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Posted Dec 29th, 2011
I got hit by a car while I was drunk and J-walking and I want to know if I have legal grounds to sue
even though it would seemingly be my fault

Additional Details:
I live in California, I was drunk and j-walking at the time of the incident, but I''ve been told
that no matter what its the drivers fault
Legal Topic Area: Personal Injury in CA | 2 Answers

1st Answer

At face value, it doesn't sound like you would win. Nevertheless, if your drunkenness and your jaywalking did not contribute to the accident, it is theoretically possible that you could sue and win.

What does the police report say? If it says that the accident occurred because you were drunk and jaywalking, you are going to have a hard time finding an attorney who would take your case.

Happy New Year! Don't drink too much. If you do, stay out of traffic.


Answered on Dec 30th, 2011 at 5:10pm


Other Answers

It is true that a driver does not have a wide open field to hit someone who is crossing the street just because that person is outside of a crosswalk. That driver must still act as a prudent person would act under the stoutish, and take steps to avoid hitting that pedestrian if possible. So this MIGHT be a situation where liability is shared rather than 100% yours.

An experienced personal injury attorney would probably give you the benefit of his practical experience and tell you that under most circumstances an insurance claims adjuster will not offer you more than a nominal sum in settlement of your claim, and that a jury would likely hold your intoxication against you in determining liability and in awarding you compensation. It you are serious about pursuing a claim, you need to meet with an attorney and talk about all of the evidence, including the evidence which would tend to prove that you were intoxicated at the time of the accident. Then you will have very meaningful insight into your chances.

Good luck!

Brian Chase,
BISNAR|CHASE, Personal Injury Attorneys.
http://www.BestAttorney.com
http://www.ProductDefectNews.com
800-956-0123.


Answered on Jan 19th, 2012 at 12:13pm