A few months ago i was stopped at a red light making a right turn.I seen a pedestrian waiting to cross it seemed he was waiting for the crossing light to turn on. After checking it was clear i let off the break to turn and he stepped off the curb and I bumped him. Now he is suing me for 10,000 in small claims court and my licence has just been suspended being I didn't have insurance when the incident occurred note the crosswalk light wasn't on he must have never pushed the button not sure of that makes a difference also there was no marked crosswalk at the time....what's going to happen?
Hire local counsel. Typically a pedestrian has the right of way at a crosswalk. Need to explore the facts more to see if the pedestrian should have waited.
You have several options:
Hire defense counsel which may end up costing more than the demand;
Fight the liability claim as well as the damages yourself;
negotiate with the plaintiff; or
discuss asset protection/bankruptcy with local counsel.
You don't get to bring an attorney with you to small claims court... but, you culd hire one for a one hour or so consultation to understand your rights and get some advice on how to present your case at the small claims trial. At the small claim trial you will be sent off for mediation before the trial. If you want to pay some amount, that will be a great chance to settle. The paid consultation with the attorney you do before the trial can advise you on that option. Also... GET INSURANCE!!! YOU ARE LUCKY YOU DIDN'T SERIOUSLY HURT OR KILL SOMEONE.
* Dr. Paul J. Molinaro, M.D., J.D. (Attorney and Physician) ** 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 defective drug and medical device litigation, medical malpractice, personal injury, health supplement litigation, and real estate law and does so anywhere in the State of California. **** If you enjoy my posts, enjoyed a consultation with me, or are a happy satisfied client, please give me an Avvo recommendation/review.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline