She has been fined for jwalking and was told to pay for all her medical billings. Now, the main question here is...the driver was drunk. He seemed drunk, and even the witness noticed that he was drunk. There was total four police officers and it seemed like they KNEW him. As soon as the accident broke out, the guy just asked if my mom was okay, and called somebody talked for about a minute. Within a minute 2 police officers came...I don't understand the situation. Like...Although my mom crossed the street ilegally, she was hit and it was a big hit. Everybody around the place came to see the scene because the hitting sound was so loud. She literally flew to the other side of the street. When the police officer came to the emergency room, he gave my mom a ticket...Even when though he saw the scene he said...who knows how fast he was coming. The driver had said 5 miles but it was actually ATLEAST 20 miles.
I don't see a question anywhere in your entry, but I'm assuming that you are inquiring about whether your mother has a good legal claim or not.
There are several elements that must be present in order to make a good case:
1. Negligence - She is going to have to show that the driver was at fault, not her. Because you acknowledge that she was crossing illegally, that is going to be strike against her, but maybe not fatal to her case. If the driver was also driving too fast or recklessly, she may be able to make a claim. In Virginia we have a rule called "contributory negligence" which means that if your mother was even a little bit negligent in causing her own injury, then she would get nothing. But in reality, juries often ignore this rule and may give her something.
2. Causation - She has to show that the accident is what caused her injuries. This should not be hard to do in this case. But sometimes there are pre-existing injuries that get exacerbated by the accident and that can be hard to prove.
3. Injury - You did not describe the extent of her injury. How badly was she hurt? Did she require medical treatment? Was she taken away in an ambulance? What is her prognosis? If she was hit, but not injured, then it is not much of a case.
4. Damages - Her injury must be severe enough to be worth something. While even the smallest injury causes some pain and suffering, the amount of pain for something like a bruised knee or a paper cut would be so small as to not be worth pursuing. Typically in order for a lawyer to consider the case worthwhile, she would have to have injury severe enough to warrant further medical treatment. The amount of money a person may likely recover is usually related to amount of the medical bills, plus pain and suffering. The old rule of thumb is three times your medical bills, but that is just a ballpark.
This answer is given in accordance with the laws of Virginia and may not be applicable in any other state. It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case. If you need further information or assistance, please feel free to contact my office for a consultation.
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