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Accident Fault


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#1 Justcause99

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Posted 25 January 2013 - 04:20 PM

Two weeks ago. I took the bus over to the Noda area here in Charlotte NC. When I got off the bus. I realized I got off the wrong stop. So I had to walk on the curve really no side walks. While I need to get off the main street. I turned onto the next street. I walked up some and I thought to myself where I was going was right across the straight. So I looked both ways there were no cars , and I started to cross. As I walking I was struck by a car. There was no witnessing. The police was called by someone who saw me on the ground. The driver did stop ,but he could not help me because he could not walk. He had Polio. The police said I didn't yield the right way, so it was my fault . How could there be, when I saw no cars coming. I was hit because I had on a dark sweater. No witnesses. The insurance has denied me do I have a case.

#2 pg1067

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Posted 28 January 2013 - 08:26 AM

When I got off the bus. I realized I got off the wrong stop. So I had to walk on the curve really no side walks.


I don't follow this (although I'm not sure it's relevant). How did your realization that you got off at the wrong stop result in a compulsion "to walk on the curve really no side walks" (and what exactly does that quoted part mean)?


So I looked both ways there were no cars , and I started to cross. As I walking I was struck by a car. . . . The police said I didn't yield the right way, so it was my fault . How could there be, when I saw no cars coming.


I suggest you re-read what you wrote here. You said, "there were no cars." However, the fact that you were "struck by a car" tells me that your statement that "there were no cars" is wrong. You may have seen "no cars coming," but perhaps you missed something. There are a number of possible conclusions here. First, you may not have looked carefully. Second, maybe you looked carefully but took so long to cross the street that the conditions changed. Third, maybe the car was driving at a super fast rate of speed. I'm sure other possibilities exist, and it's obviously impossible for us to know which was the case. Frankly, I find it telling that your post doesn't offer any sort of explanation for what happened (other than your statement that you were hit because of the color of your sweater, which makes no sense). Given the police officer's conclusion, I have to assume that the other driver told the officer that he was not driving above the speed limit.


do I have a case.


A case of what? If you're asking whether you have any sort of appreciable chance of prevailing in a lawsuit against the driver, I have no idea for the reasons mentioned above.




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