My son got hit by a car can i sue the driver and the city?

If your son was sufficiently injured to require medical treatment, you can consider suing. If not, it probably is not worthwhile to consider a lawsuit. Damages are an essential element of a cause of action. Even if a defendant was negligent, if you do not have sufficient damages it probably is not worth pursuing a lawsuit. If you do pursue a suit, you likely will be suing the driver, not his insurance company. The driver is the potentially responsible party, not his insurer. The insurer merely has a contractual agreement with the driver to provide a defense and indemnity in the event a claim is filed against him. It is possible that there is also a cause of action against the city for negligent crosswalk design. Governmental entities are potentially liable for poorly designed or maintained roadway which contributed to or exacerbated the accident. Road design cases are difficult because governmental entities enjoy immunity from liability for various types of decisions related to the design of roadways. Navigating around such immunities can present a challenge and may require plaintiff to prove that the governmental entity never actually evaluated the feature of the roadway that plaintiff contends caused the accident. Even when the governmental entity has fully evaluated the safety issue involved in the case, if conditions have changed substantially since the roadway was designed (e.g., the amount of traffic or the speed of the traffic has increased significantly), this may allow plaintiff to overcome governmental immunity. You should consult a personal injury attorney to discuss these issues.

You need to consult with an attorney like me as soon as possible. My law firm handles Pedestrian car accident cases all over the state of California. You can read about these cases at http://www.thepersonalinjury.com . Our office gives free consultations over the phone 24 hours a day at 800-816-1529 x. 1.