mardi 22 août 2017

Traffic Accidents: Can I Sue the Other Party in Such Car Accident

My question involves an injury that occurred in the state of: California.

Hello all,

I live in California. My wife was involved a car accident and got a very serious brain injury in December of 2015. The situation is like this:

My wife was going to pick up my son at a preschool. There was a car at around 90 feet in front of her and tried to enter the campus in the middle lane. My wife was behind that car and made a U-turn trying to park at road side. The car in front probably blocked her view so she didn't see an incoming Ford SUV from the opposite direction. Therefore, that SUV hit my wife's car on the passenger's side and injured my wife seriously.

Based on the police's report, my wife was at fault since she made an illegal U-turn in the residential area. However, I did some calculations and found the other car was at 43 mile/hr in the school district with the speed limit of 25 mile/hr.

In this case, can I file the lawsuit on the other party? Even though my wife made an illegal U-turn, the other car was highly speeding. If I file a lawsuit, what is the possibility to get the partial responsibility of the other party for the accident? If there is a partial responsibility, what is the possible percentage, 50% (us) vs 50% (them)? In addition, what is the cost to file such a lawsuit?

Thank you in advance!

John


Traffic Accidents: Can I Sue the Other Party in Such Car Accident

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