Legal Question in Civil Litigation in California
Sued for wrongful death
My brother was driving down the street after dark and a drunk man riding a bike, wearing all black with no lights on his bike or reflectors jetted across the street infront of him. Witnesses from the bar said the man was very drunk and a witness that saw the accident said the man jetted across the street and hopped the median the separates the 2 ways of traffic and no where near a crosswalk and when he came down my brother hit him. There was no time for my brother to react. The police on the sceen told my brother that he was a victim too and the accident was not his fault. The family of the man is now sueing for wrongful death. How can they do this and will they win? The man that was killed was the one who caused the accident.
2 Answers from Attorneys
Re: Sued for wrongful death
Of course the family can sue you. However, based upon the facts you had given, I do not believe that they would win. However, sometimes lawsuits such as yours do produce settlements or favorable judgements for the plaintiff. Thus, it is too difficult to predict whether or not the family will prevail.
Re: Sued for wrongful death
Can they do it? They just did, didn't they?
Can they win? The facts and evidence will determine that. The police report will help you.
Turn the claim over to the insurance company, that's what they get paid for.
If you don't have insurance, you have to pay your own legal defense costs and any judgment if one is obtained by the plaintiffs. If that is the case, feel free to contact me if this case is in SoCal courts.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
