Pedestrian TrafficQuestion: Can I sue when I got hit when crossing in a pedestrian lane?

Question Detail: I was crossing the street legally at a red light, when the car that was stopped at the light was rear ended. That stopped car hit me and I went flying, and hit the pavement hard. I have a torn MCL ligament in my knee + bruising + swelling + pain. I have to wear a brace and still limp, and cannot play any sports. I am 27 and have car insurance. Do I go through my insurance for a settlement or sue? And how much?

Answer: Yes assuming you have a valid claim you can sue, but can you win? That’s the ultimate question for you to answer. Your claim is against either the driver of the car causing the accident, the owner of that car and your own insurance company for both medical pay and perhaps uninsured/underinsured insurance. You will end up suing everyone in one lawsuit and then doing some discovery to nail down who is at fault, by how much and who has what types and amounts of insurance coverage. You’ll need certain insurance companies agreeing or consenting to settlement and you’ll certainly have to know the amount of medical expense owed; so all points to no quick settlement and a lengthy claim process. But that’s what it should be and you should not be in a hurry to settle. Clear?

[Image by Steve Lombardi, Mt. Elbrus, Russia]

For further information review the blog posted earlier this week.

What do our readers think about someone wanting to settle quickly? Yes go for it or no hold off and do it right?

Steve Lombardi
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Iowa personal injury, workers' compensation, motorcycle, quadriplegic, paraplegic, brain injury, death
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