Got a call about 6 hours ago. My wife frantically screaming that she had struck someone and to come and help....
I get there and her m3 is a total....she is ok but the 17 yr old kid she struck was about to be life flighted with chaplain at his side. Turns out that as she was driving through the intersection with a green light at 50 mph, the 17 yr old decided to cross via bike running his red. the apillar is bent about a foot down the hood is peeled back and you could see the imprint of his head at the roof line. It hit so hard that the drivers side door would not close due to misallignment.
Luckily two cars that were immediately to the side and rear of her stopped and remained with her as witnesses to confirm her green and make sure things were ok.
By the end of the night, no citations were given as detectives confirm with skid marks and witness statements that my wife was not at fault.
My question is now obviously one of liability. Though no fault was found nor citation issued my concern now is a litigitous one. If the parents tried to sue us would it fall short because their child was at fault>? Unfortunately as I try to help my wife cope with this tragedy, I have to also worry about future repurcussions in a civil court. Words stated by the father on the scene in regards to our ownership of an m3 and an m5 lead me to believe that he will atttempt to file....Any insight would help.....
I get there and her m3 is a total....she is ok but the 17 yr old kid she struck was about to be life flighted with chaplain at his side. Turns out that as she was driving through the intersection with a green light at 50 mph, the 17 yr old decided to cross via bike running his red. the apillar is bent about a foot down the hood is peeled back and you could see the imprint of his head at the roof line. It hit so hard that the drivers side door would not close due to misallignment.
Luckily two cars that were immediately to the side and rear of her stopped and remained with her as witnesses to confirm her green and make sure things were ok.
By the end of the night, no citations were given as detectives confirm with skid marks and witness statements that my wife was not at fault.
My question is now obviously one of liability. Though no fault was found nor citation issued my concern now is a litigitous one. If the parents tried to sue us would it fall short because their child was at fault>? Unfortunately as I try to help my wife cope with this tragedy, I have to also worry about future repurcussions in a civil court. Words stated by the father on the scene in regards to our ownership of an m3 and an m5 lead me to believe that he will atttempt to file....Any insight would help.....