auto accident involving a pedestrian in New York City

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

auto accident involving a pedestrian in New York City

My son is listed as a driver on my car. He was working and was asked to make a delivery with the car. When he returned from the delivery, the entrance to the place where he worked is located right next to a bus stop. It was night time and a woman ran out into the middle of the the street as he was preparing to turn into the lot. She ran right into the car and fell to the ground. My auto insurance company tells me that the person involved won’t give them any information and I recently received a summons from the Supreme Court, along with my son. I forwarded this to my insurance company. Please help

Asked on March 29, 2009 under Accident Law, New York


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 15 years ago | Contributor

Your insurance company will defend you and your son if he was an authorized driver. As he was working for his employer at the time of the accident, his employer may also have liability for any injuries caused by his negligence.

There are two basic issues.

1. Was your son negligent (at fault) in terms of his driving? That usually depends on all the facts and circumstances and who is likely to believe the two or more stories that will emerge -- his story (I was driving very slowly, paying attention, my headlights were on, the road was well lit, she darted out between 2 parked cars, etc.)  and the pedestrian's story ("I crossed at the crosswalk, with the light, after carefully looking both ways and this car with the lights out came from out of no where at a fast speed and hit me..."  If he was acting reasonably and his lights were on and she darted out and no reasonable driver could have stopped, there would be no liability. 

2. What were her damages -- not only immediate medical bills and other economic damages (such as loss of wages, torn clothing, costs of rehab and nursing care, etc.) but non-economic damages such as for any residual injury (such as a scar, a limp) and pain and suffering. 

Your insurance company (and his employer's) will either settle the case or pay any judgment up to and including the amount of the liability limit on your policy. If our limit is too low, and his employer lacks un-owned auto liability coverage you may have a problem. 

By the way, in NY any licensed lawyer can issue the summons, which starts the action.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption