What can we do after a pedestrian jaywalking killed by hit-and-run driver? 43 Answers as of February 20, 2012

Contributory negligence: Your brother's estate may recover based upon his contribution to the accident. lets look at this hypothetical to drive the point home, e.g. if recovery is 100% and the court finds him 40% at fault for jaywalking, then he recovers only 60%. He cannot recover the full amount because he contributed to the accident by jay walking, but will still recover something. Please note that this is not legal advise and should not be construed as such.

You should contact an attorney right away. If they ultimately found the driver there may be a claim to make against that person and their insurance. The fact that he was jaywalking may limit the driver's liability but does not eliminate it.

I am sorry for your brother. The driver can be held responsible for hitting your brother. We would need to investigate the matter.

Sorry to hear about your brother. Even though your brother violated the law, a driver is still required to exercise due care for the safety of pedestrians. You have a good personal injury lawsuit against the driver. Just not as strong or valuable as if your brother was in a crosswalk.

Yes, quite possibly, depending upon the rules of your particular jurisdiction which govern comparative and contributory negligence. You should arrange for a consultation on the incident with a local attorney who handles personal injury matters in your area.

It depends on the state. In Alabama he would be contributorily negligent. It is possible to recover, but it will be hard to get past contributory negligence on his part. Talk to an attorney in your state.

Sorry to hear about your tragic loss. You would still have a wrongful death claim.

Your brother's estate may have a claim on behalf of his surviving spouse, minor children and anyone else he supports.

In Texas you can seek damages against someone that hit and killed a pedestrian with a vehicle. There may be arguments that the pedestrian was also negligent but that would only reduce the amount of recovery one may be able to recovery. I recommend that you contact an attorney who can advise you on your rights.

Yes you could. First, you might be able to show that your brother had the right of way, or that the accident was otherwise the other person's fault. You may wish to consult an attorney immediately, because valuable information that might be used to reconstruct the accident could be lostt. Second, if the other driver had a legal duty to render aid, and if you could show medically that there would have been a different outcome, that would be an alternate theory of liability. I would have to research whether the other driver had a duty to render aid. Generally there is no such duty. I know he has the legal duty to remain at the scene. I do not know if there is also a duty to call law enforcement.

Absolutely! Think about what a compelling story that is: you shouldn't pay for jaywalking with your life! Plus who knows what the driver might have done wrong. He may have been drunk, he may have been speeding, he may have been texting, he may have been playing with the radio, he may have been driving with his lights off, etc. In my experience, the evidence in cases like these quickly disappears. It is probably a good idea to start talking to an attorney right away so that they take photos, video, interview witnesses and otherwise preserve as much evidence as possible. On another note, I'm really sorry to hear about your brother.

ID: 25389 Could you be successful? Yes. Will you? One the one hand, the fact that the driver hit your brother and left the scene of the incident is important to proving the driver's liability. You can infer some degree of fault from his refusal to stop. To the extent that your brother was jaywalking is a matter of contributory negligence. So long as his degree of negligence was less than 50% of the cause of the accident. While the evidence that your brother lay dying in the road for hours is heartbreaking, your main problem is a lack of corroborating witnesses. The fact that your brother lay in the road for so long unattended means there is probably no other person that witnessed the accident. Your best avenue would be to pursue not so much the angle of the driver injuring your brother, but by refusing to stop at the scene of the accident and assist, he breached his duty of care. You do not normally have a duty to stop to care for an injured person, unless your actions caused that injury.

You could possibly have a case. But, unless there were witnesses, then you are going to have to rely on expert testimony for an accident reconstruction. For example, if the speed limit was 30 MPH and the damage to the car and injuries indicate that the car was going 60 MPH, there is evidence of negligence.

From the facts you stated, the driver can most likely be held liable for your brothers death. The fact that your brother was jaywalking will definitely be an issue however, there is the legal principle of "last clear chance" which could possibly be used to overcome the fact your brother was jaywalking and make the driver of the vehicle liable. These matters can be complicated and difficult and my advise is to contact an attorney as soon as possible to investigate this matter in great detail.

Short answer is probably yes, but you really need to talk to a lawyer, the sooner, the better. If there are eyewitnesses, their testimonies could be very important. The passage of time will not help their memories.

I am very sorry to hear about your loss. You should talk to a PI attorney. There are facts unknown about the accident itself and there are questions regarding your ability to sue in a wrongful death suit. 7

Yes the potential exists. The facts you have provided are insufficient to reach a final conclusion on. The people who Idaho law gives the right to pursue a claim for your brothers wrongful death are his spouse and children if any and his parents. As a sibling Idaho law does not provide you a cause of action.

The driver had a legal obligation and to wait for the police or, rather call the police. The estate of your brother can sue the driver of the car.

I'm sorry for your loss. His family would probably be able to recover. Though there are many factors to be considered, including your brother's contributory negligence, it is never "open season" on pedestrians.

I am very sorry to hear that you lost your brother. Especially in such a horrible way. It sounds like if the driver stopped and called for help, your brother's life may have been saved. Although your brother was jay-walking, there should still be a strong likelihood of success for a civil case against the driver. It is somewhat complicated and it is your brother's "estate" that would have to initiate the suit, but that is a technicality that is not difficult for a lawyer to deal with. You are doing the right thing seeking legal counsel and you should not speak to anyone who represents the driver or the driver's insurance company. In fact, you really shouldn't speak to anyone but the lawyer who represents you or your brother's estate until you are provided legal counsel. The driver, or his insurer, will be eager to settle this quickly and for as little as possible. They will look for any kind of act or statement that can be used to escape or minimize their liability.

You may have a case, based upon the information that you have supplied. We would be happy to provide you with a free consultation if you call my office at either of the numbers listed below. If my office accepts your case, there is no fee charged unless we are able to obtain a settlement for you.

Let me start by offering my condolences for your loss. In response to your question, though, the answer is 'yes,' you might be successful. First, even though he was jaywalking, every driver has an obligation to look out for people in the roadway. Admittedly, the odds of success on that theory, alone, are small; and even if a jury was to determine the driver was responsible, your brother would be held largely responsible, too. However, the driver had a statutory obligation to stop - and didn't. Since your brother apparently survived the initial impact, it is quite possible that had the hit-and-run driver called 911 and stayed at the scene (which he was required to do), your brother might have survived. That legal theory has a much better chance of success.

Yes, you can still bring a claim despite the fact your brother was jaywalking. In Florida, however, a sister is not a "survivor" under the definition of survivor in the Wrongful Death Act. Consult with good personal injury attorney right away.

Sorry to hear about your brother. As Florida is a comparative negligence case, your brother's survivors are entitled to bring a claim against the driver of the car, and the fault of each person will be weighed against each other. So, the fact that your brother was jay walking will not bar a case.

Possibly. More information is needed to evaluate the claim. Considering that this was a hit and run accident, an investigation may reveal that the driver shares some of the negligence for what occurred. Consult with a Florida lawyer.

You should hire an attorney that is specialized in these types of cases. An investigation should be done right away and an expert utilized to determine liability. There are many facts missing from your question, facts which are important in order to analyze the case and give an accurate legal opinion. BTW, my condolences on the loss of your brother.

As for hitting your brother, the driver may still be liable depending on the circumstances of how it occurred. Vehicle Code 21954. Pedestrians outside crosswalks (a) Every pedestrian upon a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right-of-way to all vehicles upon the roadway so near as to constitute an immediate hazard. (b) The provisions of this section shall not relieve the driver of a vehicle from the duty to exercise due care for the safety of any pedestrian upon a roadway. In an old case from 1953 where one was killed while crossing (not in a crosswalk) and the truck driver fled the scene, the driver was held liable. The court noted: The jury was instructed that the conduct of Farnsworth in driving away from the scene of the accident might be considered as a circumstance showing consciousness of responsibility on his part for the accident and death of Brooks and that the weight to be given such circumstance was a matter for the jury to determine. The jury was further instructed that the fact that Farnsworth left the scene of the accident could not, in and of itself, be the basis of a verdict against defendants, and if Farnsworth was not guilty of negligence which caused the accident and death of Brooks, or if Brooks was guilty of negligence which contributed to his injury and death, the verdict must be for defendants, regardless of what Farnsworth did or failed to do after the accident. Defendants argue that an instruction on the inferences which may be drawn from flight is appropriate only in a criminal prosecution. See Pen.Code, s 1127c. We have found no case in this state where an instruction of this type has been given in a civil action, but it has been held in other jurisdictions in negligence cases that failure to stop and **807 render aid is some evidence of a consciousness of responsibility for an accident See Kotler v. Lalley, 112 Conn. 86, 151 A. 433-434; Shaddy v. Daley, 58 Idaho 536, 76 P.2d 279, 281-282; Langenstein v. Reynaud, 13 La.App. 272, 127 So. 764, 766; Battle v. Kilcrease, 54 Ga.App. 808, 189 S.E. 573. Such an inference appears to be a reasonable one, and it was not error to give the instruction. The inference, of course, may be refuted, and a defendant is entitled to explain his conduct. In this connection, defendants complain that the court sustained an objection when Farnsworth was asked by his attorney why he did not stop after running over Brooks. The ruling of the court was, of course, error, but it was acquiesced in by defendants' attorney who stated that he thought it was correct and made no offer of proof. Moreover, Farnsworth's explanation of his failure to stop was developed elsewhere in the evidence, and it does not appear that any prejudice resulted from the ruling. The bottom line is that you could prevail, but an attorney deciding to take the case or not might need some more facts as to how the accident occurred, at least from the perspective of the driver. But fleeing the scene is certainly a knock against him.

Please accept my condolensces on the tragic death of your brother. Even though your brother was negligent in jay walking, that probably wasn't the direct cause of his death. The delay in treatment was. That delay is attributable to the driver who left the scene, in violation of Oregon law. You have a valid claim. You should contact an attorney right away. It is important in these cases to secure as much evidence as possible as early as possible.

There isn't enough information given to answer conclusively but yes a recovery is possible. Georgia is a comparative negligence state meaning that the jury decides the percentage of negligence for both the plaintiff and the defendant. If the amount of negligence of the defendant is greater than that of the plaintiff (as long as the plaintiff is not 50% or more negligent) the plaintiff can recover although the amount of damages is reduced by the amount of the plaintiff's negligence. For example, if the defendant were speeding the jury might find the defendant 60% negligent and your brother only 40% negligent for his jaywalking. In that situation if the jury felt the total damages was $1,000,000 then the jury would reduce that to an award of $600,000. Usually there is something the defendant can argue to make the plaintiff partially responsible for the incidentso this is actually quite common.

Yes, you could be successful. It would be up to a jury, but I'd say your odds are very good. You should talk to a lawyer soon. The statute of limitations in wrongful death cases in Florida is two (2) years, but you don't want to wait until the deadline. Sorry for your tragedy.

Yes, you certainly could. It will depend on how visible your brother was to the driver and whether the driver was operating his vehicle taking into account all attendant circumstances, including your brother in the road. I tried a case once where the individual was alleged to be laying in the middle of the road at 4am and was run over by a semi. The verdict was 7 figures plus as the story was not quite what the driver tried to make it out to be.