The police said he was jaywalking but after rethinking this situation, I am now convinced if the driver wasn't drunk, the police taking the report was.
How can my father be jaywalking between two major cross-walks, in front of a train station, filled with people crossing the street at any given moment.
The police said the driver didn't see my father, yet she saw a bag of empty coke cans in his person. My father crossed the entire road to get to the middle of the road when the driver driving on the opposite direction said she was driving slowly when she hit him. Well she broke every bone on my dad's body. She hit him on the driver side and he landed on the back of her car, and she didn't even get one citation?
It is understandable that you are so upset. The sooner you speak with an attorney, the sooner they can obtain evidence that may otherwise be destroyed. An attorney who handles personal injury and related civil claims is yourbest bet. Find one near you, since you will need to have frequent interactions.
I hope your father will be alright. Whether the driver was cited or not for hitting your father isn't the most important fact. If she had been cited, a jury would never hear that evidence anyway. Unless the police officer witnessed the accident himself, his testimony will likely be similarly limited. The most important facts will be those relayed by your father, the driver and any eye witnesses to the accident. The fact that your father was not in a crosswalk does not automatically mean that he was at fault or that the driver is blameless. In Massachusetts, drivers have an obligation to avoid hitting pedestrians if at all possible. The fact that your father was carrying a large bag and was in the middle of the road, would seem to indicate that he was very visible immediately prior to the collision. Your father definitely needs the assistance of an experience personal injury attorney admitted to practice in Massachusetts. Most firms, like mine, will offer free consultations. Best of luck to you and your dad.
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