Legal Question in Personal Injury in California
Pedestrian fatality
Hello, someone I know had the unfortunate accident of hitting and killing a pedestrian who was jaywalking across a street late at night. She had dark hair and was wearing dark clothes and he didn't see her, and subsequently struck her. She died the next day at the hospital. Police who interviewed him said she had been drinking at a bar across the street and was distraught because she had just seen her boyfriend with another woman there, that's why she left the bar. The police said it wasn't his fault -- he wasn't drinking and he was going the speed limit. What's the likelihood he can be sued by the woman's family?
3 Answers from Attorneys
Re: Pedestrian fatality
There is always a chance your friend will be sued. However, from the facts you have provided, the likelihood of recovery by the family is slim. If your friend was covered by automobile insurance, they should report the accident to their insurance.
Re: Pedestrian fatality
Quite likely. In CA pedestrians have the right of way no matter how they cross the street. However, based on what you have said, your friend does have some excellent defenses that will, if not eliminate, greatly reduce the amount of recovery. If your friend has insurance, this incident should be reported to the carrier at once. If no insurance, then there is a chance that a suit may not be filed.
Re: Pedestrian fatality
Let's face it...we live in a litigious society. It is possible that the family could try to sue, but, from what you've indicated, it seems that their case is somewhat weak. Make sure your friend reports this to his insurance company and also gets a copy of the police report.
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