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Pedestrian is main cause of the accident.driver hits my car after running over pedestrian.is driver liable for allmy car damages

San Jose, CA |

pedestrian walks onto highway gets hit by a car and dies. The driver who hits my car runs over the deseasead pedestrian swerves loses control and hits my car. She admits fault. Her insurance states she is only liable for half the damages but now backs out. The police report states that the main cause of the accident was the pedestrian. Is the driver who hit my car liable for some or no damages to my car?

Attorney Answers 4


  1. Simply report the accident to your insurance company to fix, and they will go after the other insurance policies for indemnification.

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  2. Depends. If the driver couldnt do anything to avoid, may not be liable. If driver was speeding or not paying attention, so that he could have slowed before that or safely changed lanes, etc, but didnt, he could be liable. Really comes down to the details.


  3. When a motor vehicle accident is unique in that who is at the fault is far from obvious, a driver need not worry about fault right away. Each involved driver should have his or her own insurance, and these insurance companies will try to sort it out. That said, if one of the drivers disagrees with his or her insurance company's determination, he or she may need his or her attorney to educate that company. If any driver, in any motor vehicle accident suffers physical injury, he or she should get medical attention and legal representation. Fortunately, many of us personal injury attorney types offer free consultations, so there is no reason to fear speaking with us.

    -Paul

    Paul J. Molinaro, M.D., J.D.
    Attorney at Law, Physician, Broker
    Fransen & Molinaro, LLP
    980 Montecito Drive, Suite 206
    Corona, CA 92879
    (951)520-9684
    www.fransenandmolinaro.com / www.888MDJDLAW.com

    "When you need a lawyer, call the Doctor... Call Paul J. Molinaro, M.D., J.D... Call (888)MDJDLAW."

    * This post and all others I make on Internet are for informational purposes only. None of the information or materials I post are legal advice. Nothing I post as comments, answers, or other communications should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship. While I try to be accurate, I do not guarantee accuracy.
    ** Fransen & Molinaro, LLP practices in the areas of personal injury, medical malpractice, and real estate law.

    Paul J. Molinaro, M.D., J.D. ... Attorney at Law, Physician, Broker... Fransen & Molinaro, LLP... 980 Montecito Drive, Suite 206... Corona, CA 92879... (951)520-9684... www.fransenandmolinaro.com / www.888MDJDLAW.com... "When you need a lawyer, call the Doctor... Call Paul J. Molinaro, M.D., J.D... Call (888)MDJDLAW." ... * This post and all others I make on Internet are for informational purposes only. None of the information or materials I post are legal advice. Nothing I post as comments, answers, or other communications should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship. While I try to be accurate, I do not guarantee accuracy... ** Fransen & Molinaro, LLP practices in the areas of personal injury, medical malpractice, and real estate law.


  4. Submit the claim to your insurance company together with a copy of the police report and let your insurance handle the case. If you have personal injuries caused by the other driver, contact a PI lawyer for a free consultation. Best of luck.

    This answer is provided by Manuel A. Juarez, Esq., El Abogado de Accidentes de Autos de California: 510-206-4492. El Abogado de Accidentes de Autos provides answers of a general context. These answers are not intended to form an attorney client relationship. El abogado de Accidentes de Autos y Lesiones Personales is licensed only in California. This information is good only in California and it is not to be taken as legal advice on car accidents, personal injury, divorce, bankruptcy or in any other type of situation. Esta respuesta es del Abogado de Accidentes de Autos y Lesiones Personales de Acidentes de carros, Manuel A. Juárez, 510-206-4492. Abogado Hispano de Accidentes, Divorcios, Abogado Latino de Accidentes, y Abogado de Acidentes de Oakland, Hayward, San Francisco, y California. Estas respuesta son solo para información general y no consisten en consejo legal sobre divorcios, mantención de esposas, mantención de hijos o bancarrotas. Las respuestas son comentarios legales que no forman una relación de abogado y cliente. Manuel Juarez, Esq., esta licenciado solo en el Estado de California.

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