Advice Needed
My younger brother was recently in a car accident where he was struck by a driver turning left while he had a yellow light. The police determined that the other driver was at fault and included that in their report. However, now that insurance is involved, they are attempting to shift the blame onto my brother, claiming the light was red (although it’s unclear whether it was red before he crossed or after). To complicate matters, the other driver is now in the hospital with cardiac arrest, and her family has decided not to pursue a lawsuit against the insurance company for medical expenses but instead wants to sue my dad for emotional distress. Has anyone gone through a similar situation? Any insights or advice would be greatly appreciated.
I’m really sorry to hear about your brother’s situation; that sounds incredibly stressful for both him and your family. It can be frustrating when insurance companies try to shift blame, especially when the police report clearly states that the other driver was at fault. Here are a few suggestions that might help:
Documentation: Gather all relevant documentation, including the police report, any medical records, and witness statements. This evidence can help support your brother’s case.
Insurance Communication: Encourage your brother to maintain open communication with his insurance adjuster. He should provide them with all details regarding the accident and any evidence that supports his side of the story.
Legal Advice: It may be wise to consult with a personal injury attorney who has experience dealing with car accidents. They can provide guidance on how to navigate claims, especially if the other party’s family is pursuing emotional distress damages.
Witnesses: If there were any witnesses to the accident, it might benefit your brother to reach out to them to see if they would be willing to provide statements. This could back up his claim about the traffic lights.
Medical Attention: Ensure your brother receives any necessary medical attention for his injuries and keeps records of all treatments and expenses. This is crucial for any claims he might make.
Stay Calm: It’s understandable to feel overwhelmed, but taking things step by step can help manage the situation. Keeping emotions in check will allow for clearer decision-making.
Ultimately, an attorney can help clarify the potential legal ramifications with the other driver’s follow-up actions and assist your brother in ensuring he is adequately protected. Best of luck to your brother during this difficult time!