Is It Worth Suing A Pedestrian For Causing An Accident?
People often automatically assume that when a car hits a pedestrian, the driver is at fault. While drivers do have a greater duty to be careful on the roadways, pedestrians also have a duty to use the public roads in a responsible manner. If a pedestrian's negligent actions cause an accident, the person can be held liable for any damages that result. However, the question of the day is, is it worth the time and expense to sue the person?
Can You Get Any Money?
If you suffer damages because of the accident, you can sue the pedestrian to recover your costs and losses. The real question is, though, how likely are you to get any money from the person? Since the individual wasn't driving, you won't be able to submit a claim to the person's insurance provider. You'll need to sue the individual directly for the money. Even if you win a judgment against the defendant, you'll still have to collect what's owed.
This is where you'll need to conduct some research and weigh the pros and cons of the situation. If the person is obviously indigent (e.g. homeless), then it may be better to submit the claim to your insurance provider or eat the cost rather than attempt to recover damages from the individual, especially if you're only out a couple hundred dollars.
On the other hand, if it seems like the person is gainfully employed and/or has assets that can help them pay for the damages, then you'll want to get the person's contact information and conduct some research. Use the Internet to locate blogs, social media accounts, and other digital footprints that can tell you more about the person who caused the accident. You'll want to see if:
- The person has a job, business, or other reliable source of income
- The individual has an assets that may be attached such as a home
- He or she may be receiving money in the near future (e.g. an inheritance)
It may sound a little creepy, but conducting this type of due diligence can help you avoid wasting time trying to sue someone who can't pay.
The Pros and Cons of Suing Anyway
Almost every state limits the amount of time you have to file a lawsuit. For instance, in California, you have two to three years from the date of the accident to file a car accident lawsuit. Here's a resource where you can look up the statute of limitations in your state.
The person may not have any money now, but that may change at a later date. One option is to wait to sue if possible until it appears the person's prospects has improved.
Another option is to sue anyway. The primary benefit to doing this is the statute of limitations for collecting a judgment is typically longer than the limitation on filing a lawsuit. For instance, in Michigan, you have ten years from the date the judgment was awarded to collect your money. The judgment also allows you access to a variety of tools you can use to get the money from the person such as wage garnishment and liens.
The drawback to filing suit is that the person can get the judgment wiped out by filing bankruptcy, which means you'll likely never see a penny of that money if the person successfully gets his or her debts discharged.
Although a pedestrian may be liable for damages in a car accident, it's important to carefully evaluate the circumstances before filing a lawsuit to make sure you'll be able to get the money you're due. For more information, visit http://www.hvlawfirm.com or a similar website.
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