Yesterday afternoon, my aunt, who is disabled, got hit by a car. She was crossing under the light where she's supposed to, at the time she started to cross, she had the green light, however, she walks with a walker and was unable to make it all the way to the other side, a car, comes flying around the corner and hit her, she now has a crushed walker, and a broken shoulder along with other cuts and bruises. My question is, can she sue them for at least her medical expenses? I understand the car had the green light, but if you clearly see someone attempting to make it across the street you can't just hit them to get them out of the way! Any advice is appreciated.
2007-09-28 01:55:00 · 6 answers · asked by ★ LesbianLucy ★ 3 in Politics & Government ➔ Law & Ethics
You can't just run over what is in your way -- that's both law and logic.
Even if she had entered the cross walk on a red light (althought a mitigating factor for the driver and contributory negligience on her part) it still does not legally give him the right to run her over!
When we drive we have the legal obligation to keep our vehicle safely under control at all times and be aware of any and all potential obstacles in our path.
I am not a sue happy person - but in this case the idiot deserves it!
2007-09-28 02:14:50 · answer #1 · answered by Susie D 6 · 2⤊ 0⤋
Pedestrians always have the right of way, even if they're wrong (jaywalking, though that would be a factor and would count for the driver). In this case the driver is completely in the wrong. She entered the crosswalk legally but due to infirmity could not clear the crosswalk before the light changed.
The law is quite clear on this. She is due all medical expenses and pain and suffering as well.
2007-09-28 09:08:15 · answer #2 · answered by Anonymous · 2⤊ 1⤋
Sure she can sue them. She may get a lot of money. She may have had the right-of-way. But the fact is, all the laws, all the potential legal penalties to the offending driver, all the anguish the other driver may feel, did not prevent your Aunt from getting plowed over.
Life is like that.
When it gets right down to the nitty gritty, you can have all the laws and penalties for offenders you want, all the government controls you can imagine, you still need to take care of and watch out for yourself. I don't know of a single law that ever eliminated a problem.
Hope your Aunt will be OK.
2007-09-28 09:04:16 · answer #3 · answered by Anonymous · 2⤊ 1⤋
The driver is at fault for failing to yield and a ticket should have been issued. Their mandatory liability insurance will cover this. If for some reason a ticket was not issued and the insurance company refuses to pay, then the only recourse is a law suit. However, it may be quite hard to prove in this case (but not if a ticket was issued).
2007-09-28 09:35:57 · answer #4 · answered by Caninelegion 7 · 0⤊ 0⤋
it is the obligation of the driver to ensure that there are no obstructions in their way. that being said, a witness would certainly be beneficial to verify that your aunt has began crossing with the proper pedestrian signal, however did not have enough time to get across the road. A person does not always have the right of way if they are breaking the law. this does include J-walking.
2007-09-28 09:00:23 · answer #5 · answered by smedrik 7 · 3⤊ 0⤋
Did the driver get a ticket? How many witnesses were there? Just because shes a little slow, crossing......dont mean that driver has more right to be there.....if he got a ticket, and a witness hung around, she should be in good shape........
2007-09-28 09:17:33 · answer #6 · answered by DennistheMenace 7 · 1⤊ 0⤋