Can a motorist get legal help against a pedestrian who did not follow traffic signals?
Question Details: My husband was driving on an interstate at around 6:00 a.m. All lights are green and he is doing the speed limit. A pedestrian on a bicycle enters a crosswalk where there is a crosswalk signal. The signal said, "Do not cross". My husband hit the lady because he did not see her. She just appeared in front of him on her bicycle before he could see her. There was a police report made and he was found at not to be at fault. I'm not sure if it makes any difference but the woman was a known crack addict that has put herself in this predicament before. The woman ended up seeking legal help. We are just finding out that our insurance settled. Is there any legal help available to us in this situation? I thought nothing of the situation because of the police stating that the accident was not his fault. This happened 2 years ago. We were never updated on the claim, so we assumed the insurance company did not payout. Now we are finding out they did and we are unable to obtain insurance even though it was not his fault.
In theory, you could sue her for any losses or costs you can prove that you incurred due to her negligence or carelessness (e.g. any damage to your car which paid for out of pocket; possibly higher insurance costs if you have to pay more for insurance) BUT if she is a crack addict who has "put herself in this predicament before," it's almost guaranteed that she has little or no money and that suing her will therefore be a waste of your time and money. Therefore, there may as a practical matter be nothign you can do.