Legal Question in Personal Injury in Indiana

My son was preparing to walk across the street and walked into the path of a van. he was thrown up in the air and has a head injury. who is legally responsible the driver or my son


Asked on 11/12/09, 1:15 am

2 Answers from Attorneys

Larry Jackson Jackson Law Firm, LLC

I am sorry to hear of your son's injuries. I will need some additional information to be able to help you sort this out and determine if you and your son may be entitled to receive some compensation for you boy's injuries. Some of the information I will need includes where your son was standing (or walking) when the contact occurred, how old your boy is, how fast was the van going, where the impact took place (intersection?), whether it was daylight, was the van driver distracted by anything (ex. cell phone?), what were the weather conditions? Because of the nature of your son's injuries, I would like to investigate all possibilities of securing a recovery for you and for him. Please feel free to respond to this email or give me a call at your convenience. Larry

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Answered on 11/17/09, 6:48 am

One of a parent's worst nightmares! I hope that he is doing well and getting better every day.

The fact that your son walked into the path of a van is not determinative that your son is at fault. It is quite possible that the van driver is at fault or mostly at fault. However, in order to determine that, a number of questions need to be asked, initially, and depending on the answers an investigation.

Do you have the police report? That would be important for an attorney to look at. The information on that would tell us about the weather and road conditions, list witnesses and what people at the scene had to say. If it is a thorough police report, there will even be a reconstruction of what happened.

Some of The areas that need to be looked at that may or may not be included in the police report will include the weather, road conditions, street signs, warning signs, school zone signs, cross walks, your son's age, how fast the other driver was going, where your son ws hit and where he landed ( this can indicate excessive speed), the drivers qualifications( if he has a CDL, he might be held to a higher standard for driving than a non-professional driver, etc.

I have been representing victims of accidents throughtout Indiana and Illinois for over 20 years. If you have any questions, please feel free to email or call me. My number is (219) 836 2200. If you have the police report, you can fax it to me at (219) 836 9388. Please be sure to provide me with cintact information if you do fax it to me. There is no charge for me to review the fax or to discuss your case.

What was the weather like? Was the driver going too fast for conditions? What was the lighting? Was your son crossing at a crosswalk? Was he crossing in a school zone? Was this a commercial van with a driver having a CDL? Additionally, the age of your son might be a factor and depedning on the time of day, what color clothing he was wearing.

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Answered on 11/17/09, 10:14 am


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