A lady was on the left lane and had no hazard lights on causing me to hit her when she opened her door out of her lane. Can I sue her for not pulling over or having her lights on as a warning?
What exactly is the purpose of your proposed lawsuit? This seems to me to be a run of the mill car accident caused by her negligence. This should be an insurance claim for property damage. Unless you have some form of grievous injury that resulted from the accident, I'm not sure what the purpose of your lawsuit would be.
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Submit your claim to your/her insurance company to resolve your property damage claim. Presuming you could see the car stopped there (in the road lane?), what precautions did you take to go around the car?
Can you sue? In general, you can "sue" anyone and everyone you want in this country so long as you can afford the requisite filing fee and file within the requisite statute of limitations. But the proper question you should ask is, “Should I sue?”
In addition, even if you have a viable court case, if you are asking whether you have a viable one that will sustain a Motion to Dismiss or a Motion for Summary Judgment, that is a question that no attorney in this forum will be able to answer with any degree of certainty, as in order to sustain your suit, you have to prove a valid cause of action and provide persuasive evidence as well regarding both liability and damages.
People come to attorneys all the time and say, “I want to sue!” However, most of the time, filing a lawsuit is completely inappropriate, as you wouldn’t simply jump headfirst into a lawsuit without first trying to negotiate with the alleged at-fault party’s insurance company. Our court systems are clogged up enough without people filing unnecessary lawsuits without first attempting to come to an agreement with the other party or his or her insurance company. You would put in a claim first with either your insurance company or the other party's insurance company before even thinking about suing anyone.
Also, if the person you are suing has no insurance and no attachable assets, you may be left with a judgment but no way of collecting on it and will have wasted both time and money (filing a lawsuit is not free).
If you were injured, you should consult with an attorney in your area before taking any further action. You can use the "Find a Lawyer" link at the top of this page for names of attorneys in your area. Most even offer a free consultation and charge on a contingency fee basis so you don’t have to pay anything up front.
Please do not message me for further advice or contact my former law firm in any way. If you are in need of an attorney to assist you, please search for another attorney in the jurisdiction involved in your case, as I am now retired, and my former law firm is no longer handling these types of cases. I am active on AVVO and answer questions only as a public service at this point.
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No - you generally cannot sue someone for not using hazards -as the starting point is that YOU must maintain control over your vehicle and a safe distance while you are driving. If she was stopped in middle of road and as you passed her she opened her door, then there would likely be negligence on her part for that. This would generally be a property damage insurance claim not likely a viable law suit though it might legally exist.
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Based on your limited facts you state that the lady was in the LEFT lane and got out of the vehicle, presumably opening the driver side door. My question to you is this, if she was in the left lane and got out on the left side of the vehicle, how did you hit the door? Did you attempt to drive around the vehicle because it was stopped? Were you traveling in an actual lane or were you passing her illegally?
If more facts are provided and she is at fault for you incurring property damage or injury then make a insurance claim get medical treatment and hire a personal injury attorney.
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