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 Posted: Thu Jul 21, 2011 7:42 pm Post subject: |
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| Thank u for stating that! And god works in mysterious ways. I don't know what this could be. Maybe for me to be more aware of ped(even tho I was and she walked right out into oncoming traffic no where near a crosswalk and got summons and I got nothing) and maybe for her to stop looking at ur phone while crossing traffic and to always use a "Crosswalk" or corner stop sign crosswalk"! But yea like 4 or 5 ppl said not to do that because ppl can use anything in court! I said I hear u, and it wasn't my fault but I feel for her pain because I was hit by a car b4(not in crosswalk) and 2 motorcycle accidents, so I thoughts maybe it was a kind thing to do. But after talking to family and friends, and now ur comment I think it's best I just sit back and let my insurance deal with it. Thanks for advice. |
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Stevens
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Joined: 21 Jul 2011
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| Posted: Thu Jul 21, 2011 8:29 pm Post subject: |
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Even though the individual can be cited for jaywalking, under the vehicle code, pedestrians always have the right of way -- because pedestrian vs car = car always wins. So the law grants a concession to the pedestrian.
| Quote: | | I think it's best I just sit back and let my insurance deal with it. |
Excellent decision.
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MaxHerr
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| Posted: Fri Jul 22, 2011 3:49 am Post subject: |
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| Man, it's just so hard to fathom that I could be sued for this! I mean what's a driver to do, when a reckless occupied person(looking at cellphone and whatever else she was doing, supposed to do, when a ped, just walks out into the road(a pretty main one at that. 2 lanes going in each direction) without looking and not using a light, stop sign, and or crosswalk!! I was just driving minding my business when she just pops out into the road. I had not time to stop. Only options were to keep going straight and run her over, or(what I did) swerve left as hard and far as possible. Which, by the way put the front of my car in the oncoming traffic lane when I final came to a complete stop. I mean could u imagine If another car was coming in the opposite direction(I prob would have hit them head on!!!) I just black out as soon as my instincts took over to avoid as much as I possibly could! I already talk to insurance. Everything is dine as far as my end. They said to take it to get an estimate and that the adjuster will be out to tale picturesand whatever else. But a lot of ppl say she might try and sue u! I responded, what?!? Well can I sue her back for physiological damages, and physical damages to my vehicle that she was at fault from doing? Any advice on the best thing I should be doing at this time would be great, and helpful. I understand she was struck and prob in a lot of pain but it was her own doing(I mean if it wasn't me it would have been anyone else in the world driving in the same instance!!) and I'm a very sympathetic person, so I don't want ppl to think I'm cold or anything. My 1st concern was if the ped was ok. The car can be fixed. My second thought was I did everything I was supposed to do according to the DMV. Suppose this was a dear(obviously I know the difference between a deer and a human being) but really they really are still living beings. Deer runs out in front of u stops u swerve not enough time and bam deer gets hit. Nothing that the driver can do. So that's my point. I'm not comparing which life is more valuable I'm just saying if u don't have enough time to stop or completely miss a ped what and why can I be sued. Sorry for the novel. I'm just very shock up from this and needed some non bias feedback. Thank you. |
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Stevens
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Location: Jersey City, NJ
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| Posted: Fri Jul 22, 2011 11:11 am Post subject: insurance |
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Some people don't watch out when they are crossing the street. Thjey are looking at their cell phone, have headphones blasting in their ears, etc.
I had a simliar situation happen to me, however, I didn't hit the person crossing the street. In 'my' area, there is a university a few minutes down the road. There is a crosswalk for the students to use. A few students were crossing into it (when they should have been stopped). I stopped to let them cross. They BOTH stopped right in front of me and talking on their cell phones. I honked my horn!! They couldn't have been a few feet away!! They just stood there, without any reaction!! How could they NOT have heard me honk!!?? GEEZ...!! |
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sdchargersfan
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| Posted: Fri Jul 22, 2011 1:20 pm Post subject: |
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| Quote: | | can I sue her back for physiological damages, and physical damages to my vehicle that she was at fault from doing? |
You need a smarter "smart" phone. I think you meant "psychological" not "physiological".
If your insurance pays for the physical damage to your vehicle, and you sue the pedestrian for those same damages, and win, then you owe the money back to the insurance company (up to the amount they paid on your behalf). Similarly, if your insurance company pursues subrogation against the pedestrian and/or her homeowner's insurance, you cannot sue and collect for the same damages. It's the civil equivalent of "double jeopardy" in criminal court.
You could certainly sue for the "psychological" damages separately. But I personally think that would be a hard thing to prove. The fact that this person came "out of nowhere" is in your favor (despite the requirements of the vehicle code), but juries are still sympathetic to people on foot (or bicycles), compared to those of us behind the wheel, encased in a couple thousand pounds of steel, plastic, and glass.
As for swerving to avoid the pedestrian, that's a natural response -- a deep-seeded desire most of us have to not harm others. Drivers and passengers end up injured, permanently disabled, even dead, when vehicles swerve to avoid dogs, cats, squirrels, opossums, deer . . . and human beings. Maybe next time you'll avoid oncoming traffic by simply choosing not to swerve.
If your insurance company makes any kind of settlement with the pedestrian for her damages, it will (1) prevent her from suing you (unless her damages exceed your insurance limit of liability and she doesn't accept the settlement) and (2) prevent you from suing her for your "psychological" damages, since it would essentially be an admission of your negligence, in which case, your psychological issues are of your own making.
So when the adjuster comes to evaluate your damages, ask if the insurance company will be pursuing subrogation against the pedestrian. And ask the claims department if you will be given notice of and an opportunity to approve or reject any potential settlement with the pedestrian, if things go the other way.
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MaxHerr
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| Posted: Tue Aug 23, 2011 6:52 am Post subject: nsXMscHLfjTC |
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Mighty uesufl. Make no mistake, I appreciate it.
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Terrah
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