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Kid Hit By Car, Legal Question...

Discussion in 'Mayberry Lounge' started by Joe Wong, Aug 31, 2015.

  1. A.A. Riggs Musta Caught Herself by Surprise

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    Having your kid hit by a car wasn't enough? Now you wanna drag her through the foster system?
     
  2. mushishi A is a, a is a, should I save her?

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    Nice knowing that there are still decent people on this planet. If your daughter is fine, I'd drop it, but maybe take her to the doctor for a check up depending on if she's acting different in any way.
     
  3. RedRocket44 Brown Belt

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    I mean if your daughter wasn't hurt it's probably not worth your time to drag it thru the courts, and I don't think there's any surprises that could come your way. It's basically a he said / she said, and I doubt the person would even get a ticket for failing to stop.

    That said, you really need to be on the ball at the time, which can be hard because you're probably emotional. Should have got pictures of the car to record damage, as well as getting all the witnesses contact info, and immediately file a police report if you were even thinking of taking legal action. I don't think contacting police days after goes over too well.
     
  4. Reyesnuthugr Dominick Reyes Belt

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    I know the situation is all over by now.


    But I want to talk theoretically. Theoretically, if he had tried to sue, any lawyer of yours would file a countersuit against him automatically (its a law tradition), and he would be forced to drop his suit AND/or get his assets obliterated, since your side had all the leverage the entire time.

    So, there was never anything to worry about. You were holding all the cards
     
  5. A.A. Riggs Musta Caught Herself by Surprise

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    The only shot the other driver had would be if the girl was jaywalking.

    Or if her father admitted she ran the stop sign. Like on the internet, or something.
     
  6. Joe Wong Banned Banned

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    Thanks man. Trust me, my mind was definitely all over the place thinking about the what ifs.

    That's very comforting and understandable now.
     
  7. TankAbbott4Eva Gold Belt

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    Get this woman on the case

    [​IMG]
     
  8. Snakesolidsnake Purple Belt

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    That's what I thought. If the guy was freaking out, he's probably more grateful that no one was hurt and he's not getting sued. People who would try to sue for something like that would probably be trying to blame the kid at the scene.
     
  9. The Batman Retired Platinum Member

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    There's absolutely nothing the driver could do to you.

    A pedestrian is never at fault.
     
  10. rocketskates (Cancel) Culture Club

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    Glad she's ok. But yes, get a police report made. It takes a cop ten minutes to write one up.
     
  11. rocketskates (Cancel) Culture Club

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    While I don't think he has anything to worry about a pedestrian who is jaywalking and hit by a vehicle could be cited for doing so with no fault to the driver.

    Also, the fact that his stepdaughter was on a bike changes the game a little because in illinois at least, the vehicle code states that a bicyclist must obey all traffic control devices just like a car. They don't usually do it but if a guy on a bike smokes a stop sign and is hit by a car he would be at fault.
     
  12. Emang8 Purple Belt

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    That's what I was thinking, I wouldn't sweat it either, i'm sure this guy is thanking his lucky stars you are being so cool about it.
     
  13. The Batman Retired Platinum Member

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    While no legal action would be taken against the car driver in the scenario you stated, the drivers insurance company would still pay out the guy on the bike and the car driver would get an insurance hike due to it.
     
  14. Cooz Brown Belt

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    He only has your phone number, right? Nothing else?

    I wouldn't worry about it.
     
  15. rocketskates (Cancel) Culture Club

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    True. There is always the civil aspect of things in the lovely US of A.
     
  16. The Batman Retired Platinum Member

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    Canada as well.
     
  17. A.A. Riggs Musta Caught Herself by Surprise

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    Wait, you're the Canadian Batman?
     
  18. ripskater Guest

    If your kid's ok, let it go. Don't file a report.
     
  19. Nooby Doo Orange Belt

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    Glad your kid is ok.
     
  20. zackryder Long Island Iced Z Platinum Member

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    y does canada even need a batman? nothin crazy happens up there
     

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