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So I finally know how much I am getting sued for.... help me gather 'evidence' to refute her claim.

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in your first post you say there is a cross walk, later in the thread you say there wasn't.

and which side was she crossing from, south to north or north to south?
 
so your position is that she stepped in front of you while you were in the intersection, at an intersection with no cross walk (doesn't appear to be one on teh google)
 
By law, you need to stop for anyone in a crosswalk. If you were driving as slow as you are saying, the thought that she was endangering the child by crossing the street in a crosswalk is ludicrous.
 
speaking of hitting a pedestrian with your car, what ever happened to that dude who made out with his cousin? what was his name, luvya?
 
The sun was on your left side and she was crossing from right to left? I don't know man...it seems like a fairly big street to cross. Get some sunglasses next time (polarized) - the difference is amazing.
 
Originally posted by: ElFenix
speaking of hitting a pedestrian with your car, what ever happened to that dude who made out with his cousin? what was his name, luvya?
Click to expand...

Was that the guy who ran over some old lady in the middle of the night?
 
I am an attorney but not licensed in CA so the only advice I can give you is: Please don't use "hella" in court. That is all.
 
Originally posted by: RKS
I am an attorney but not licensed in CA so the only advice I can give you is: Please don't use "hella" in court. That is all.
Click to expand...

:laugh:

Cheers RKS! :beer:
 
So you are heading east on Valerio, and she is on the Southeast corner of the intersection, and is crossing the intersection to get to the NE corner? So you slowed down, crossed the intersection, and hit her on the east side of the intersection? Seriously, you must have been blind to slow down, get across the intersection, and hit her on the other side. Why were you even driving?

Also:
Originally posted by: TheGoodGuy
Second.. you can bring all your opinions.. I know I am guilty on hitting her. But the point is that should she have got into the crosswalk knowing that she has her child and knowing that there was a car approaching.
Click to expand...

Do you know what the right of way is? Pedestrians have it in almost ALL cases, it's YOUR job to slow down for them, not for them to wait when a "car is approaching".
 
A bit off topic, but what if a pedestrian were to run in front of your car on purpose to get some cash? Not saying this is the case with OP, but I'm curious to know what would happen in court.
 
From the Kahleeforneeya DMV Handbook:

http://www.dmv.ca.gov/pubs/hdbk/pgs16thru17.htm

"Respect the right-of-way of pedestrians. Always stop for any pedestrian crossing at corners or other crosswalks and at corners with or without traffic lights, whether or not the crosswalks are marked by painted lines. "

"A crosswalk is that part of the pavement where the sidewalk lines would extend across the street and it is set aside for pedestrian traffic. Every intersection has a pedestrian crosswalk whether or not there are painted lines on the street. Most crosswalks are at corners but they can also be in the middle of the block. Before turning a corner, watch for people about to cross the street. Pedestrians have the right of way in crosswalks, even if the crosswalk is in the middle of the block.

Crosswalks are often marked with white lines. Yellow crosswalk lines may be painted at school crossings. Most often, crosswalks in residential areas are not marked.

Some crosswalks have flashing lights to warn you that pedestrians may be crossing. Look for pedestrians and be prepared to stop, whether or not the lights are flashing.

 
I kinda wonder how he was supposed to react?

I mean he's going down the street, gets blinded by sun starts to slow down and hits her?
 
Originally posted by: Praxis1452
I kinda wonder how he was supposed to react?

I mean he's going down the street, gets blinded by sun starts to slow down and hits her?
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Pull over until the sun sets, obviously.
 
Originally posted by: BoomerD
From the Kahleeforneeya DMV Handbook:

http://www.dmv.ca.gov/pubs/hdbk/pgs16thru17.htm

"Respect the right-of-way of pedestrians. Always stop for any pedestrian crossing at corners or other crosswalks and at corners with or without traffic lights, whether or not the crosswalks are marked by painted lines. "

"A crosswalk is that part of the pavement where the sidewalk lines would extend across the street and it is set aside for pedestrian traffic. Every intersection has a pedestrian crosswalk whether or not there are painted lines on the street. Most crosswalks are at corners but they can also be in the middle of the block. Before turning a corner, watch for people about to cross the street. Pedestrians have the right of way in crosswalks, even if the crosswalk is in the middle of the block.

Crosswalks are often marked with white lines. Yellow crosswalk lines may be painted at school crossings. Most often, crosswalks in residential areas are not marked.

Some crosswalks have flashing lights to warn you that pedestrians may be crossing. Look for pedestrians and be prepared to stop, whether or not the lights are flashing.
Click to expand...

I take your DMV manual and raise it with CVC code:

CVC Code 21950 (b) - Yes (d) does say it does not relieve a driver of a vehicle from the duty of exercising due care for safety of any pedestrian, however it does not say if the weather conditions is a clause, if i didnt see her in the first place, i cant do due care., therefore it is the responsiblity of the pedestrian to make sure of a car has seen her before stepping off the curb.



 
Originally posted by: TheGoodGuy
Originally posted by: BoomerD
From the Kahleeforneeya DMV Handbook:

http://www.dmv.ca.gov/pubs/hdbk/pgs16thru17.htm

"Respect the right-of-way of pedestrians. Always stop for any pedestrian crossing at corners or other crosswalks and at corners with or without traffic lights, whether or not the crosswalks are marked by painted lines. "

"A crosswalk is that part of the pavement where the sidewalk lines would extend across the street and it is set aside for pedestrian traffic. Every intersection has a pedestrian crosswalk whether or not there are painted lines on the street. Most crosswalks are at corners but they can also be in the middle of the block. Before turning a corner, watch for people about to cross the street. Pedestrians have the right of way in crosswalks, even if the crosswalk is in the middle of the block.

Crosswalks are often marked with white lines. Yellow crosswalk lines may be painted at school crossings. Most often, crosswalks in residential areas are not marked.

Some crosswalks have flashing lights to warn you that pedestrians may be crossing. Look for pedestrians and be prepared to stop, whether or not the lights are flashing.
Click to expand...

I take your DMV manual and raise it with CVC code:

CVC Code 21950 (b) - Yes (d) does say it does not relieve a driver of a vehicle from the duty of exercising due care for safety of any pedestrian, however it does not say if the weather conditions is a clause, if i didnt see her in the first place, i cant do due care., therefore it is the responsiblity of the pedestrian to make sure of a car has seen her before stepping off the curb.
Click to expand...

You forgot:

(c) The driver of a vehicle approaching a pedestrian within any marked or unmarked crosswalk shall exercise all due care and shall reduce the speed of the vehicle or take any other action relating to the operation of the vehicle as necessary to safeguard the safety of the pedestrian.

If weather was a condition then you should have stopped driving. You're lucky you didn't kill someone. Would that be your excuse if you ran a stop sign or red light, blinded by the sun?
 
Is that law or just your statement? How is the pedestrian supposed to know you are blinded? You're really reaching here.
 
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