Page 1 of 2 1 2 LastLast
Results 1 to 10 of 17
  1. #1
    Join Date
    Apr 2006
    Location
    IL
    Posts
    35

    Default Can a Pedestrian Get Compensated if the Accident Was Her Fault?

    My question involves an injury that occurred in the state of: Florida

    My friend was standing behind the car without knowing if a driver was about to back up. The car backed up and she was hit and injured. Unfortunately, when the police arrived he gave fined my friend by ticketing her and let driver go freely.

    Is there anything she can do to appeal the police's decision? Is there anything she can do to win this? Can pedestrian win in a court of law in this case?

    Thanks for your help.

  2. #2
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,252

    Default Re: Can Pedestrian Get Compensated if the Accident Was Her Fault?

    It seems as if the driver was not at fault. Did your friend report the accident to her car ins. co.?

  3. #3
    Join Date
    Aug 2007
    Posts
    3,835

    Default Re: Can Pedestrian Get Compensated if the Accident Was Her Fault?

    Quote Quoting asylee10
    View Post
    My question involves an injury that occurred in the state of: Florida

    My friend was standing behind the car without knowing if a driver was about to back up. The car backed up and she was hit and injured. Unfortunately, when the police arrived he gave fined my friend by ticketing her and let driver go freely.

    Is there anything she can do to appeal the police's decision? Is there anything she can do to win this? Can pedestrian win in a court of law in this case?

    Thanks for your help.
    "Appeal" means pleading innocent and having a trial date set. The exact facts will determine her case under the code section as cited!

  4. #4
    Join Date
    Apr 2006
    Location
    IL
    Posts
    35

    Default Re: Can Pedestrian Get Compensated if the Accident Was Her Fault?

    My friend does not have car. She was standing behind the car when the driver backed up..

  5. #5
    Join Date
    Aug 2007
    Posts
    3,835

    Default Re: Can Pedestrian Get Compensated if the Accident Was Her Fault?

    Quote Quoting asylee10
    View Post
    My friend does not have car. She was standing behind the car when the driver backed up..

    What "exactly" was she charged with? Disorderly conduct? Obtructing traffic?

    I don't know of any law about standing by a car unless it was a deliberate attempt to block movement or is casing it to break in, etc.

    The operator of a motor vehicle has a legal duty to make sure it is safe to back up before doing so, and any injury caused as a result of negligence should be actionable by your friend!!

  6. #6
    Join Date
    Apr 2006
    Location
    IL
    Posts
    35

    Default Re: Can Pedestrian Get Compensated if the Accident Was Her Fault?

    I was told that after police arrived, he gave ticket to my friend ($50) and stated that it was her fault (I didn't ask specifics on violation code which was cited). Briefly, I was wondering if there is any law which can let driver go freely after injured a pedestrian by backing up their car with an excuse that it was pedestrian's fault.

    I appreciate for your response to this.

  7. #7
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Can Pedestrian Get Compensated if the Accident Was Her Fault?

    If you tell us exactly what happened and share the nature of the citation issued, we may be able to provide some insight.

  8. #8
    Join Date
    Apr 2006
    Location
    IL
    Posts
    35

    Default Re: Can Pedestrian Get Compensated if the Accident Was Her Fault?

    I will provide more information if they become available to me. Thanks for all your help.

  9. #9
    Join Date
    Jun 2008
    Posts
    273

    Default Re: Can a Pedestrian Get Compensated if the Accident Was Her Fault?

    Generally, a person cannot be compensated if they are to blame for their own damages.

    However, whether or not she is 'at fault' is for a judge/jury/arbitrator etc to decide. So yes, she *may* get compensation for an accident that *you* think was "her fault" if the judicial process disagrees with your assessment of fault.

  10. #10
    Join Date
    Mar 2008
    Posts
    1,995

    Default Re: Can a Pedestrian Get Compensated if the Accident Was Her Fault?

    You may have gotten a biased version of the story.

    I've seen arguments started in malls, someone tries to get away, then the other party gets close enough to the car to get "brushed" against, then starts yelling "I got hit, I'm calling the police".

    Usually, the police doesn't do anything. In this case, gave the offender a ticket.

    If this person sues, and it was me, or my lawyer, I'll go to court, and cite the police report as proof that she "ran into me car", and damaged it, not the other way around, and an immediate police investigation on the site proves it.

    You have to agree that a victim getting a ticket is so rare that any judge and jury would question the "victims" version of events. If I was a juror, I sure would have doubts.

    The only reason why I can think off where an officer writes the "victim" a ticket, is if this victim was "it didn't happened the way it was claimed, the victim was out of control, and witnesses didn't support the victim's version.

    Once, a long time ago my wife got into a loud shouting match with a young girl, both looking for a parking space at a mall. I got tired of it, got out of the car, to walk to the store. Well, this upset young girl brushed up against me with her car later, as she wasn't looking where she was going, looking for a space. I thought for a moment about shouting, "she hit me, and fall to the ground". I didn't. I could've used the money too.

    Now, if I called the cops, and enough witnesses said it didn't happen that way, I'm sure I could've gotten a ticket that day, at least for filing a false police report.

    1. Sponsored Links
       

Page 1 of 2 1 2 LastLast

Similar Threads

  1. Traffic Accidents: Car-Pedestrian Accident in New York
    By AlexNYC in forum Accidents and Injuries
    Replies: 6
    Last Post: 01-06-2010, 02:24 AM
  2. Traffic Accidents: Driver In Accident With Pedestrian New York
    By josik82 in forum Accidents and Injuries
    Replies: 2
    Last Post: 06-04-2008, 01:57 PM
  3. Traffic Accidents: Car Accident Involving a Jay Walking Pedestrian
    By Lownyou4evr in forum Accidents and Injuries
    Replies: 4
    Last Post: 07-19-2006, 09:00 AM
  4. Traffic Accidents: Injured in Car-Pedestrian Accident
    By chrisp in forum Accidents and Injuries
    Replies: 4
    Last Post: 05-03-2006, 03:44 AM
  5. Hit-And-Run Accident With A Pedestrian
    By grandr29 in forum Moving Violations, Parking and Traffic Tickets
    Replies: 2
    Last Post: 11-17-2005, 12:03 AM
 
 
Sponsored Links

Legal Help, Information and Resources