Can a pedestrian sue me if she admitted faultto police to an accident?
At 7:00 this morning I was driving through my apartment parking lot when a lady stepped in front of my car and I didn't see her until it was too later. It was pretty dark at the time. When the police got there, she admitted that she did not see my car so she walked out. The police offer did not issue me a ticket either. Can she sue me for medical expenses if she admitted fault?
- BruceLv 71 month ago
She can sue you regardless of the circumstances. The question now becomes will she win? That depends on information you did not provide.
As a general rule, traffic laws apply to public roads, not parking lots. That fact you didn't get a ticket is irrelevant.
She said she didn't see you, that is not an admission of guilt. Ironically, you said you didn't see her either. Adding "until it was too late" doesn't make it any different than what she said.
Why you didn't see each other is what will determine who was at fault. Were you driving at a reasonable speed? Were your lights on? Did she dart out from a covered position? Was she (or you) distracted by a cell phone or something else?
- Nuff SedLv 71 month ago
For starters: her telling a police officer that she didn't see your car was not an admission of fault. Her being found "at fault" would be a legal conclusion based upon many other factors.
- lucyLv 71 month ago
It depends (if) your auto insurance determines (if) you are at fault, or the lady is.
Today, most people are (not) aware of their surroundings, due to many of them are on their phone, thus looking at it vs looking up to see around them. Or, could have been running late, thus in a hurry to get to where her car was parked to get to work.
7 am, dark, then should have had your headlights on. If in fact driving through the lot, vs backing out, where you would have a greater risk to verify no one behind you.
Facts in your favor is that she admitted fault to the police officer, thus they did not give you a ticket. Your auto insurance will review the police report (plus) get a statement from both of you on (how) the accident happened.
IF, your insurance deems you are liable, then not only will they pay her for her medical bills, then they would also pay her an injury settlement which includes pain and suffering. But if they deem she is responsible for her own injuries, then your insurance will deny her claim.
You did file a claim with your insurance? If not then do so asap.Source(s): retired auto adjuster
- FoofaLv 71 month ago
Keep the police report that includes her statements just in case at some future point she tries to.
- What do you think of the answers? You can sign in to give your opinion on the answer.
- 1 month ago
Yes. Whether she would win depends on many factors, not just the few words in your question.
- 1 month ago
She can sure try. Court will determine fault.
- NosehairLv 71 month ago
No, not necessarily. People in accidents frequently don't know or understand right-of-way laws. Admitting fault at the scene of an accident is only valid if it meets the criteria for culpability per right-of-way laws. Fault is determined by the specifics of how the accident occured regardless of what is claimed by people involved in the accident. Unfortunately in pedestrian vs vehicle accidents the vehicle driver is overwhelmingly determined to be at fault. Just report the accident to your insurance company.
- SfancikLv 61 month ago
I guess it depends on why she didn't see you. Was it because you didn't have your lights on? Did you come from somewhere she wouldn't expect? Was she blind? Should you have seen her?
Not really enough detail in the question to say one way or the other whether you have liability exposure, but short answer is yeah, she can sue you.
- regeruggedLv 71 month ago
If she was injured, yes. But she might not win given the circumstances.
- Jack HLv 71 month ago
Probably, yes, you were in charge of the car which hit her...