Hit a pedestrian?

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PostPosted: Fri Jul 02, 2010 1:17 pm   Post subject: insurance  

Sounds like the policeman's personal feelings were 'playing' into the situation...that shouldn't happen. If my son was hit by a driver, I would be mad as hell, if the driver wasn't cited. SONNY..did you happen to get the Insurance information, from the other driver? I would, too, maybe speak to the officier's supervisor, if you can.

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PostPosted: Sat Jul 03, 2010 9:55 pm   Post subject:   

Quote:
If my son was hit by a driver, I would be mad as hell, if the driver wasn't cited. SONNY..did you happen to get the Insurance information, from the other driver? I would, too, maybe speak to the officier's supervisor, if you can
Let's hold on a second... I understand being upset when a child is hurt..regardless of the reason...but....the overwelmning majority (about 80%) of the pedestrian vs vehicle accidents I've handled in the past 23 years have been the fault/negligence of the pedestrian, NOT the vehicle driver.. Wink


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PostPosted: Sun Jul 04, 2010 12:35 pm   Post subject: insurance  

I see what you mean, LORI. I guess that would be 'jumping the gun' a bit, I suppose. As some of 'you' know, I live in a small town. There are signs posted all over the place 'Pedestrians have right away'. So, LORI..if these signs are clear to read and understand, the pedestrian would STILL be at fault? (I do have to admit, however, these signs are posted in crosswalks).

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PostPosted: Sun Jul 04, 2010 12:55 pm   Post subject:   

Pedestrians have the right of way in cross walks....And you are always to 'yield' to pedestrians.



Most of the time (unfortunately) the pedestrian, isn't paying attention and gets out in traffic, (riding a bike, playing with other kids, chasing a ball, whatever) although the driver does all they can to avoid them many times, it's just too quick and the poor motorist can't miss them. Think of a dog or cat running right out in front of you, you try to miss it with all you've got, but usually to no avail.



Now of course I'm not talking about some drunk jerk that cannot react etc...Most of the time the drivers have truely zero negligence, and I've seen many people (drivers) 'messed up' for the rest of their lives over these accidents.



Also I want to make something clear. Many times a carrier will still pay the claim, even though their insured really is faultless. And I can give you an example of one I recently handled...Adult man (mentally disabled) runs across a four lane highway to get into a vehicle with a family member that has stopped on the opposite side of the highway to pick him up (IMO, this is where the negligence lies). It's dark AND on a blind curve, AND 60mph speed limit. Pedestrian makes it to median, then takes off again, our insured vehicle doing speed limit (or less) with lights on, comes around curve and pedestrian is hit and killed. Four or five witnesses, ALL say absolutely nothing the driver of this vehicle could've done to avoid this...BUT the carrier paid policy limits...why? well if it went to trial even if the insured were found 1% at fault that 'could' eclipse the policy limit, and we need to protect our insured. Is it 'right' ? I'm not so sure, but this is how it works most of the time (in fatality and heavy disability hits).



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PostPosted: Mon Jul 05, 2010 1:30 am   Post subject: insurance  

That was a good example: I guess what you're saying is the pedestrian wasn't suppose to be there in the first place. However........'it is what it is.' By the way......was the pedestrian seriously hurt? Is he ok now, etc.?

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PostPosted: Mon Jul 05, 2010 10:49 am   Post subject:   

No, it was a fatality.



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PostPosted: Wed Jul 07, 2010 5:07 am   Post subject:   

Quote:
If my son was hit by a driver, I would be mad as hell




See...you could be one of those people in the jury box. Now we see why insurance companies many times offer something with these types of accidents, even if their insured was not at fault.


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PostPosted: Wed Jul 07, 2010 10:35 am   Post subject:   

bingo S.D.!



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PostPosted: Wed Jul 07, 2010 12:21 pm   Post subject:   

Quote:
No, it was a fatality
Oh my goodness! How sad!!
Quote:
See...you could be one of those people in the jury box.
I see......I wouldn't be very 'objective', would I? I would just see that a child/loved one was hit by a car.
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PostPosted: Wed Jul 07, 2010 6:35 pm   Post subject:   

try it from my side...it's REALLY hard to separate your personal feelings...A LOT!



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PostPosted: Thu Jul 21, 2011 4:01 am   Post subject: I struck a Ped Jaywalking  

Hello, today 7/20/11, I was driving down a 2 lane road(2lqne going in both directions). The road also has parking on each side of the road. The parking is always completely full, and ppl Jay walk in between car constantly. I am a defensive driver for the most part(however there r times where I need to be aggressive to avoid certain non stable drivers etc. Well my question is: I was drivimg down the road in the right lane closest to the cars, when a women come popping out of no where trying to cross. Well I swerved as far left as I could which struck her on my passenger side part of car. My headlight hops and windshield were damaged pretty bad. The women tried crossing in-between 2 parked cars NOT AT THE CROSSWALK!! she wasn't to badly injured from my understanding.I spoke to the police and told them exactly what happen, that she ce out of no where in between two cars, in the middle of the road(meaning not anywhere close to the light/ crosswalk(she was prob 50+ yards away from and cross walk. 3 witnesses talked to the police. The police then came back to me and said that my story match with what the witnesses said. She got a jaywalking ticket, and I got nothing. The police said it's ok don't worry about it, relax and that it wasn't ur fault. She was crossing illegally and recklessly! He gave me a little piece of paper that said the said the case number, and that i can pick up the police report in 5 business days. He also said I submit that to my insurance and fix my damages! But if I didn't get any tickets and she did and the report states driver was not at fault how come I have to pay for the damage that was caused? Not trying sound unsympathetic or cold, because I was right there asking her if she was ok and trying to calm her down, but she was mad at me. Any adobe would be much appreciated, thank you! This happened in jersey city New Jersey.


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PostPosted: Thu Jul 21, 2011 4:19 am   Post subject: Struck a ped jaywalking  

I'm using an iPhone and the predictive text(asmany smartphone owners know cane be very inaccurate) anyway, where I say headlight, hop(should be hood) and windshield damage, and (a 2 lane road going in each direction)Also, at the end of my post adobe should be advice! So please any info would be great! I'm pretty freaked out right now and in shock. Everything happened so fast that I did all I could to swerve left as far as possible(just not enough time). She was just walking out into the road trying to cross I believe looking at her phone and not even paying attention to the traffic. I don't understand how in anyway I could be sued for this.


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PostPosted: Thu Jul 21, 2011 4:29 am   Post subject:   

Quote:
But if I didn't get any tickets and she did and the report states driver was not at fault how come I have to pay for the damage that was caused?


First, see my sig.



You can feel free to collect from the lady at fault directly or see if she has some type of liability insurance (home owners, renters, etc). Her auto insurance (is she has any) won't address this.



If you upset her you can count on her getting an attorney (she probably has already since this is NJ) and pursuing a claim against you. I agree... you were not at fault. However, you can spit and hit 10 attorneys who would take the case to see what they could get. Basically an attorney would say that you should have seen this other person, you were not maintaining control of your vehicle and you were not paying attention. I'm not at all saying this is correct... it's just going to be the attorneys argument. If the attorney wants to press the issue he/she can file suit against you. Then your carrier can either spend around $4000 to defend you are a lot less to pay the claim.


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PostPosted: Thu Jul 21, 2011 4:49 am   Post subject: Hit a ped!  

I hear what u r saying but I have full coverage on my vehicle and just a 500 dollar deductible and then I get my car fixed. I feel really bad even tho I did nothing wrong. In this city ppl just walk right out infront of traffic. I can't tell u howany times I had to come to a dead stop because groups of ppl were just crossing the street wherever they please(not at the corner, crosswalk, or light. This time I had no chance to completely miss the lady. I had to leave work because i was to messed up frim this! I thought she was dead!!! My entire right side of the windshield was smashed! I cant get the imagine of seeing her at the last sec and trying my hardest to get out of the way! I totally blacked out when i saw her and swerved so far that i was in the on coming traffic, not evening knowing if a car was coming(i could have hit another vehicle head on trying to get out of the way, but luckily no one was coming in the oppisite direction) also,i just feel horrible(because i was in 2 motorcycle accidents both nit my fault and i know the pain, that I even went to the hospital to check on her but 1. The police never gave me her name, and 2. The hospital wouldn't allow me to go back or drop of the $20 gift bag and get well/sympathy card that I brought. E

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PostPosted: Thu Jul 21, 2011 7:02 pm   Post subject:   

Quote:
My entire right side of the windshield was smashed!
Quote:


she wasn't to badly injured from my understanding.
Quote:


I even went to the hospital to check on her




I imagine the doctor's notes will tell a different story.



Quote:
The hospital wouldn't allow me to go back or drop of the $20 gift bag and get well/sympathy card that I brought.




Good thing, for you. Some scheisster attorney might have used that as an admission of liability on your part.


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