Car vs. Pedestrian Incident: Seeking Community Input
Hi everyone,
I’m reaching out for some advice regarding a recent incident involving my mother. A few days ago, while she was driving in Queens, NYC at a speed of about 18 mph, a pedestrian unexpectedly backed into traffic and collided with her vehicle. Thankfully, my mother’s car sustained no damage and she was not injured. The pedestrian was taken to the hospital by ambulance.
The NYPD arrived and filed a report, which included a statement from the pedestrian. They mentioned that she had pulled over to a body shop, where she reportedly opened the hood and was startled by a splash of water, causing her to jump backward into traffic. While I understand that the police report doesn’t determine fault but only criminal liability, it can serve as a reference in situations like these. Unfortunately, my mother did not have a dash cam (a lesson learned), but I’ve heard there may be security camera footage of the incident.
One concern is the significant step the pedestrian took by hiring an “ambulance chaser” right after the accident. I’m worried about potential repercussions for my family since my mother has both her car and her house to protect.
Also, I should note that my mother is employed by the USPS and was on the clock during the incident. She only drives her car to a central location on her route before walking to deliver the mail. I was informed that State Farm would likely deny any claim due to her being on duty and that the pedestrian is encouraged to file a tort claim against the USPS.
Considering the USPS is not particularly transparent with its employees or customers, I have little confidence in how this situation will be managed, especially because my mother was working at the time.
Any advice or insights would be greatly appreciated. Thank you!
I’m sorry to hear about the situation your mother is dealing with. It can be really stressful, especially when it involves an accident and potential legal claims.
First, it sounds like your mother wasn’t at fault if the pedestrian backed into the street without looking. Depending on the details of the incident and the evidence available (like the mentioned security camera footage), there may be a strong case to argue that the pedestrian is partially or fully responsible for the accident.
Regarding the insurance claim, it’s not uncommon for insurance companies to deny claims when the driver is on the clock for work, especially if the vehicle isn’t exclusively personal. However, since your mother is a USPS employee, the situation may be more complex since her employer may have liability in this case.
Your mother should ensure she keeps records of everything related to the incident: the police report, any communication with her insurance company, and anything related to the USPS’s response. It might also be worth consulting with a lawyer who specializes in automobile accidents or workers’ compensation claims to better understand her rights and the potential implications for her family.
It’s good to hear that your mother wasn’t injured and that there was no damage to her car, but these situations can still have lasting impacts. Staying proactive and informed will be crucial as the process unfolds. Best of luck to your family during this stressful time!