My niece and her friend 14 and 15 were taking the bus(front of school) when a car hit them pretty bad (the face is going to need surgery and she needs terapy so she can walk). the police report said they were crosiing when it was red and the car was 30 mph. Do I need to contact a lawyer. have you had any similar experiences. can you give me some advice?
2006-10-31 06:59:41 · 16 answers · asked by erika 2 in Cars & Transportation ➔ Safety
The report said they were crossing in red. They havent asked (the police) anything to the girls. but my niece said she saw the number in the light still on 5, that's why they run trying to catch the bus that was on the other side. many students saw them crossing on red, but there is a driver witness saying they cross on red.
2006-11-02 08:05:12 · update #1
Yes...get a lawyer...then check the posted speed limit and take a picture of the sign. Usually in a school zone it is 20 miles per hour when children are present. And, most of the time a pedestrian has the right of way. And if they were boarding a school bus, the car should NOT have been passing at all. It should have stopped until the bus was loaded or unloaded. Was the stop arm on the bus extended? All of these things are important and thats why you need a lawyer involved. And if this was on school property, she is coverdd under the schools insurance. Good Luck !!!!!
2006-10-31 07:12:30 · answer #1 · answered by lisa46151 5 · 3⤊ 0⤋
I would contact a lawyer just to make sure you get the money you need to take care of the kids. Not sure i understand were the kids crossing at a red or the car running a red. If the kids were crossing at a red and not going from corner to corner then it is there fault but it can be argued that if the car had not been speeding the driver could have avoided the accident. if the car was running the red they are scrued because the ran a red in a school zone were speeding and caused an accident the should do some jail time for at least vehicular assault
2006-10-31 15:46:28 · answer #2 · answered by Coconuts 5 · 0⤊ 0⤋
I would contact a lawyer to evaluate the accuracy of the report. If the car was doing the school speed limit of even 30 mph, the car should've had enough time to stop. The injuries seem more extensive than a car hitting at 30mph. You should be compensated for medical bills. You be able to get free legal advice, lawyers don't want to take a case that they can't win, because then they don't get paid. I have never had a situation like this.. but since I'm about to be a parent, I would make sure that my child got the best medical care and I would hold the driver accountable. I would find out the age of the driver, some kids go out for lunch that have licenses at 17, 18yrs old. How does your niece's mother feel about the situation? Is she doing anything about it?
2006-10-31 07:10:30 · answer #3 · answered by kelly A 2 · 0⤊ 0⤋
If they were crossing against the light, they are at fault. If the car was 30mph, usually school zones are 20mph, so the car is at fault. Over the speed limit trumps crossing against the light, so the car is ultimately at fault. Check to see if the speed is posted at 20mph. You may have some difficulty with proving 30mph, don't know how the police report cited 30mph, but you should find out. Regardless, you should get a lawyer, you are talking about a lot of money for surgery and rehabilitation.
2006-10-31 07:04:00 · answer #4 · answered by xorosho 3 · 0⤊ 0⤋
sounds like some legal advice would help but remember that'll it cost you. if there are witnesses saying the kids in the wrong you're probably screwed. maybe the kids need to learn something from this - although it's a hard way to learn by being smashed up by a car !
2006-11-06 17:31:19 · answer #5 · answered by robsta 3 · 0⤊ 0⤋
get a lawyer and contact your insurance company. if the person was going too fast to stop or was not paying enough attention to stop, especially in a school zone, the driver is at fault
2006-11-05 08:17:19 · answer #6 · answered by archie 2 · 0⤊ 0⤋
if it was at the school zone and it was a traffic light, most of the time is a cross guard also....if they disobey the light. is their fault..but the car should stop if he/she saw them.pedestrians as cars has to fallow the rules...your insurance needs to fallow up with the car insurance to see who is the one in fault....at this point you need to wait to see what will happen. if they rule against your nice, then talk to a lawyer to see what they can do about it...usually insurance has their own lawyer...good luck
2006-10-31 07:35:31 · answer #7 · answered by Rosie 3 · 0⤊ 0⤋
Call an attorney! Every state has different regulations but for sure no one should be running over school kids anywhere! Most states also stipulate that when pedestrians are in crosswalks your automobile should not be!!
2006-10-31 07:02:47 · answer #8 · answered by Anonymous · 1⤊ 0⤋
By all means Retain a Lawyer. This is a personal injury MVA.
2006-10-31 11:49:35 · answer #9 · answered by R W 6 · 0⤊ 0⤋
in case you've been quite faraway from the intersection even as the guy became making his left turn then you definitely'd be at fault because you'll have had adequate time to react. in spite of the indisputable fact that, in case you've been quite on the brink of the intersection then the motive force, who made a left turn, is at fault for his act of risky utilising considering that he would have waited.
2016-12-05 09:57:52 · answer #10 · answered by Anonymous · 0⤊ 0⤋