- April 12, 2024
- Posted by: legaleseblogger
- Category: Related News
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## Situation Overview: Son’s Accident in Pennsylvania
We live in Pennsylvania in the United States. Our son was hit by a car and life lined to hospital. The car according to police was going 45 in a 25. My son is 15 was returning from local market, phone at home so no he wasn’t preoccupied, he only recalls the moments up to being hit. He looked multiple ways before entering crosswalk, and while in the middle of crosswalk was struck. He remembers a red car across the street that was waiting for him to cross and a car at the gas station etc. he said he saw no danger.
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## Current Status and Injuries
He is alive thanks goodness but spent 2 days in icu did not escape uninjured. Multiple facial fractures and brain swelling and bleeding. When the paramedics got there he was seizing. we will be going to go back to the hospital to check to see if he needs facial reconstructive surgery and to check his brain next week.
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## Legal and Investigative Details
The local store has video camera pointing towards where it happened although far away. The police just contacted us 3 days after the incident and said they know the person was speeding, video and witness’s confirm around 45mph in a 25 in a town. The vehicle was a big suv not sure make and model I did see it briefly while on the way to where my son was being air lifted and saw a huge dent. Police stated as of now they citing them with speeding and hitting a pedestrian. Not sure what the penalties are for that.
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## Road Conditions and Safety Measures
The county/township repaved the roads, I am not sure how long ago and never repainted crosswalk lines and there are no signs however you can see them clearly see the old lines on the sides of the road on the old pavement. I plan on visiting the police tomorrow to pick up his glasses they found and I have a bunch of questions for them.
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## Emotional Response and Insurance Claims
We are riding a mix of emotions. We are very happy our son is alive and not paralyzed. We are very angry about everything else and not sure what to do. I called my Car Insurance to see if they could tell me anything. They said that I should hear from an insurance adjuster from their insurance and from the police. The police just called this morning and gave his mother a brief update and she let them know about his injuries. I haven’t heard from their insurance so I am going to police tomorrow and calling my insurance company after that.
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## Personal Relationships and Legal Rights
I am not his bio dad but his only dad for past 9 years and his mother and I are not married. She is on my car insurance as a driver. Not sure what else to put, sorry if anything unclear. I am not sure what to do other that things listed. We would like to hear advice from others. I will do my best to keep an eye on this and update and answer questions. We really appreciate any help or advice given.
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****** just grabbed a
NAL:
I am so sorry for this OP. Since your son was the pedestrian your auto would not be involved. You would have to pursue the car’s insurance.
I would try and get the video footage yourself from the store to have as evidence. Don’t rely 100% on the PR/police.
In this case I would look into maybe getting an injury atty.
Don’t talk to their insurance company without a lawyer. You should get a personal injury attorney and let them handle it. Check your state BAR for an attorney if you do not have one already. Their insurance will try to low ball you.
NAL:
The general rule of thumb for suing is always going for the person/entity that has the most money.
In personal injury the attorney will look to determine what caused the injury from a variety of viewpoints.
The purpose is to assess if there is fault with city/county/car manufacture/manufacturer of the breaks etc.
In this case absent issues with city surveying the road incorrectly or failing to post signs identifying that people need to slow down, or that vision may be impaired to a sudden curve, or dip in the road or that the road creates excessive speed because of the gradient, and there are no issues with car itself (issues with the accelerator or brakes) then the money will come from the driver’s insurance and potential from the driver’s assets or drivers family assets.
NAL:
Time to lawyer up and get ready to sue the insurance. Not yours but theirs. If they don’t have insurance, you will need to sue them personally.