Can I sue a pedestrian for causing car accident?

Q: I was driving in the middle of the city before a concert and looking for a place to park, there was a woman flagging on the right side of the road, I went to pull into the lot behind her and she stepped out into the road pointing to a parking lot of the left side of the road, I in turned swerved back left to avoid hitting her and I hit another car. Both myself and the other car pulled into the lot, and exchanged info, she apologized and said she was sorry he even called her boss and said it was her fault and asked if we could park for free. He said no. My question is why was she flagging on the wrong side of the road and can I sue her or her company for causing this accident?

A: Yes, you can sue a pedestrian for causing a motor vehicle accident. Will it be worth it? A lot more facts would need to be known. First, there needs to be liability, fault on her part. Secondly, you need damages. I am hearing property damage here but not personal injury, lost work or other compensatory damages. If you suffered only property damage and you are insured, is your insurer not covering you? If your total damages are your deductible and say, rental car, while your car is being repaired, you may generate little interest in an attorney investing hundreds of dollars in costs and thousands of dollars of legal billable hours in this endeavor. You may want to file a civil action at the local District Justice. If you do sue, you may want to sue her employer as well. What is their liability? Would a judge find her to be exclusively liable for your property damage or would you be apportioned some fault (contributory or comparative negligence) for pulling into traffic without being clear to do so. I am just saying, I share your frustration but it may be a reach to hold her liable or not worth the investment. Why don’t you just submit the claim to your insurance company so they can assess potential liability.

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