California Pedestrian Accident Attorney - Discovery; Request For Admissions

EXAMPLE OF REQUEST FOR ADMISSIONS
The following is one example of a request for admissions in a pedestrian accident. These questions would be appropriate in a collision wherein the Plaintiff was crossing a street and the Defendant struck the Plaintiff in a crosswalk.
1. At the time of the ACCIDENT, you were driving a motor vehicle.

2. At the time of the ACCIDENT, Plaintiff's was crossing the street in a crosswalk.

3. At the time of the ACCIDENT, Plaintiff's was walking at a normal speed.

4. Plaintiff had the right of way.

5. At the time of the ACCIDENT, the front of your motor vehicle impacted Plaintiff.

6. There were no obstructions to your view of Plaintiff just prior to the ACCIDENT .

7. There were no mechanical malfunctions or defects in your vehicle, which caused or contributed to the cause of the ACCIDENT.

8. Lighting conditions that existed at the time of the ACCIDENT did not contribute to causing the accident.

9. It was not raining at the time of the ACCIDENT .

10. The roadway surface was not wet at the time of the ACCIDENT .

11. As a result of the ACCIDENT, Plaintiff was thrown to the pavement.

12. You caused the ACCIDENT .

13. At the time of the ACCIDENT, you owed a duty of care to Plaintiff.

14. At the time of the ACCIDENT, you breached the duty of care you owed to Plaintiff.

15. You are liable to Plaintiff for any injury Plaintiff may have suffered resulting from the ACCIDENT, subject to determination at trial by the trier of fact of what injury, if any, Plaintiff received as a result of the ACCIDENT, and, the amount of damages, if any, to which Plaintiff is entitled as compensation for such injury.

16. You negligently operated your motor vehicle at the scene of the ACCIDENT

17. A PERSON of ordinary prudence in the same situation as you were immediately preceding the collision would have foreseen or anticipated that someone might have been injured by or as a result of their action or inaction.

18. Your action or inaction at the time of the ACCIDENT reasonably could have been avoided such that the ACCIDENT would not have occurred.

19. Your faculties were not impaired at the time of the ACCIDENT.

20. At the time of the ACCIDENT you violated the following statute: ______________

21. A violation of the following statute by you was a cause of injury to another: _______________.

22. Plaintiff was not contributory negligent at the time of the ACCIDENT.

23. Defendant's conduct was a substantial factor in bringing about the ACCIDENT.

24. (Your acts and omissions excluded) no other PERSON acted negligently at the scene of the ACCIDENT.

25. (Your acts and omissions excluded) the negligent conduct of no other PERSON was the immediate cause of the ACCIDENT.

26. The conduct of the Plaintiff immediately preceding the accident was reasonably foreseeable by a reasonably prudent PERSON.

27. Immediately preceding the ACCIDENT Defendant driver was not exercising ordinary care at to avoid placing others in danger.

28. Immediately preceding the ACCIDENT Defendant driver was driving a vehicle upon a highway at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and the surface and width of, the highway.

29. The speed limit on the road upon which Defendant driver was driving immediately preceding the ACCIDENT was ____________ miles per hour.

30. The speed at which the Defendant driver was driving immediately preceding the ACCIDENT was in excess of ____________ miles per hour.

31. At the time of the ACCIDENT Defendant was operating the Defendant's vehicle at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and the surface and width of, the highway.

32. At the time of the ACCIDENT, Plaintiff was driving a motor vehicle at a speed that was reasonable and prudent having due regard for weather, visibility, the traffic on, and the surface and width of, the highway