Hit by car while riding a horse...

by A

I was riding my horse just in front of my house on state hwy 73 when a speeding car came flying around the corner at speeds likely above 90 mph. I was just crossing the road on horseback and the driver was unable to stop.

He slammed on the brakes, which caused him to lose control of the car, skid 200 feet and drift into the other lane where he struck us, breaking both of my horse's legs and injuring my head and face. He initially stopped and asked if I was okay, but left the scene quickly.

A bystander was able to get his license plate number. My horse was euthanized at the scene. Do I have a case against the driver? What do I do at this point? Thank you.

Visitor Question:
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ANSWER for "Hit by car while riding a horse...":

A (USA):

It sounds like you definitely have a legitimate personal injury and property damage claim against the driver. Hopefully the police tracked down the driver and arrested him.

If so, be sure to purchase a copy of the police report. The report will be full of valuable information you can use to support your claim. Police reports normally include the at-fault driver's name, address, and insurance company.

In your case, the police report should also contain the name, contact information, and statement of the witness. Additionally, the report should contain a diagram drawn by the investigating officer. It should show where the car was in relation to you and the horse.

Moreover, if the driver was arrested for "hit and run," that arrest will be strong evidence confirming his fault.

Whether a police report was made or not, contact the driver and ask for his insurance information. Then contact his insurance company to file a claim for your medical, chiropractic or dental bills, out-of-pocket expenses for medications, costs of transportation to and from treatment, lost wages, and your pain and suffering.

In addition, your claim should include reimbursement for the value of your horse.

As long as there is no question about your having contributed to the collision, you should have no problem succeeding in your claim.

Finally, if your facial injuries are serious, or if there is a question about contributory negligence, your best interests would be served by contacting a personal injury attorney.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.

Best of luck,

Judge Calisi

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