My question involves an injury that occurred in the state of: CA
Hi, a family member was hit as a pedestrian by a motorcycle half a year ago that caused her to lose her leg, and nearly her life.
We retained a well-qualified lawyer who did some investigation for us and found that the guy was still in college and only had the minimum $15k insurance coverage and no other signaficant assets. They also looked to see if the city traffic lights were functioning properly, whether or not he was working at the time or if he had any insurance under his parents but nothing good came out of it. There was suspicion that he was weaving and speeding through traffic and ran a red light before hitting her, but the cops were unable to find any solid evidence to say definitely.
Lawyer says that at this point, there is really nothing that can be done but to take the money. For example, there is no use in suing to garnish his wages due to the additional cost/time for litigation and he can just file for bankruptcy to wipe out his debts.
I just wanted to post here and in other places to see if there was anything that we can do before we sign the settlement papers. I just find it hard to believe that basically there was no punishment/penalty to the driver for such a horrific accident with such great injury caused. I think the cops said that he has been in other accidents before. Can his license be taken away so that he won't harm others? Is it ever worth it to sue him and if he files for bankruptcy then let it be?
Any advice would be greatly appreciated. Thanks.