What happens if I did not use a crosswalk and was hit by a carbut the driver had the “last clear chance” to avoid the accident?

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What happens if I did not use a crosswalk and was hit by a carbut the driver had the “last clear chance” to avoid the accident?

The car hit me and I flipped barely denting the hood. No hospital; no broken bones. I went back to work.

Asked on July 7, 2011 under Personal Injury, Arkansas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

So what I think that you are asking here is if you have the basis for bringing a personal injury lawsuit as against the driver of the vehicle that hit you because of this legal doctrine you mention above.  Correct?  States differ on the ability to being a lawsuit for personal injury.  In New York, for example, one needs to meet a legal "threshold" of injury to be able to collect on a lawsuit.  The level of the injury matters.  I am unsure if in Arkansas that is the case as well but consultations for personal injury lawsuits are also generally free so you should take advantage of that ad speak with an attorney in your area for a definite answer.  My feeling here is that you have no injuries to sue for, for the jury to base an award of damages on.  Good luck.


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