my friend was hit by a truck while crossing the street going to work he was about five step's from the last curb when he was hit. he said he saw the truck coming and jumped on top of it for he knew if he had not it would have killed him it knocked him into another car's path but that second car stopped in time not to hit him he had a broken back, and a broken leg had surgery now he has been up for 2 dispostion hearing's and the insurance had cancel them both and is trying to say he was at fault for his own accident they even said he tried to kill himself the driver of the truck got a ticket[warning] for driveing too fast and then another report said nothing about him driveing too fast it was at dust in the morning he had no light's on so who do you think was in the right please give me your honset opinion please!
2006-11-13 12:01:40 · 12 answers · asked by mishoney 4 in Cars & Transportation ➔ Insurance & Registration
he was in a cross walk for and the light was for him to walk but befor he could get across the light turn green
2006-11-14 05:46:53 · update #1
the driver was supposed to be in control of his vehicle. pedestrians have right of way. the driver is at fault for failure to control.
2006-11-13 12:05:49 · answer #1 · answered by jbearbooboo 3 · 1⤊ 0⤋
Hard to say at this point, but if he threw himself up on the truck, I can see their argument that he caused his own injury. If there's little to no evidence to support the forseeable accident, then he has a poorer chance of being 100% compensated if at all. Sounds like this is a matter for a judge or jury to decide since the carrier is obviously not willing to settle.
The driving too fast isn't always the cause, if a person crosses without a cross walk or against the light, etc. The facts are not clear enough for us to say who is responsible, but I do understand where they're coming from with the causing his own injury argument.
2006-11-13 12:52:34 · answer #2 · answered by Chris 5 · 1⤊ 0⤋
If your friend was in the crosswalk...regardless of anything else...the pedestrian has the right of way. It is the automobile operator's responsibility to handle the car in a safe manner at all times. You may need an attorney on this one but in the end the driver will be found to be at fault.
2006-11-13 12:07:47 · answer #3 · answered by Kenneth S 5 · 1⤊ 0⤋
The answer to this may not be the same in all places. For example, in Las Vegas, if you cross at any crosswalk and are hit, the driver is at fault.
But if you DON'T cross at a crosswalk you are fair game. Drivers here run down old folks going for milk or such occasionally and if they weren't in the crosswalk they are out of luck.
2006-11-13 14:20:01 · answer #4 · answered by Anonymous · 1⤊ 0⤋
Get a good attorney (schold not be hard to do since there are so many of these types of lawyers).
This question is difficult to answer because something is missing in your interpretation. Why would the insurance cancel and stand the chances of a costly court battle? What made them say he was trying to kill himself?
2006-11-13 12:08:14 · answer #5 · answered by Jerry 2 · 1⤊ 0⤋
I hate to say this but it was his fault for not using the proper cross walk while crossing the street. That sucks because people get seriously hurt and or killed by doing this every day.
2006-11-13 15:12:02 · answer #6 · answered by c0mplicated_s0ul 5 · 0⤊ 1⤋
There is really not enough information here to answer your question properly. This would requires hours of work from a qualified expert. My suggestion is that your friend hire an attorney who then would hire a traffic collision expert called a reconstructionist.
2006-11-14 09:30:02 · answer #7 · answered by crashguy351 2 · 0⤊ 1⤋
You didn't say a word about a crosswalk, about a controlled intersection, etc.
Was your friend jaywalking? Was the road on a blind curve?
There's alot you're not saying here.
2006-11-13 12:48:57 · answer #8 · answered by s2scrm 5 · 1⤊ 1⤋
I'm sorry. I ran out of breath trying to read your run on sentence and can't answer it now. Ask again with an occasional period or a comma.
2006-11-13 12:45:51 · answer #9 · answered by oklatom 7 · 0⤊ 1⤋
that truck driver should have been sewed by your friend
2006-11-13 12:10:01 · answer #10 · answered by IHaveAQuestion. 2 · 1⤊ 0⤋