Legal Question in Personal Injury in California
My son was struck by a car while walking to school on the cross walk police said it might be his fault we have no medical insurance can we make the car owner pay for injury
3 Answers from Attorneys
Yes. I handle these types of cases all over California. You may call me this weekend for a free consultation at 800-816-1529 ext. 1. My website is located at www.thepersonalinjury.com .
If your son was in the cross-walk area before the car was, the bulk if not all the liability is on the driver of the car. You should speak to an attorney.
Being in the crosswalk is kind of a presumption that it was not his fault and police officers know that so there must be a reason why the officer thinks your son may be at fault. For example, there might be a witness who might have told the officer your son was running across the street or stepped on the street in front of the car so that the driver could not reasonably stop in time to avoid the accident. The accident report needs to be reviewed by an attorney to get the facts and additional investigation might be required such as taking witness statements, photograph, measurements, etc. The opinion of the police officer carries some weight, particularly with the insurance companies, but the actual evidence such as witness statements, measurements, opinions of accident reconstructure experts, etc. is what will determine in court who is responsible for the accident.