the driver should have seen the previous two pedestrians, and your son in the far lane, and gave the right of way to the pedestrian. Furthermore, it seems that if he could not stop in time, he was probably going too fast in a school zone.
Why don't you give me a call and i will give you a free consultation on my cell at 818-427-6246 or my office at 818-739-1544 ext.10 .
Since you are already being sued, this is a litigation case. Time is of the essence. Give me a call to talk about it!
Re: Ped (ot in crosswalk) hit by a car
Yes and yes, although I'm not sure upon which insurance company policy the driver would make a claim. It probably was foolhardy for the driver to bring suit against you and/or your child because it invites a cross-complaint. Sounds like you might have more of a case than he has.
Re: Ped (ot in crosswalk) hit by a car
Sue. Sue. Sue.
Re: Ped (ot in crosswalk) hit by a car
Your son has a valid basis to make a claim if he was injured. Since they have already sued, he must now file a counter-claim suit. Feel free to contact me if interested in doing this right.
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