My granddaughter was hit by a car while crossing a six lane street (3 going and 3 coming). There was no crosswalk.

Asked over 1 year ago - Duncanville, TX

She is a minor and had attempted to cross the street. There was no crosswalk. Is the person who struck her liable? He was traveling too fast to avoid hitting her, while a first vehicle saw her in time to stop.

Attorney answers (13)

  1. Vuk Vujasinovic

    Pro

    Contributor Level 13

    13

    Lawyers agree

    Answered . Yes, the other person is definitely liable. You should talk to a Board Certified injury lawyer. If you would like to share more details about your granddaughter's injuries, one of the 3 Board Certified lawyers in our office can give you a free Claim Review. In the meantime, research your situation on our website here:

    http://www.vbattorneys.com

  2. Joel Brantley Hudson

    Contributor Level 10

    9

    Lawyers agree

    Answered . Yes, the person who struck your granddaughter would be liable and you should definitely speak with an attorney as soon as possible because this claim will be complicated by several defenses to be brought by the driver. Most attorneys, like myself, provide a free initial consultation.

  3. Sue E. West

    Pro

    Contributor Level 10

    9

    Lawyers agree

    Answered . There are some questions that need to be answered before anyone can show for sure who is liable. You should contact a personal injury attorney in your area and they can advise you or your rights. Also you should take make sure your granddaughter gets to the doctor as soon as possible, if she has not done so. Good luck.

  4. Kenneth B. Fenelon

    Contributor Level 3

    9

    Lawyers agree

    Answered . Yes. Even if this was not an area where pedestrians were invited to cross (via crosswalk or traffic signal), all drivers are under a duty to control their speed and keep their eye on the road, so that if necessary they able to come to a complete stop. Part of the evaluation for deciding speed what limit to set includes consideration of the possibility that a driver would need slow down or to come to a complete stop in the particular area.

    The information is provided as is and is not meant to be a definitive statement or representation about the... more
  5. Richard Kurt Arbuckle

    Pro

    Contributor Level 19

    8

    Lawyers agree

    Answered . Only an attorney investigation is going to answer your question, so you should hire a board certified personal injury attorney.

    This is not legal advice. You should always discuss the specifics of your issue in person with an attorney. Be... more
  6. Malosack Berjis

    Contributor Level 20

    9

    Lawyers agree

    Answered . I hope your granddaughter is okay. I'm going to edit the practice area of your post to "Personal Injury" for better exposure.

    Ms. Berjis is licensed to practice law in the State of California. The laws of your jurisdiction may differ and... more
  7. Jeffrey Mark Adams

    Contributor Level 20

    8

    Lawyers agree

    Answered . The other vehicle may be legally responsible. Hopefully, the child was not injured. Definitely speak with local and qualified personal injury counsel. Do not speak with the insurance company.

    Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and... more
  8. Marc P. Weingarten

    Contributor Level 11

    7

    Lawyers agree

    Answered . There are a lot of issues here. The first one is that I hope that your granddaughter was not seriously injured. You need to see an personal injury lawyer. Depending on the age of your granddaughter, the law of contributory or comparative negligence varies greatly from state to state. Also, there are different rules for pedestrians and crosswalks in different states. it is a very fact sensitive situation. All of this can be explained to you by an experienced lawyer.

  9. Albert Lee Crosner

    Contributor Level 19

    7

    Lawyers agree

    Answered . I would strongly recommend that you find and then retain a local area personal injury attorney to help you through this whole process. I sincerely hope your granddaughter was not hurt very bad. Most personal injury attorneys provide a free consultation, which you should take advantage of. Also, many personal injury attorneys provide a contingent fee agreement which means that you do not have to pay any attorney fees until your claim is settled or a judgment is obtained. You really cannot go wrong. Your granddaughter deserves the best. Good luck.

    Mr. Crosner is licensed to practice law in California and has been practicing law in California since 1978. The... more
  10. Josh P Tolin

    Contributor Level 19

    7

    Lawyers agree

    Answered . You should have your daughter discuss with one of the attorneys in TX who have answered. Drivers are held to the highest degree of care when driving a car. I hope your granddaughter recovers quickly. Hire a personal injury attorney as soon as your daughter can.

  11. Robert C. Slim

    Contributor Level 14

    3

    Lawyers agree

    Answered . More facts would have to be obtained in order to properly evaluate the claim for liability against the driver. Even though the pedestrian accidents usually result in very serious injuries, many jurors tend to associate themselves with the drivers which can make pedestrian cases very tricky. Feel free to visit my website for more information on pedestrian cases. You may also call me at your convenience for a free consultation: days, evenings and weekends. In the meantime, DO NOT talk to the insurance company about the accident until you have consulted with a lawyer.

  12. Christian K. Lassen II

    Pro

    Contributor Level 20

    4

    Lawyers agree

    Answered . Yes. Find a top-rated Avvo lawyer with a low contingency fee for representation. Hope she gets better.

  13. Brian Heath Crockett

    Pro

    Contributor Level 16

    2

    Lawyers agree

    Answered . These kinds of cases have resulted in substantial verdicts. They are absolutely liable. Unfortunately the insurance companies are not going to take you serious without a lawyer. Given your daughters age the damages could be significant. I do not recommend you go at this alone. Before you talk to the insurance call one of us. Just to make sure you know what she is entitled to get. It is always better that you know your rights. Any questions do not hesitate to ask.

    Know YOUR Rights. Take Action Now. CALL 855-648-4695. Legal disclaimer:This message does not constitute legal... more

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