Can I sue the driver who hit me and my child even if he paid the fine for failing to stop for a pedestrian?

Question

I was walking my kid to school and always wait at the light till it turns green and when it did we crossed in the crosswalk. A guy who was driving a sports utility vehicle said he never seen us and hit me doing 50 kilometers per hour! Bang up my leg bad! My baby flew out of my arms but thank God is okay! He got away with a 110$ for failing to stop for a pedestrian! Can I sue him?

Paul Whitfield · Answer

How does someone hit you with a car at 50 mph and not kill you dead at least twice.

David Barlow · Answer

Yes, you can sue the negligent driver for your pain, suffering, medical bills, and loss of wages. ?Although the fine is a very small amount, nonetheless, it does help to establish that he is liable for your injuries.

William Andrews · Answer

Yes, you can sue the driver who ran a red light and hit you and your baby while you were walking in a crosswalk.  You can make a claim with the car insurance company that insured the car the guy was driving.  Contact an injury lawyer to help you with your case and to make sure you and your child get fair financial compensation.  Good luck to you and your baby during this hard time.

John Brennan · Answer

You can sue him for your damages.

Wayne Wimer · Answer

Yes.  If you were in a marked crosswalk and proceed across the roadway within the borders of the crosswalk, the driver would have had to yield the right of way to you, and if he failed to yield, then he will be held responsible for your injuries and damages.

Ronald A. Steinberg · Answer

Absolutely.  The ticket was for a criminal action; the civil action is for you and your child to be reimbursed for whatever injuries and damages you were caused through no fault of your own.

Georges Shers · Answer

Certainly. The criminal system is separate form the civil system.

Willie Stephen Graves · Answer

Paying a fine for a violation doesn't excuse the driver from liability for injuries he causes. You have just as much right to sue now as you had before he was fined.

James Eugene Hasser · Answer

Yes. The fine is between him and the government. However, if it's not too late, you may try getting involved in the criminal case by asking the prosecutor to require restitution be made part of the sentence.

Edwin K. Niles · Answer

Two prongs of the same fork.  Fine was in the criminal court; you are seeking damages in the civil court.  See a personal injury lawyer.

Lawrence J. Signore · Answer

From what you present, you and your child may very well be entitled to pain and suffering, medical bills and lost wages (for you only assuming your daughter is not working).  The recovery depends on who was at fault and whether there is insurance coverage in place.

Erven Nelson · Answer

Yes.  His fine for the traffic infraction is separate from your personal injury suit.  In fact, it will help you in your lawsuit or settlement.

Dennis Pennington · Answer

Yes you can sue him and you likely have a good case.  Get a lawyer.

Jules D'Alessandro · Answer

Yes you can and should sue him for injuries.

Pius Joseph · Answer

Yes you can for personal injuries you sustained as a result of your injuries.

Thomas Edward Gates · Answer

You can sue for your medical bills and pain and suffering.

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Can I sue the driver who hit me and my child even if he paid the fine for failing to stop for a pedestrian?

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