Legal Question in Personal Injury in Massachusetts
My son was half way through a crosswalk when a pedestrain came out in front of a car that was turning left blocking his view of the entire crosswalk. The pedestrian ran into the side of his car while she was on her cell phone. The damage to his car is the right side mirror and side door. The insurance company offered to settle but they refused and we are now being sued. Do pedestrains have any fault when accidents occur wothin a crosswalk?
2 Answers from Attorneys
sometimes they do, or their action can be deemed to lessen his liability.
His insurance company should defend him against this action.
If he needs assistance, contact me.
Your insurance company offered to settle, but it sounds as thought the pedestrian refused their offer of settlement in favor of filing suit. That doesn't mean that you will lose or that you have liability, it just means that the settlement offer was lower than the pedestrian was willing to take.
You should absolutely have counsel. Do not hesitate to contact my office if you would like to retain an attorney to manage your defense.
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