It sounds like you're being told the accident was not the driver's fault. You should not rely on this unless it is coming from at least 2 experienced personal injury attorneys. Get a legal opinion, and then get another one.
I've been litigating civil cases in New York for almost fifteen years including personal injury, medical malpractice, business disputes, construction matters and all other types of civil claims. Feel free to check my website: ajlounyinjurylaw.com or shoot me an email at firstname.lastname@example.org. None of the answers I give on Avvo are to be taken as legal advice, nor are they intended to create an attorney-client relationship. The information provided is merely general information intended to allow you make an informed decision about your situation. I hope it was helpful.
I am also sorry to hear about your daughter's accident. Please contact a local personal injury attorney for a more in depth evaluation of this situation.
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I'm not sure exactly what you have been told is the "liability law" but depending on the facts as to how your daughter was hit or run over will decide whether the driver was responsible. Generally, pedestrians have the right of way and drivers have to yield to them. I would need more information to be able to assess your situation. You should contact an experienced auto personal injury attorney in Massachusetts. I would be happy to talk to you if you would like.
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Sometimes the pedestrian gets blamed, and it's termed a "dart out" case. However, retain a personal injury lawyer, as your odds of recovering compensation increase exponentially.
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I'm sorry to hear of this terrible incident. If the driver who struck your daughter was more than 50% negligent, then you have various potential means of financial recovery for your daughter's injuries and damages. Who told you that you would see nothing? I have many questions before I can say much else. I recommend you do not discuss your daughter's injuries with any auto insurance company without consulting with a personal injury attorney first. Your chances of a fair recovery from an insurance company increase greatly with legal representation. This sounds like a serious case requiring thorough documentation as to both liability (fault for the accident) and damages (your daughter's injuries and treatments). Your attorney will obtain all needed medical records, accident/police reports, witness statements, and insurance information, and will negotiate with the insurance company and, if necessary, file suit in court.
I have litigated many pedestrian injury cases over the last 26 years. Please do not hesitate to call for a consultation.
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Sounds like nonesense. Call lawyer, ASAP
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The specific circumstances surrounding the incident are of critical importance - an early and thorough investigation by an experienced attorney will help answer the questions you have. Also, the police investgation may provide a good starting point regarding reconstruction of the accident, witness statements, etc.
I'm so sorry to hear that your daughter was struck by a car, and I hope that she is making a full recovery.
Regardless of whether the driver's insurance company is arguing that the driver is not at fault, liability is determined in a court of law, and not by an insurance company. It may be that the driver did absolutely nothing wrong, and that your daughter was simply in a busy street. We have represented persons in your daughter's position - who were struck in the street by a driver - and it may be possible to make an argument that the driver was not acting reasonable under the circumstances.
You should sit down and explain your situation to an attorney of your own, and do not be pressured into accepting an outcome that the driver's insurance company prefers.
Christopher Vaughn-Martel is a Massachusetts lawyer with the firm of Vaughn-Martel Law in Boston, Massachusetts. All answers are based on Massachusetts law and the limited facts presented by the questioner. All answers are provided to the general public for educational purposes only and no attorney-client relationship is formed by providing an answer to a question. To schedule a consultation with a lawyer, and obtain advice and review of your specific legal issue, please call us today at 617-357-4898 or visit us at www.vaughnmartel.com.
I don't know who you are talking to but unless your daughter intentionally threw herself in front of the car, I think there is a good possibility she may have a strong case. There are many questions that would need to be answered in order to determine liabilty but in my opinion there is no reason why you shouldn't pursue this case.
Sorry to hear about your daughter and I hope she is doing okay. I am curious as to who told you that the driver would not be responsible for her injuries due to "the liability law". Every case is dependent on its specific facts but based upon what you described I would definitely suggest that you contact an experienced personal injury attorney to look into pursuing this matter.
You should consult with an attorney as soon as possible. Most firms, like mine, will offer free consultations. Considering the circumstances, be sure to choose the law firm carefully and make sure the firm has experienced trial attorneys.
I'm very sorry that your daughter was injured, I hope she is making a quick recovery. From your description, it sounds like the insurance company is denying liability (i.e. taking the position that it was your daughter's fault). This is not uncommon, especially if your daughter was seriously injured. A reputable personal injury attorney admitted in Massachusetts should provide you an in person consultation for no charge to discuss the facts surrounding your daughter's accident, the issues of liability and what her rights and remedies are. I have experience in cases like this and live in your corner of Massachusetts. I would be happy to meet with you and answer any questions you might have. Best of luck.
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