Lots of questions in one. Can anyone tell me if this is possible? Can this hold up in court?

Question

I hit a pedestrian going about 10 miles per hour with my left front bumper. This is what happened
The sun was hitting my wind shield and he was wearing black and he was in the shadows. It was also almost 4 so it was really busy. I didn't see him till it was to late. He didn't even fall down and what is really strange is that he was hit by a car last week! His legs were a little bruised but he said they were like that from last week. He had 1 small scratch on his leg and he refused treatment from the ambulance.

Now he claims his leg is broken and that when I hit him I did it so hard that he flew up and hit my hood!!! The police report clearly states he was not knocked over nor was he hurt badly. He walked away!
What I want to know is if this can happen. Can he have a broken leg from a small tap and would he be able to walk away? He might be suing so will it hold up in court if it says in the police report that I hit him with my bumper and he changes his story?

Answer 1

I think that if the police report says one thing, and he another, that they will go with the police report. Just be calm and truthful in court (no matter what bull he tries to pull) and you should come out okay. There seem to be witnesses that saw what really happened (police, ambulance, etc.).

I had a situation when a lady ran 2 red lights and head-onned me, then she tried to say later that it was my fault. Since she had already told the police what really happened (at the time of the accident), they knew she was lying so she wouldn't have to pay for it. She lost.

Good luck.

Answer 2

Sorry... It's always the Drivers fault when pedestrian is hit... Unless the pedestrian was walking where signs are posted "No Pedestrians" like the highway or something.

And Yes he could have a broken leg. But all you need to do is request his medical records for proof to see if he is lying or not. If he is lying you can counter sue for filing a false police report and fraud.

Answer 3

Make sure that you have tons of documentation at the court hearing including the police report and any witnesses. Also get the ambulance denial form if they will give it to you. The police report and all documentation will totally hold up. Also any witness statments have them notorized if they can't make it to court. CYA will all paperwork!!!

Answer 4

He may have suffered a hairline fracture earlier and your hit made it worse, but good luck to him after he refused treatment and said he felt fine. Been there, got sued for that and won. He should have fell down and acted out.

Answer 5

Get a lawyer and relax. If he claims damages like hospital bills or pain and suffering he will get thrown out of court. The judge will go with the report.

Answer 6

Yes he can sue you.

If his leg was broken, he would not be walking, a fracture maybe.

So you will have to get an attorney and get his medical records and use the police report in court.

But your car insurnace should take care of this, merely turn this over to them

Answer 7

Your insurance company needs to handle this. Yes, one can have a hairline fracture from a 10 mph bump.

Answer 8

As a precaution, you may want to discuss this with your Legal Advisor.

Sounds like he's maybe waiting for someone in a Lincoln or Caddy to rub up against him....you know - someone with money to grab on to.

What an interesting World.

Answer 9

people's legs don't break overnight. if he was walking yesterday, you did not break his leg. he could get in trouble for perjury. but i don't know how sympathetic the judge will be to somebody who hit another person with a car.

Answer 10

was he treated between the other accident and this one? If not, you might be able to claim, even if his leg is broken, that it was injured earlier.