I guess I’m in the minority here. Assuming the driver is in the wrong, he is responsible for all medical bills, time lost from work, not being able to enjoy usual activities like vacations or sports, pain and suffering, and potential long term affects of the injuries (my broken leg left me with one leg 1/2 shorter than the other).
Those are the reponsibilties associated with driving a car.
This is true, and the insurance pays out without having to sue.
How do you put a dollar value on that?
Then why do you have to sue to get the money, instead of it being automatic like payout for body damage and medical bills?
That is what insurance is for. Assuming he has the required coverage then his responsibility will be (or at least should be) satisfied through them. Suing is rarely actually needed in my experience.
So, this thread immediately caught my attention…
I have in fact, been hit by a car.
My sister and I were walking to my first basketball game of the season, all the cars had stopped to let us walk the cross-walk and for some reason, a guy taking the corner on to the main street we were crossing, thought they had all stop to let him go, he took the corner, sped up and BAM! He hit the both of us…
The front right corner clipped my sisters side and she spun and slammed into the car door, I however, went right up over the hood of the car and rolled off the side… My sister and I stood up and went to the sidewalk, obvious adrenaline pumping through us at this point…
The guy was idling in the road and looked over at us, and my sister, obviously being pissed flipped him off… he took it as an “I’m okay” sign and drove off… It was sheer luck that someone who had seen the incident actually knew who the guys was… We reported the incident as a hit and run, the police found the guy and then it came down to the legal stuff…
To sue, or not to? The guy had fractured my spine, and my sister sustained some serious deep bruising… we both attended physical therapy… My sister sued him, I did not. I would have had to stop playing sports to make my case, and I was not willing to do that.
Plus, the man was kind of really old, and his car was in pretty rough shape to begin with, it didn’t seem like he had much… I couldn’t fathom taking the very little he did have…
…i hope this helps?
If your husband had the legal right of way and the guy hit him, then the guy was negligent. If he were yapping on his cell phone, he was not only negligent, he might have been in violation of a law. The driver of an automobile is supposed be aware of his surroundings and in control of his vehicle at all times. You and your husband are certainly entitled to compensation; the amount of compensation should be negotiated by an attorney—if you think the other guy’s insurance company will play fair with you, you’re mistaken. If you hire an attorney, he/she will try very hard to negotiate a settlement without going to court so suing may not be necessary. In any event, talk it over with an attorney; most will offer a free consultation.
Whatever you do, don’t sign anything or say anything until you see an attorney.
The driver’s insurance should cover the medical costs without having to sue - but they generally wait until maximum medical improvement - that is, when no further medical treatment will be necessary - in a small case like this. The insurance company will pay those bills. They will also undoubtedly make an offer to settle the other claims, such as lost wages (which you’d have to justify), and for pain and suffering. If their max offer is not enough for you, THEN you see if you want to sue. Lots of times, a lawyer letter will get the settlement offer raised. Sometimes not and a lawsuit ensues. Has the driver reported the accident to his insurance company? If not, you do it.
When you retain a lawyer for a personal injury lawsuit, it’s usually on a contingency basis. That is, the lawyer gets a percentage of the total settlement, or award if it goes to trial. The lawyer’s percentage generally comes from the pain and suffering part. Otherwise you have to pay the lawyer from your own pocket. Lawyers don’t work for free. Thus the prevalence of the P&S claim. Lawsuits exist to make the injured party whole, not rich.
I do not know what your state’s statute of limitations is or what the law regarding pedestrians is, but based solely on the two statements you made re: your friend, I do suggest that you talk to at least two other PI lawyers before you decide which one to use.
IAAL but I am not your or your husband’s lawyer. I do not represent you or anyone else. I do not even know what state you live in and I’m probably not licensed to practice in that state. That said, this is just common sense advice given anonymously on a public message board. Do with it what you will, but it is NOT legal advice in any way shape or form.
I would definitely want to make sure that any medical bills, lost wages, etc, were taken care of if his insurance doesn’t take care of that anyway. As far as not letting him off the hook goes, if he has a reasonable level of liability insurance you would probably have to sue for more than $50K before he personally suffers any consequences other than the amount his insurance will be going up anyways.
The pedestrian is not always right. On the standard New Jersey accident report there is a box on the upper right along the edge where you put in a code for contributing factors. It is basically where you assign blame. One of the choices is pedestrian action.
Please tell me an accident report was taken. Get a copy. You will see who was seen to be at fault. What is on the report is not binding to insurance companies or to civil courts but it will give you a starting point.
If the driver was at fault and I was hit, I would sue.
There will most likely be no need for a law suit.
I would expect that the driver’s inurance company will call you and offer you a settlement (provided you agree to not sue). You can decide at that time if the settlement is enough to meet your needs. If not, the you can consider a suit.
Just to put it in a little different light - how much is it worth to your husband? Suing someone is not exactly quick or pleasant. What are the likely results?
IMO, your husband’s injuries don’t sound all that bad. A broken wrist and lower leg. You don’t explain the severity or treatment. But if they were simple fractures that were casted w/o surgery, that’s not going to earn him a huge settlement. Also, what is his job? How long will he be out of work? Is he the type of guy who is going to milk this for all he can, or will he head back to work as soon as he gets into a walking cast?
Just saying - IMO most normal people have better uses for their time than pursuing litigation over a few thousand bucks. Your insurance is going to cover his meds, and then go after the driver’s insurance. How much time and effort are you eager to contribute towards how much of a potential payout?
Just my opinion as a lawyer who has arbitrated car accidents, has broken wrists and ankles, and has been in car accidents.
I’ve never understood this “pedestrian is always right” mentallity.
Legally in some areas? Yes. But even that IMO seems somewhat wanky.
But I’ve known folks who use that as an excuse to exercise their pedestrian rights, “making” the car drivers behave. Good for them.
I act like its death race 20XY, where every driver is out to get me, because when it comes to a human body vs 2000 lb piece of speeding metal, even when you “win” you loose.
Thanks everyone. I have read all responses and will take them into careful consideration.
My husband woke up several times in grave pain last night and is still pain this morning. We have an appointment with an orthopedist later today. I have no idea when he will be back at work nor do I know what our medical bills will be. Thankfully he is employed by the state government and we have good medical coverage. He’s in his 40’s and has worked for the state long enough to have a good accumulation of sick time.
My husband can’t put weight on his leg and it hurts when he moves it. He tells me he was in the crosswalk at a major intersection with the light in his favor. I believe the driver was completely at fault.
I am sending away for the police report. You have to do it by mail around here. We have not yet decided what to do nor have we heard from the guy who hit him. If, as my husband says, he was at fault I am going to try and talk him into a lawsuit or at least contacting the driver’s insurance company. IMO someone should not get away with this without consequences.
Well yeah, there isn’t much point in suing someone and getting a judgment you can’t collect. Most likely the driver has insurance. If and when you sue them, they will notify the insurance company who will refer the case to either an in-house department that handles the cases or a firm on retainer. The vast majority of these cases settle. The verdict is covered by the insurance company.
Before suing and retaining counsel, I would see what the insurance company offers as a settlement first. Once you hire a PI attorney, they will get a chunk of what gets paid out depending on the fee agreement.
You are probably not going to hear from the guy.
Most likely, you may hear from his insurance company.
My son was hit by a car shortly after his 18th birthday. His foot was mildly fucked up. His medical bills were taken care of and there was no loss of time at work. He was tempted to sue. I told him this would be his first Big Adult Decision and he should give some serious thought to what kind of guy he wants to be. He chose not to be “That Guy.” I think he made the right decision.
All depends on his profession, an arm break would seriously sideline me for a while as I type all day. If I were to try and type everything one handed, I couldnt manage to do 10% of the work I can accomplish typing with both hands. Back when I was a machinist, I broke my wrist and it was almost a year before I had full motion and strength back, and that was a lot of PT time put in. If you are in a profession that requires strength in that arm, and the break affects it in such a way as it will permanently reduce the strength or even dexterity enough that he is incapable of doing that job, he may need to change professions and that can be expensive.
He’s not going to get away with it without consequences. His insurance rates will most likely rise. Not sure what more you expect. You sound angry, and as tho you desire to “teach someone a lesson.” Neither or which, IMO, contributes positively towards most litigation.
Yes, broken bones hurt. A lot. And then they get better. Of course, if he is anything like me, he will be at a greater risk of arthritis in the areas of the fractures. Which really sucks. And - guess what - the $10-20K he might make from a lawsuit is unlikely to make up for his discomfort.
He got an unlucky break. It is his choice how he proceeds. Litigation is not going to “make him whole.” (It may well be worth the while of a lawyer who wishes to represent him!)
How much hassle is your husband eager to go through to teach this other driver a lesson? Realize that whatever he does to get back to his normal life as quickly as possible will reduce his potential recovery. So if you and he would get sufficient financial and psychic comofrt out of his milking his injury for as much as he can - knock yourself out. It’s the American way! I happen to be of the belief that most people can spend their time more profitably than focussing on the least pleasant aspects of their lives . . .
Like I said - you sound angry. You might want to consider looking at it from the other view and realizing how fortunate you are that it wasn’t worse. And rather than dedicating your foreseeable future to teaching someone a lesson surrounding one of the worst things that have happened to you lately, you have the choice of getting back to your regular lives as quickly as possible and directing your efforts in a more positive direction.
Ya sure, go ahead and sue. Whatever. Even though your insurance situation looks like it will cover your needs, spread the pain around and further clog up the court system in order to extract some paltry amount (which will in all likelyhood be reclaimed by your insurance company against payments it has made for your husband’s care). God forbid that it was just, you know, an accident.
Don’t be surprised when you find yourself on the other end of a lawsuit for something you did unintentionally. I anxiously await that thread.
My husband’s in pain from someone who hurt him while my husband was doing something completely legal. 
I am understandably angry over it. If this guy did indeed hit my husband while he had the right of way in a crosswalk I do indeed think he should be punished for it in some manner. I have to wonder if this driver has done this sort of thing before. The police have essentially told us they aren’t sure what happened other than my husband was hit by a car and the driver admits he hit him. My husband plans to give his side of the story to them tomorrow.
I will see what happens over the next few days. The police told us he was completely upset over hitting my husband. If he makes no effort to contact us (or have his insurance company contact us) in the near future then I think I will push my husband to consult with a lawyer.
Do you really want something bad to happen to someone upset because her husband was hit by a car while he was legally crossing the street?
:dubious:
I will see what happens. So far what’s happened is that my husband has two fractured bones and a sleepless night in and out of pain.
My understanding is that even if you do something unintentionally that still does not absolve you of the consequences of your actions.