Who is liable? Can you, the pedestrian, sue?
My client was an elderly Dublin pedestrian who was struck by a car while in the crosswalk. The investigating officer concluded that my client was at fault.
The motorist had the green light when she struck my client in the crosswalk. We took on the insurance company against all odds. We won.
But not all pedestrians can be judged by the same standards. My client was elderly, and while she stated the she started crossing six lanes of traffic with the light in her favor, she was unable to get to the other side safely.
Complicating the case, there was a witness who said she started crossing against the light.
The indisputable fact was that she was struck by a woman driving a car – who had a green light – before she could finish crossing. She was seriously injured, needing significant medical care. What could she do against the motorist’s huge insurance company? It seemed hopeless.
Who’s liable here?
The investigating officer concluded that my client was at fault, and the motorist was without fault. He had tested the timing of the light and found that he was able to cross all six lanes in the time given by the green light. The officer also relied on a witness who stated my client did not have the green light when she entered the crosswalk. The case looked grim but we stayed resolute.