The driver claims that she had the green light but three witnesses said otherwise in a police report.My lawyer says we don't have a case being that if it goes to court ,all the defense has to ask the witness is " Have you lied before ".He went to the hospital & later released with only scrapes and bruises.My Lawyer also said that Hawaii's state law will not even punish this person criminally as it is her word opposed to the three eye witnesses.Is he correct?
2006-08-06 07:05:46 · 17 answers · asked by gramma 1 in Politics & Government ➔ Law & Ethics
Your received very bad information from somebody. If you talked to a licensed attorney who told you that nonsense, you would be well-advised to avoid that attorney for anything in the future as he or she is grossly incompetent.
Whether or not the person is charged criminally will be a decision by the Office of the Prosecuting Attorney in your county. The police take the initial report. If they think there is a crime to charge, they refer it to the prosecuting attorneys office for a final charging decision. Injuring someone in a crosswalk is usually charged in Hawaii as "inattentiveness to driving" unless the driver has the right-of-way.
If you have three witnesses, you have pretty good evidence of what happened. It doesn't matter if the witnesses lied before. If the witnesses are all friends of your son, there will be credibility issues since they may have a motive to lie. Otherwise, the witnesses are the best available evidence of what happened. In a civil action for personal injury, you don't need a lot of proof. You need what is called "preponderance of the evidence," which is just a tiniest bit more than 50%. Three impartial witnesses would easily swing a decision on liability in your favor.
The more important issue will be the damages. Since he had only "scrapes and bruises" there are no significant damages. Son's recovery is likely to be limited to medical bills and a nominal sum for pain & suffering. An attorney is not likely to take the case, since it will not be worth the time and effort. That's the brutal reality. But rather than rely on advice from anonymous people on Yahoo, you should present your case to several attorneys and see whether they can see merit to your case that is not apparent from your question.
And tell your son he should not enter the crosswalk until traffic has stopped. He had the light, but she had the car. The light won't keep him from getting sqashed if the next guy is driving a 16 wheeler.
2006-08-06 08:11:21 · answer #1 · answered by Anonymous · 0⤊ 0⤋
If the police made a report of the incident, they have turned it over to the District Attorney who will decide if it's something that they can and should prosecute. The minimum that this driver could/should be charged with is careless driving resulting in injury. The driver's insurance information should be in the police report somewhere and you can and should turn the bill for your child's hospital stay in to the insurance company at the very least. As for taking this person to court yourself.........you've got a police report with witness statements, you've got the doctors report of the injury your child received and you've got the ruined bike--make sure you got pictures of the bike and your child's injuries--the police should have taken photos too--you may have a case if the driver doesn't have insurance to cover the cost of the doctor/hospital and the replacement cost of the bike. You won't be likely to get more than that. Good luck & I hope your child is alright now!
2006-08-06 07:14:17 · answer #2 · answered by tkltafoya 4 · 1⤊ 0⤋
Well, not being a lawyer, and not being really wise in the ways of law for the beautiful state of Hawaii, I can only say this.
No, I don't think that he's correct.
Initially it sounds like it's just going to be a case of he said, she said. But I say that if you gather these witnesses in advance, and if you search for other witnesses (typically a small ad in a paper and signs asking for contact from witnesses placed near the accident scene), you have a good chance.
I know that U.S. law is typically in favor of the pedestrian.
You may be able to also gain camera shots if there were any businesses in the area or if the lights had cameras placed on them.
Now, as to whether or not you should file, now that's a different question. Since he's basically ok, you may not want to, but instead you may want to ask them up front if they are willing to cover the medical costs to see if it can be resolved outside of the courts.
Love as always,
Sebastian
2006-08-06 07:13:39 · answer #3 · answered by octo_boi 3 · 1⤊ 0⤋
I know that in California if a person rides their bike through a cross walk rather than getting off and walking it, the person on the bike is usually at fault or reliable. I don't know why that is exactly, but I think it has to do with the reaction time, you know, if the cross walk turns red all of a sudden. It may also have to do with the fact that bicycles are supposed to go with the flow of traffic. Perhaps Hawaii has similar laws and will not punish the driver because the child broke the law in riding the bike across the cross walk.
2006-08-06 07:13:17 · answer #4 · answered by elliecow 3 · 0⤊ 1⤋
If he was riding his bike and not walking it, he broke the law. Pedestrians always have the right of way, however, riding a bike classifies you as "operating a vehicle" and you are subject to the laws of operating a vehicle. So, if he was in a crosswalk, riding the bike, there is probably nothing that can be done. If he was walking the bike in the crosswalk or riding it in the traveling lane, then the person who hit him is at fault and should be prosecuted.
2006-08-06 07:20:16 · answer #5 · answered by Anonymous · 0⤊ 1⤋
Technically a bicycle is a vehicle and should not be in the cross walk. Your lawyers advice sounds odd, but I don't know Hawaii's law. No reasonable jury would discount 3 witnesses just because they are asked 'Have you even lied?'
2006-08-06 09:22:31 · answer #6 · answered by STEVEN F 7 · 0⤊ 1⤋
absolutely not!!! it's the person being accused vs. you and 3 eye witnesses that saw everything happen!!! you need a new lawyer asap! if your lawyer even acts like tht then you won't win. everyone has lied, yes, including the accused! tht makes no difference. it's 3 against one! the person hit your son!! you should win this case! get a new lawyer!
2006-08-06 07:13:16 · answer #7 · answered by musicislife1233 2 · 1⤊ 0⤋
Where I live riding a bike on the city sidewalks is illegal and bikes are not allowed to be riden in a cross walk. A biker must adhere to the same rule as a motorist. A biker is not a pedestrian, but a vehicle.
2006-08-06 07:24:25 · answer #8 · answered by Jenny A 6 · 0⤊ 1⤋
you will only get the amt of insurance that she carries on her car is the sad thing,,,you lawyer would know
i got hit and drug 200 yrds walking home from work one night tried to sue the guy and got nothing not even my hospital bill paid because his truck was paid for and all he carried was liability ins after a yr of fighting with his insurance company my lawyer said it was a worthless cause and quit..
so if you wanna persue this you may have to sue her personally
good luck
2006-08-06 07:16:15 · answer #9 · answered by Anonymous · 0⤊ 1⤋
my son got hit by a car while he was on his bike I was just a few steps ahead from him and the elder man said he seen me but not my son, well I tried getting a lawyer for him but for some reason they said they couldn t help me out... now my sons having a lot of neck and back problems.... please someone let me know how I could go about it
2015-03-23 09:54:34 · answer #10 · answered by Lorena 1 · 0⤊ 0⤋