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.
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:
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.
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.
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.
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.
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.
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.
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.
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