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jay
04-01-2008, 05:15 PM
I need a clarification for an accident that i was involved in. I was travelling on US-101N in california from San diego to San jose. the car infront of me stopped suddenly and i came to full stop with out hitting the front car. the guy back of me came and hit my car from back. due to that impact i went and hit the front car. My question is, is that my fault in hitting the front car or the back guys fault?

lowbumper
04-06-2008, 12:58 AM
I was on the jury for a personal injury lawsuit for an accident like this where everyone stopped for someone who stopped short, but a truck came in and hit the last car, starting a chain reaction. My memory is that it was judged to be all the fault and liability of the truck that came in behind.
leaving enuf space to be able to stop suddenly without hitting the vehicle in front of you -as you did- is the rule. If you were already stopped, then the fault should be clearly with the driver who pushed you into the next car.
***BUT****you have to be able to PROVE that you were already stopped and that the only reason you hit the car in front of you is that you were hit from behind. While your memory is fresh, make notes, photos, etc to support your claim and get any professional advice you can ASAP (consults are usually free). It's amazing what insurance company defense lawyers can come up with to twist this stuff (in the case i was involved in, four different drivers had to take the truck driver's insurance company to court, even tho the truck driver was clearly cited and blamed by the cops). So it's not just about being right- it's about proving it.

Gerald
07-27-2008, 12:36 AM
Gosh, this complicated. what's the final say? Can you update us? Curious to know.Thanks.

G
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