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What will happen to a friend who rear-ended a man on a moped? The man is in hospital, had brain surgury and is in a coma.

Appleton, WI |

The friend said she has no periphial vision in her right eye hit the man on the right side of small pick up truck, took the side mirror off. No charges have been filed yet, victim can not speak, no witnesses, she is a bit 'off' having had a stroke 10 years ago. She had an incident in May where she could not drive on a major highway doing speed limit(she went 35 in a 65, weaving back & forth)Police are making her re-take her driving test, this accident happened a week before she was to take test. The police never took her license away. She had minimal car insurance, but is totally broke on social security disability, food stamps and rent assistance. She is very religious, gave prayer as part of the police statement, is not doing anything proactive as it's "in God's hands".

Attorney Answers 5

  1. Best answer

    As previously indicated, she needs to report the accident to her insurance carrier, and consult defense counsel regarding any citations or charges issued or pending. If a criminal charge issues, she may be entitled to a public defender. In addition, if she passes any mandatory re-test, which seems unlikely, she should expect DOT proceedings to take away her license for medical reasons based upon the circumstances described.

    This answer is provided for general information only. No legal advice can be given without a consult as to the specifics of the case.

  2. She needs to report this to her insurance carrier immediately.

    Nothing in this communication should be construed as creating an attorney client relationship. This is for informational purposes only. Attorney will take no action on your behalf unless and until a written retainer agreement is signed. There are strict time deadlines on filing claims and, as such, you are advised to consult with and retain an attorney immediately to file such claims timely or you will lose any right to recovery.

  3. Friend need as suggested to report to her carrier and she needs to hire a criminall defense attorney.
    As to her comment that, "It is in God's hands" , remind her that God frequently helps those who help themselves. God gave us free choice nad sometimes we need to be thoughtful about the choices we make.

    The above is not intended as legal advice. The response does not constitute the creation of an attorney client relationship as this forum does not provide for a confidential communication.

  4. She should turn it over to her insurance company a.s.a.p. If she is of limited means then perhaps the other person will not pursue anything above and beyond the insurance policy. They will likely do an asset check before deciding. Her insurance company will try to settle the case within the policy limits to protect her. If she had any other people living with her at the time of the accident she may qualify as an insured and have extra coverage.

    AVVO does not pay us for our responses and simply because I responded to your question does not mean I am your attorney. This is for informational purposes only. If you require legal assistance a more in depth discussion of your case is needed as there are many other issues to consider.

  5. She should turn this over to her auto insurance carrier immediately

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