if u r a pedistrain and hit by car while u doing jay walk and u have serous injury can u sue the other party
2006-11-26 03:14:45 · 15 answers · asked by World Cup Cricket 2007 2 in Cars & Transportation ➔ Insurance & Registration
There is such a thing as a "pedestrian at fault" accident, and if you are at fault you cannot get anything from the other party that hit you. Anyone can sue for anything, but there is no telling what would happen in court. As far as making a claim goes (which is not the same thing as suing) you will probably have your claim denied. Pedestrians, regardless of what people say, do not always have the right of way.
2006-11-26 05:34:07 · answer #1 · answered by Chris 5 · 2⤊ 1⤋
It depends, obviously you were jay walking, so you were not crossing with the lights. Were there lights? Did the car have a chance to see you before you crossed? Does you town have a law against jay walking? How busy of an intersection was it? Did the other driver get a ticket? Did you get a ticket?
Actually, you can sue anyone you want, but the big question is, will you win? If you can prove without a shadow of a doubt that it was his fault, and none of your own, then perhaps you should sue. But if there is reasonable doubt that you contributed to the accident, I don't think I'd waste my time and money on a lawyer just to be laughed out of court. Give it some serious thought before you proceed.
Can you just get his insurance to pay your medical bills? If so, then I think I would just leave it at that and count my losses for not crossing in the proper manner.
2006-11-26 03:19:10 · answer #2 · answered by cowboys21angel 4 · 1⤊ 2⤋
You can sue anyone at anytime for anything. The question becomes can I win a law suit of this nature? Probably not. If you were jay walking you caused your own injury. However, if the driver was doing something that contributed to your injuries, I.E. speeding, etc, than you would share the responsibility and may recover some payment. Consult with an attorney who works traffic accident cases.
2006-11-26 12:02:32 · answer #3 · answered by crashguy351 2 · 1⤊ 1⤋
Anybody can sue another person for almost anything, the question is will you prevail. If you are breaking a law by jaywalking that would surely impact any settlement you might otherwise get. Instead of being sue happy, if you were hit by a vehicle ask for their insurance information and talk to the insurance company about your losses.
2006-11-26 03:19:13 · answer #4 · answered by oklatom 7 · 1⤊ 2⤋
You can sue anyone but I wouldn't want to stand before a jury and try to explain why I parked in the middle of a roadway and stepped in front of oncoming traffic and expect to win. You are sunk if I'm on the jury, doofus.
2006-11-26 05:20:09 · answer #5 · answered by Anonymous · 2⤊ 1⤋
Yes. In most states it is the car driver's fault when striking a citizen, whether they are Jay Walking or not. Call your local police or an attorney.
Each state is different.
:)
2006-11-26 03:17:16 · answer #6 · answered by Boodie 5 · 1⤊ 2⤋
You can sue anyone you want. The question becomes would you recover damages. You need the insurance company name of the driver that injuried you. They will work with you.
2006-11-26 03:16:27 · answer #7 · answered by Anonymous · 0⤊ 2⤋
Depending on where you are
Jaywalking is grounds for arrest in some states
which would hold you responsible for getting hit by a car
be sure to talk to a lawyer though
2006-11-26 03:22:47 · answer #8 · answered by Anonymous · 1⤊ 2⤋
Yes you can...get some legal aid....the charges will depend on how serious the injury's are...
2006-11-26 03:17:01 · answer #9 · answered by Anonymous · 0⤊ 2⤋
In Las Vegas, if you jaywalk and are hit, you have absolutely NO RECOURSE.
That means even if they kill you there is nothing you can do about it. No lawyer, no crying, no citation, nothing. Get it?
2006-11-26 09:36:12 · answer #10 · answered by Anonymous · 2⤊ 2⤋