Legal Question in Personal Injury in Pennsylvania
Georges was driving with 35 mph in a 35 mph zone Suddenly he hit and injured a little boy because of his defective break. What legal issues are there?
1 Answer from Attorneys
Is this a laws school exam question or a real life incident?
Georges contacts his insurance company. They have a duty to defend and indemnify him up to the policy limits. I hope the little boy was not seriously hurt. If the boy's damages will exceed the limits of Georges' policy, then Georges will need his own personal injury defense attorney.
Georges' next phone call is to have his car taken to a mechanic to thoroughly inspect the vehicle and take pictures. The vehicle is not to be repaired unless the defective parts are preserved and detailed photographs taken. Georges will not have a claim if he engages in what is called spoliation of the evidence.
Georges then calls a products liability attorney about the car defect.