Being sued for accident, what to do?

Question

Being sued for accident, what to do?
A friend was driving to work in rush hour traffic (LOL...I should say hourS) on the 101 Freeway in Ventura County, CA.

A man in a pickup truck lost an item out of his truck bed and had parked on the side of the road. He decided to try to retrieve the item by bolting across lanes of traffic. My friend ended up hitting this man who was taken to the hospital. She had no injuries but damage to her car. She did not see him until right before she hit him. Now the man is suing her insurance company for more than her insurance limit which means if they can't settle, he will be suing her.

What does she do now? What type of attorney does she need? It stinks that this guy made a choice to run across lanes of busy traffic and gets hit, then gets to sue her when he caused the accident to himself.

Yes, there was a police report taken. She was not cited. There was no one else in the car but many witnesses who saw it.

She got a letter from her insurance company stating that she may want to contact her attorney if this guy does not settle for their offer.

Thanks for the great info! I'll send this info to her.

Answer 1

To answer your question as to what kind of lawyer you would need the answer could be a combination of; traffic lawyer, criminal lawyer, and insurance lawyer. Probably what your friend will want to do is find a criminal lawyer with experience in similar suits, or a partnership law firm that has lawyers practicing in several fields (that way all your friend's needs can be met at one law firm).

From a legal point of view, however, I can tell you this guy that is suing your friend doesn't have a likely chance of getting anything ... in fact, I'm surprised the court even agreed to hear the case. Pedestrian traffic on any California freeway is forbidden, and, if he had a drivers license (which he should if he's driving) then agreed when he got it to obey all traffic rules (including this one). Tort law (which applies to this case in question, since he is suing for damages) states that no person can receive monetary compensation from a knowingly illegal action. And, perhaps the most important flaw is, the accident occurred due to HIS direct malfeasance ... not by any action (or inaction) of your friend.

I really get pissed when I hear people filing such idiotic lawsuits ... what your friend should talk about with her lawyer (when she settles on one) is filing a counter suit against the claimant in the case -- many times if you file a suit against them for just as much or more they will lay off the bellicose language and action because they see you're not a pushover.

Answer 2

First of all, her insurance company is probably trying to get the matter settled out of court.

I used to work for an insurance company (not as a claims adjuster, as their computer specialist). However, I know that the quicker the insurance company speaks with the victim, the more likely it is that they settle out of court. Hence, the insurance company tries very, very hard to contact the injured person within 24 hours.

The insurance company may convince him to settle for a lower amount, and hence, he would not go after your friend privately.

However, your friend should look for a personal injury defense attorney. Many offer free consultations. Even if she does not need tips about what information she should be gathering.

Did your friend have anyone else in the car? They would be a material witness, and hence boost her credibility. In any case, she should write down everything now while it is still fresh in her mind. She should note facts such as:

1) the speed she was going
2) the average speed of cars that morning
3) weather conditions (bright, rainy, etc.)
4) reasons that prevented her from seeing the man
5) any possibilities about why she was forced into the accident (e.g. he ran right in front of the car, and she was penned in by other cars; no way to avoid him)

The fact the man run across lanes of traffic should be enough to discredit the validity of his claim. His recklessness is actually putting the drivers in jeopardy. There is most likely a law that prohibits pedestrians from walking across the expressway. A pedestrian would be a nuisance and a driving hazard.

Your friend could actually counter-sue, claiming that his reckless behavior put her and other drivers in peril. For example, imagine she saw him in time, and had to break suddenly to avoid hitting him. However, the car in back of her smashed into her rear bumper. He is still the cause of that accident.

So, have your friend consult a lawyer, and just google the expressway laws in your state. Even batter, call the State Tollway Commission during regular working hours. Ask to speak with someone about the illegality of someone walking on the expressway. This man is guilt of a traffic offense, and he should not try to benefit from his poor decision.

Answer 3

Typically the attorneys who provide direct service to individual clients represent Plaintiffs and not Defendants. However in this particular case she may be able to find a knowledgable attorney whose practice includes accident an injury litigation who would be willing to represent her. I would try to steer her to a regular Plaintiff's lawyer rather than a regular Defense attorney since the Defense bar typically will overcharge her, and a good Plaintiff's attorney should be able to advise her properly and also do a fine job in Court. She will need to be prepared to pay an initial retainer and pay for hourly billings. This is not the type of matter which would be accepted on "contingency".

She should *not* need her own lawyer from the beginning, and will only need to begin consultation if/when it becomes clear that the case is not going to settle for policy limits. Also if her insurance company does not offer to settle for limits and she ends up getting a verdict against her in excess of coverage, in certain situations the insurance company can actually be liable for an amount in excess of her policy limits.

Frequently if someone gets their own lawyer from the beginning, the lawyer representing the Plaintiff in the case will think they must be trying to protect assets, and come after the case a little harder.

Answer 4

Was there a police report? If so, did the police site your friend? I think this guy holds some of the blame for his own stupidity. He made the choice to go out into traffic. Aren't there laws that pedestrians are not suppose to be on the highway? I think your friend should get a lawyer. Depending on the specifics of the case, I think your friend might be able to beat this.

I think the your local bar association can refer your friend to a lawyer.

EDIT: Rereading your description; are there any laws in your area that require pick-up trucks to have items secured so that they don't fly out of the back? I could see that coming into play. I mean, what if the item he lost had hit somebody else's vehicle?!? I really think the truck driver brought this all on himself.

Answer 5

The letter you gained is merely a scare tactic....you're scared, so it worked. yet you at the instant are not being sued. you recognize you have been sued while a technique server bangs on your door and serves you with criminal documents from the court docket that say you're being sued. that's considered one of the approaches those dirt bag scum sucking lawyers do to trick YOU into turning on your coverage business enterprise and hiring them for a bad faith lawsuit against your coverage business enterprise....yet that's yet another difficulty altogether. As your son is at fault for the twist of fate your coverage will hide the different persons belongings harm declare. Any harm declare would be evaluated and paid in accordance with its advantages, and it okay might desire to be denied in accordance with its advantage--or lack thereof. you do not could employ an lawyer till a million) you're sued and a couple of) they are asking for damages in far greater than your coverage limits. in any different case, the coverage business enterprise will pay to shelter the declare and pay damages up on your coverage limits. they only pay valid claims, not fraudulent ones. maximum coverage carriers now have the two 24 hour claims reporting amenities AND/OR allow you to document the declare on line. do not wait till Tuesday, document the declare now.

Answer 6

On the bright side ---- you can sue anyone for anything, it doesnt mean you'll get a dime. That guy probably doesnt have a chance in hell at winning...he shouldnt anyway
The type of lawyer you'll need is an insurance defense atty. They'll be provided and covered by your insurance company

Good luck to your friend

Answer 7

Generally, an accident victim can only go after the insurance, not a person's assets, no matter how much he's suing for. She should talk to her insurance company with her questions.

Answer 8

There is no way that he's actually going to get anything, else there's a police report stating that the accident is her fault.