So I had a pedestrian vs. vehicle accident in October 1, 2007. I thought I would get the scientific brains behind ATOT to beat them at their own game.

My insurance company offered, they did not take, now I am being sued for 15K, though my insurance company says that most likely it will probably go past that. My coverages back then were 15/30K Liability. Presently its much higher.

History:

Driving to work east bound on October 1, 2007. It was around 8:15 am, sun was in my eyes, peeking in between the rearview mirror and the roof. I had my visor down. Glare was reflecting off the dash and all in all could barely see. There was a SUV in front (chevy I believe) that went through the intersection before I did. The intersection has 2 dips for surface water drainage. One has to slow down to go past that (my 2000 ford focus has soft suspension due to the age/miles).

I was going about 15-20 mph (limit 25) - i regularly used to go through this intersection at this speed but I think that day I was going around 15 or slower. No stop signs on my side (east/west), stop signs are on the north/south. Plaintiff is crossing with her daughter in hand. I see her only when she is RIGHT in front of me and by then it was too late to stop. I hit the brakes and stopped but I do not know if I hit her first or she got hit. left shoe came off at the accident and was located between the bumper and the front wheel. Unfortunately i forgot I had a camera on my cellphone, and the shoe was removed before taking any pics.

After the accident, plaintiff made it a point to let every passing car know that I hit her. She was standing carrying her child while making the statements. I had her sit down. I had called 911 on her behalf. Insurance Co gave me 70% at fault.


How we're going to beat this (will include an attorney any case).

First off - I was thinking of getting the annalemma for that day. That will give me the precise height of the sun at the time of the accident. It will also give me the angle its located at.
Second: I will also calculate the height of the tree that blocked the sun (which allowed me to see when i came into its shadow and hence I braked) - using triangulation.
Third: Calculate the shadow cast by the tree for the given sun height (hypotenuse)
Fourth: Distance of the intersection (between pseudo crosswalks) and the dips in feet.
Fifth: Overlay the distance of the shadow onto the crosswalks to find where I actually saw her.
Sixth: Since I hit her when she was right in front of me. Calculate the time required to get from the curb to the center of a residential street - one lane each way. I also know the standard reaction time of an individual (scientific data) and I can calculate the time required to stop for a given speed (both with and without reaction time).
Seventh: Prove that she was negligent in crossing the street under the given conditions.
Eighth: Quote CVC code that says that in effect that as a pedestrian you have right of way but you got to make sure that its clear and any approaching vehicles in an unmarked and uncontrolled intersection have noticed you before you enter in a crosswalk. Since I know a car went through the intersection before I did, I can prove she was negligent and endangered herself and her child by entering an intersection with a child in tow.

Other Plans:

I plan to check on her public records to see if she has any child endangerment or any other legal issue in the US to dock her on her negligence clause. Need a good background search website. I would use www.atxp.com, but I do not want to abuse my work privileges and access abilities for a personal gain. [L=Choice Point ATXP Background search]http://www.atxp.com[/L]

Why am I doing this.

1. To utilize my scientific abilities and crime fighting abilities + I love research.
2. To prevent someone from taking it as a cash cow.
3. For all humanity!
4. and finally because its hella f%$king cool to beat someone into submission with scientific data. I know I am guilty for hitting her, that I admit, since I did hit her and that's a fact. I am just trying to show that I wouldtn have hit her if she hadnt walked into the intersection to begin with.

I also know the pain involved in a pedestrian vs. vehicle accident since my left leg got hit by a car when riding my motorcycle. I didn't get badly hit but I am still dealing with the insurance company on the other side. They are being hella slow, so i got to speed it up with them. I got hit by an 87 yr old who took a left without giving right of way to a motorcycle - I was NOT in an controlled intersection.

PS: Does anybody know a good attorney in Los Angeles area.


Cliffs:

* Accident on October 1st.
* Got sued for 15K, might go higher, need quality defense.
* Plans on defense, see if anything is out of ordinary
* I need a lawyer!

Sorry to hear about your legal issues

But wow, that's a lot of detailed analysis. Are you sure you are permitted to discuss this publicly, given that your case in now before the court?

im more active here.. you can read it here:

http://forums.anandtech.com/messageview.aspx?catid=38&threadid=2201079

I am going by CVC code: 21950 - which puts the pedestrian partially to blame because she should have given due care before entering an intersection (especially with a child)

http://www.dmv.ca.gov/pubs/vctop/d11/vc21950.htm

sucks that you're getting sued...

but in all honesty, that crap wont fly.  ALL pedestrians have the right of way...  unless they illegally cross a street (jaywalking).

If she was in a crosswalk, you're out of luck.

If your insurance company found that you were 70% at fault that means 30% of the fault lies in her negligence.  She IS responsible for 30% of costs incurred by the incident.  You very likely will not completely beat this, but you can make it miserable for her to deal with.  Contact your local child services agency, there is a clear amount of negligence implied in her not taking extra care with a child entrusted to her care (if she was carrying the child it was not old enough to make decisions for itself safely).  Contact the EMT's that responded.  Did she refuse treatment from them? How was her general demeanor? These are all things a competent attorney will cover.  In my personal experience, the best defense in a case like this is to prove the other party's attempt to defraud your insurance company.  The real possibility of a felony charge makes  a lot of people become very honest and forgiving all of a sudden.  Just make sure you get a decent attorney, your insurance company has to foot the bill anyway.

Quote from: spcterry on June 25, 2008, 09:41:39 PM
If your insurance company found that you were 70% at fault that means 30% of the fault lies in her negligence.  She IS responsible for 30% of costs incurred by the incident.  You very likely will not completely beat this, but you can make it miserable for her to deal with.  Contact your local child services agency, there is a clear amount of negligence implied in her not taking extra care with a child entrusted to her care (if she was carrying the child it was not old enough to make decisions for itself safely).  Contact the EMT's that responded.  Did she refuse treatment from them? How was her general demeanor? These are all things a competent attorney will cover.  In my personal experience, the best defense in a case like this is to prove the other party's attempt to defraud your insurance company.  The real possibility of a felony charge makes  a lot of people become very honest and forgiving all of a sudden.  Just make sure you get a decent attorney, your insurance company has to foot the bill anyway.

Hehe you are on the same page. I am checking to see if she has any prior records, and her husband too. Its public records if you got arrested for something. But yeah that portion about the child endangerment is HUGE if she has something prior.

The EMT's that responded talked to her, infact she got herself into the ambulance by herself. On top right after I hit her she was shouting at passing cars saying "he hit me" while carrying her child.. so yeah.. her general demeanor isnt all that productive for her.

I am trying to find a competent attorney. I know attorney's can come in all forms and sizes. I work in the scientific field, i know how our attorneys work. Trust me if I left the attorney to do the background work, it will never get done. I am a perfectionist, i'll do majority of the work.

You know too bad I cant use my ATXP choicepoint access from work for personal use.. otherwise.. GOLDMINE!

could you use that checkpoint thing from work as a test? lol ie, to make sure everything is working properly?

A quick Lexis-Nexis search yeilds all sorts of fun information.  From major purchases, vehicle registration, marriages and divorces, military service times, all known residences, and all legal action they have been involved in.

What the f%$k is she suing FOR ? She walked in front of a car, got hit. Sorry, case dismissed.

$15,000 f%$king dollars, for walking in front of a car ?

I hit a guy, he sued my insurance for $30,000, and the idiot insurance company paid. I was pissed. HE STEPPED IN FRONT OF MY MOVING VEHICLE, AT 5:30AM. NO WAY TO SEE HIM OR STOP. IDIOT !


Notice, you had exactly $15,000 coverage, and that's exactly what she sued for. She's a stupid Buddha Loves You that put her childs life at risk.

None of this matters, it's all depending on which slime ball bastard lawyer she hires to rake you over the coals. Sell all your play things, (yes, i mean the bike too) to a family member. She's playing f%$k-you-ball , you gotta play it right back.

Keep us posted.

Well the insurance company decided to take her offer and pay it as long as they (the plaintiff) abides by the rules that there will be no further claims in the future from her, the child or her husband.

excellent, but yeah i have one other name on my titles, mine.. the words and another trusted name