Legal Question in Personal Injury in California

A drowsy driver hit my brother while walking down along the curb yesterday.

After hearing the explanatory from the driver that he has a sleeping disorder, we quickly asked the company involved for his employment. It was later found out that the doctor whose giving him the pass permission that he's fit to work was pleaded by the driver that he need that job so badly. In the end, the doctor felt pity for him and applied a recommendation letter for the company.

We wanted to file a lawsuit against the driver and the company, but whose fault really was it in the first place ?

Thanks for answering; and yes, my brother sustained a severe injuries and needs to be hospitalized. We haven't claim any damages / afford an attorney yet and still using our own money to pay for my brother's hospital fees.

Asked on 8/23/14, 1:03 pm

6 Answers from Attorneys

Michael Stone-Molloy The Lion's Law Office

You should speak to an attorney right away. It's not a question of affording it, because the up-front cost is zero. We charge fees as a percentage of the outcome; if the recovery is zero, then your fee is one-third of zero (i.e. nothing). That's why we say "NO RECOVERY, NO FEE." There is no hourly charge and the initial consultation is without obligation.

If your brother is seriously injured, he needs to lawyer up. The driver, and his employer, and possibly the doctor who wrote the permission are all potentially liable. For further information, call us today toll-free at (877) LION FOR LAW (546-6367). We will be glad to help.

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Answered on 8/23/14, 1:08 pm

You really need to retain an attorney who would immediately refer your brother for treatment with doctors on lien basis. Almost all personal injury attorneys will work with him on contingency basis. Your question was not clear who was the owner of the car, the employer or the driver and whether any of them (employer or driver) carry liability insurance. Feel free to call me at 213-388-7070 for free consultation.

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Answered on 8/23/14, 1:14 pm
Terry A. Nelson Nelson & Lawless

Only the driver and the registered owner of the vehicle are unquestionably liable. IF the defendant driver was driving on duty for work, then his company may also be liable and included in a lawsuit.

Your brother's concern now is to take prompt legal action by reporting the claim to his own insurance, and by hiring counsel to represent him in the personal injury action. That would include prompt notice to all involved defendants and insurance companies, as the starting point.

If serious about hiring counsel to help in this, feel free to contact me. Iíll be happy to help fight and get the best outcome possible. I've been doing these case for many years.

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Answered on 8/23/14, 1:43 pm
Edward Hoffman Law Offices of Edward A. Hoffman

The driver should be liable. If someone else is the registered owner of the car, the owner might be liable too. The employer would only be liable if the driver was acting in the course and scope of his duties at the time, and perhaps not even then. The doctor might also be liable.

Unless your brother is a minor, only he can bring a lawsuit for his injuries. You can't. If your brother's injuries are so severe that he can't manage his affairs, he will need a guardian or conservator. That person would then be able to sue in his name.

Good luck.

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Answered on 8/23/14, 1:49 pm
David Lupoff Law Offices of David B. Lupoff

This is a very serious situation. You can contact me on my cell phone at 818-943-0462 to discuss.

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Answered on 8/23/14, 2:13 pm
Timothy McCormick Libris Solutions - Dispute Resolution Services

The answers you have received are all correct. The driver is liable, the owner of the vehicle if different person from the driver would also be liable under California law. If the driver was driving as part of his job at the time, the employer is liable, and it sounds like the doctor is probably liable as well.

You have heard from plenty of So. Cal. lawyers, but you didn't list a zip code. If you need a lawyer in No. Cal., feel free to give me a call for a no-cost consultation and I do take cases with no attorneys fees owed until the case settles or you collect a judgment.

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Answered on 8/23/14, 2:18 pm

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