Legal Question in Personal Injury in California

I am suing a city in O.C. for an accident that occured at a pedestrian crossing. I was driving my car when I stopped to let people cross and was hit by a car from behind. The intersection is on a blind down-ward intersection.

The city change this intersection from Ped. Crossing to Traffic light ten days after my accident.

I am only suing because I need expensive spinal surgeries that unless I have, I will end up as quadraplegic and the other car driver has minimum coverage and living with parents again.

The city is requesting dismissal of the case based on , as they stated, that the other car drive is solely reponsible. Business at that accident spot told me that they have been having multipale accidents their. The city is trying to get away from the liability. My uncle got a total of $ 500 ticket at that intersection from not fully stopping there.

I need at least few points and/ or cases that went through ( I do not know the proper legal term) to strenghten my case. It feels that the judge is protective of the city!

Please help me. I am losing strenght and sensation in my legs and arms.

I am pressed for time.


Asked on 10/02/10, 6:05 am

1 Answer from Attorneys
Steven Simons Law Office of Steven A. Simons

Not ot be rude but, if you are sueing a Governmental entity you need more than a few pointers. The Governmental imunities are a perverse web of protections that even experienced lawyers can get lost in. I wiuld strongly urge you to consult with a personal injury lawyer, peferably one who is familiar with the Government Tort Claims Act. (I personnaly have not handled any of these cases for many years)

You will need an expert who can review all of the avalable data: 1) accident history for the location; 2) engineering studies for the location; 3) internal recomendations for chnag emodification etc. and a plethora of additional information that you will need to obtain in Discvoery.

There are some personal injury cases that can be handled In Pro Per. With the injuries that you discribe, this does not sound like one of them. You have too much at risk.

If you can not find a personal injury lawyer then contact the Los Angeles County Bar Association or the Orage County Bar Association Lawyer Referral Service. They can point you towards a competent attorney. If they can not find someone to help then, it is possible, your claim against the Government may not be viable.

Good luck.

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Answered on 10/07/10, 6:22 am


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