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I hit someone who was jaywalking, do i have to worry about being sued?

Asked over 2 years ago - Mineola, NY

i hit a person who was crossing in the middle of a main intersection, with no light or crosswalk. he was hurt pretty bad. witnesses and police both stated i was not at fault. insurace company already said they would fight any claim that came my way. do i have to worry about being sued or losing my house?

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Attorney answers (2)

Lars A. Lundeen

Reputation Level 20

Answered over 2 years ago. Personal Injury Lawyer in Rutland, VT.

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A claim may well be prosecuted against you. In that event, notify your insurance carrier. They have a duty to defend and indemnify you for this claim. Hopefully you have purchased enough liability insurance coverage to protect you for this claim. There will probably be issues of your negligence and any comparative negligence of the pedestrian who was struck.

Legal Disclaimer:

Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to insure proper advice is received.

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Jeffrey Michael Donato

Reputation Level 14

Answered about 2 years ago. Car / Auto Accident Lawyer in Bohemia, NY.

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Unfortunately, there is always the possibility of being sued. Although the police states that you were not at fault, that is not always the final answer. Drivers in New York are required to be aware of their surroundings, even pedestrians that are walking outside of a crosswalk or against the light. I do agree with the other attorney that your insurance company should defend the claim and will hire counsel for you under the terms of your automobile insurance policy. Good luck.

THE ABOVE ANSWER AND ANY SUPPLEMENTAL RESPONSES ARE NOT LEGAL ADVICE AND SHOULD NOT BE CONSTRUED AS LEGAL ADVICE. NO ATTORNEY-CLIENT PRIVILEGE OR ATTORNEY-CLIENT RELATIONSHIP IS CREATED BY THIS OR ANY OTHER RESPONSE TO YOUR QUESTION. FOR LEGAL ADVICE, PLEASE CONSULT AN ATTORNEY.

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