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Originally Posted by dumbo22

well do u think i could get compensation and would it go directly threw her or her insurnace

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Depends on where you live. If they recognize shared blame in your area the fact you were drunk and sitting on her car may or may not preclude you from getting anything. In some areas you wouldn't get anything. In some others you might. If you pay for a lawyer and lose you would end up with less money than you had in the beginning.

If you really need an accurate answer you would need to talk with a lawyer that practices in your area, he would know what the local laws are. They do vary and what applies in one city and state may not apply in your city and state. Many will give a free initial consultation.

dumbo22
I have read all the posts added and let me tell you it was getting out of hand.
I would like to add that this matter is in Alberta, Canada. The laws are more enforced then people are led to believe. I do have a few questions to ask you?
How many people where in the car when this happened?
Do they all have the same story?
Do you have any witnesses out side of the car that would cooperate with your testimony?
What time of day was it?
And how can you prove that she went 15 km within 3 feet?
Was she your designated driver for that evening?
You need to post more information on this matter to get better advise.
I on one hand see in your favour for reckless driving. If she did not won't you on the hood she should have asked you to get off the hood. Not drive off and cause bodily harm to others. If I was you I would contact the RCMP in person and ask to speak to a constable about bodily harm. You could go this direction. You can also look into legal aide. From the sounds of your money problems you very much fit the criteria for legal aide.
You can call a lawyer in your area and ask if you have grounds for a law suit. It may or may not cost you a cent.
Keep in mind that the longer you wait the harder it will help in your favour.
This is only advise. I am not a lawyer.

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Originally Posted by dumbo22

damges that i have is broken wrist with surgey 6 weeks off no pay..3-4 months heal time with light dutties my work has no light duties so i probably lose my job

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Damages- I.E. Medical expenses like medication, Lose of wages from being off work, There is more but this is what I think people are trying to tell you.

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Originally Posted by Scottish2008

dumbo22
I have read all the posts added and let me tell you it was getting out of hand.
I would like to add that this matter is in Alberta, Canada. The laws are more enforced then people are led to believe. I do have a few questions to ask you?
How many people where in the car when this happened?
Do they all have the same story?
Do you have any witnesses out side of the car that would cooperate with your testimony?
What time of day was it?
And how can you prove that she went 15 km within 3 feet?
Was she your designated driver for that evening?
You need to post more information on this matter to get better advise.
I on one hand see in your favour for reckless driving. If she did not wont you on the hood she should of asked you to get off the hood. Not drive off and cause bodily harm to others. If I was you I would contact the RCMP in person and ask to speak to a constable about bodily harm. You could go this direction. You can also look into legal aide. From the sounds of your money problems you very much fit the criteria for legal aide.
You can call a lawyer in your area and ask if you have grounds for a law suit. It may or may not cost you a cent.
Keep in mind that the longer you wait the harder it will help in your favour.
This is only advise. I am not a lawyer.

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Your questions have very little to do with assessing fault for this accident - this person is technically a pedestrian, not another driver. And, yes, there are grounds for a lawsuit - at least in NY and, from what I understand, in Canada.

Do you think the RCMP is going to get involved in this now - or ever? The investigate crimes (which this possibly was - reckless driving); they do not investigate injury claims.

Legal aid does not handle personal injury.

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Originally Posted by JudyKayTee

Your questions have very little to do with assessing fault for this accident - this person is technically a pedestrian, not another driver. And, yes, there are grounds for a lawsuit - at least in NY and, from what I understand, in Canada.

Do you think the RCMP is going to get involved in this now - or ever? The investigate crimes (which this possibly was - reckless driving); they do not investigate injury claims.

Legal aid does not handle personal injury.

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I have worked with the RCMP and I am on the east part of Canada. Yes the RCMP can do something for the fact that a pedestrian got injured from a vehicle in motion. The police can investigate this matter. Look I am not here to argue I just added advise.
I assure you that from the sounds of what was stated the driver is at fault.
If you see different please tell my why?

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Originally Posted by Scottish2008

I have worked with the RCMP and I am on the east part of Canada. Yes the RCMP can do something for the fact that a pedestrian got injured from a vehicle in motion. The police can investigate this matter. Look I am not here to argue I just added advise.
I assure you that from the sounds of what was stated the driver is at fault.
If you see different please tell my why?

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The "Pedestrian" was not walking when struck, and had in fact mounted the car on his own free will.

Being a pedestrian does not automatically make you right and the driver of a car wrong. Drivers that hit pedestrians that illegally cross the street mid block and NOT in a Cross walk for instance are very rarely ever found at fault for the accident for example. And Even when in a cross walk if they did not have a walk signal when crossing.

That being said there was a huge lapse in judgment buy the individual by not jumping off the car immediately when it started to move (the driver depending on the circumstances may have had one as well unless they felt threatened). In many jurisdictions that will be a large factor in any case brought in front aof a judge and jury.

Let me point out that this question was posted over 4 months ago

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Originally Posted by Scottish2008

I have worked with the RCMP and I am on the east part of Canada. Yes the RCMP can do something for the fact that a pedestrian got injured from a vehicle in motion. The police can investigate this matter. Look I am not here to argue I just added advise.
I assure you that from the sounds of what was stated the driver is at fault.
If you see different please tell my why?

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Also not here to argue - disagreeing with your conclusions doesn't mean I'm arguing with you, just stating my opinion - which I believe I said is true in NYS, possibly in Canada.

This is a September 2007 accident - the RCMPs are not going to get any more involved now than they were then and they are not the final word in accident investigations. They are after the fact witnesses, just like anyone else who pulls onto the scene following the accident and didn't actually see it. It is possible that the RCMPs you work with are more cooperative about civil lawsuits than those I have worked with.

And, yes, I have worked in Canada -

Your questions such as how many people were in the car, the distance the driver her speed, who the designated driver was (?) (it doesn't matter - he was on the hood), whether the driver was acting recklessly, are immaterial to this type of accident investigation unless the driver is alleging this is not how the accident happened and that he either fell off for no reason without her behind the wheel OR he was a pedestrian and she ran him over.

If someone is on the hood of your car you cannot dislodge him - by starting and stopping, by driving away, by any means, at any time, at any speed. And if you don't realize the person is on your car - front, back, side - you are negligent for not noticing. The driver had an even higher standard of care if she realized he had been drinking - or was intoxicated.

Every year I do at least 3 of these accidents - most of them people who jump into the beds of pickup trucks - and "kids" never seem to learn it is not a good idea. I also worked one fatality last year, almost the same scenario.

And legal aid does not represent people for personal injury.

Again - I cannot specifically address Canada but these are the rules "here" and I would think they are pretty universal. If you have contradictory info, I am always open to hearing it.

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Originally Posted by smoothy

The "Pedestrian" was not walking when struck, and had in fact mounted the car on his own free will.

Being a pedestrian does not automatically make you right and the driver of a car wrong. Drivers that hit pedestrians that illegally cross the street mid block and NOT in a Cross walk for instance are very rarely ever found at fault for the accident for example. And Even when in a cross walk if they did not have a walk signal when crossing.

That being said there was a huge lapse in judgment buy the individual by not jumping off the car immediately when it started to move (the driver depending on the circumstances may have had one as well unless they felt threatened). In many jurisdictions that will be a large factor in any case brought in front aof a judge and jury.

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Maybe in Virginia - and I do a lot of pedestrian accidents. Drivers are not allowed to run pedestrians over whether they are in the crosswalk or not -

Perhaps in Virginia a person sitting on your hood becomes a threat and you are allowed to knock them off, but not in NYS.

I investigate well over a thousand accidents a year and do not agree with your conclusions but that's what makes the World go 'round.

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Originally Posted by ScottGem

Let me point out that this question was posted over 4 months ago

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WHOOOPS - !

He is asking if he has a case and can he sue.
To answer this question Yes you have a case. The car is considered a weapon.
To answer Can you sue. Yes you can. Get a lawyer but it will cost you.
That's all I would like to add. This person is asking for advise. I would like to add that if you do not know about the laws in Canada please stop. If you read all the information that dumbo22 added. You would notice that he has a case. Yes he was drinking that night and was sitting on top of a hood of a car. As a prank/joke or what ever you won't to call it the driver has no right to due harm to others ( assault- Charges can be laid) She was not threatened in anyway. She should have told dumbo22 to get off the car but she didn't.
This can be proven due to the two girls in the car where laughing at him after it happened. That's to the point and straight forward.

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Originally Posted by JudyKayTee

Maybe in Virginia - and I do a lot of pedestrian accidents. Drivers are not allowed to run pedestrians over whether they are in the crosswalk or not -

Perhaps in Virginia a person sitting on your hood becomes a threat and you are allowed to knock them off, but not in NYS.

I investigate well over a thousand accidents a year and do not agree with your conclusions but that's what makes the World go 'round.

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It's that way in, MD, PA and DC as well as VA.

Pedestrians have the same responsibility to follow traffic laws as drivers do. And the same applies to bicycle riders.

And that means crossing at designated crosswalks and respecting walk and don't walk signals as well as red and green lights where and when they apply.

When you get somebody that thinks traffic laws don't apply to them the result can be a fatality. And that's pedestrian, Bicycle rider or driver alike.