QUESTION
Is someone intoxicated and was hit by a car entitled to sue?
Asked on Mar 02nd, 2013 on Personal Injury - Michigan
More details to this question:
I am coming down a street at about 15mph. suddenly, a very intoxicated man, who had previously been walking down the side walk, runs in front of my car. No damage was done to my car but as the man jumped over my bumper, he hit his head on the pavement and got a small gash on the right side of his head. Is he allowed to sue? Would it hold up in court? How much would it be?
8 ANSWERS
If you can prove the facts, you have an absolute defense.
Answered on Apr 01st, 2013 at 3:01 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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That is why you hopefully have insurance, if he makes a claim turn it into your insurance company and they will defend you. If you did not have insurance call an attorney immediately if a claim is made.
Answered on Mar 05th, 2013 at 10:50 PM
If you hit a pedestrian they can sue you. However if he wasn't in a crosswalk he has a hard case because outside a cross walk whether he can show you were negligent is another matter. The fact you were going so slow may actually help him as you could have had time to brake. But I wasn't there so hard to tell.
Answered on Mar 04th, 2013 at 10:41 PM
James Eugene Hasser
No, it wouldn't hold up in Court. In Alabama, you cannot be at fault any at all. If you are, you can sue, but you will get kicked out of Court. Report it to your insurance company just in case something comes of it. If you do get sued, the insurance company will get you a lawyer at their expense to defend you.
Answered on Mar 04th, 2013 at 8:42 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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If it happened the way you say he would be found contributory negligent and could not recover now that is your story. What is his? What do the witnesses say?
Answered on Mar 04th, 2013 at 8:25 PM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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Sure he is allowed to sue but turn it over to your insurance company and they'll take care of it for you.
Answered on Mar 04th, 2013 at 8:18 PM
Christian Joseph Menard
Anyone who can afford to pay the filing fee, can file a lawsuit. That said, the probability of success of his suit is very low. From what you say, it sounds like the injured man's own negligence will be seen as the sole cause of his injuries. Turn the matter over to your insurance carrier and let it deal with it. That is why you have insurance.
Answered on Mar 04th, 2013 at 8:16 PM
Ronald A. Steinberg
If you can prove what you said, then you will win. I would notify your insurance company of the incident and let them deal with it. It is against the law to interfere with traffic on a through street, and he did. He may also have been trying to commit suicide.
Answered on Mar 04th, 2013 at 8:03 PM