Visitor Question

Liability When Hitting a Pedestrian?

Submitted By: Valentina (Clearwater, Florida)

My mom hit a pedestrian with the side of her truck while driving. There was no damage to my mom’s car and the person had a small scratch on her elbow. She was transported to the hospital for a medical evaluation.

Is my mother liable for this person’s injuries and medical bills just because my mother was the one in the truck? Is the person driving a car automatically liable if they hit a pedestrian?

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Valentina,

Without additional facts it is very difficult to know the amount of liability, if any, your mother has in this incident. If the pedestrian had the “right of way” then your mother may be fully liable for the injuries the pedestrian sustained.

If the pedestrian was jay walking or otherwise violating the traffic laws, the pedestrian may be contributorily negligent. If that was the case your mother’s negligence may be lessened.

Even if the pedestrian was contributorily negligent there is a good chance your mother will carry more of the negligence than will the pedestrian. From the facts you present you don’t seem to be able to provide any evidence to support the lack of your mother’s negligence.

If the pedestrian was injured as a result of being struck by your mother there is every likelihood she will be responsible for the pedestrian’s medical bills, her out of pocket expenses, such as prescription and over the counter medications, possibly her lost wages, and an additional amount for her pain and suffering.

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

Best of luck,

Published: January 12, 2012

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