Help me how to file lawsuit after accident

bluehcc · 09-06-2005, 01:17 AM

I was driving around 55mph on the Northern State Parkway east bound. A Lincoln owner was driving in front of me in the same left lane. This 53 years old Lincoln ***** (along with 4 other old old people in the car) suddenly applied brake and I see the smoke of tire coming from Lincoln. I noticed that this ***** is trying to make a left turn to the grass after she passed the U turn path ( U turn that was designed for emergency vehicle ONLY!!) I applied the brake as hard as i can, but the accident was unavoidable. My car got smash into Lincoln's rear left. at 40-45mph. Those *****es all went to hospitable for a check up. I ran out of car, afraid that the car might explode. My Infiniti is ****ed up. A bad bad Labor day weekend. My question to you everyone is how to file lawsuit against this ***** for reckless driving??? my insurance co. told me that we are rear end hit, so it our fault. But you can always basic on this fact that it always rear end hit's fault. What if someone in front of you purposely and planned to create an accident, so is that still the rear end's fault?? Come guys and girls, help this out for me.. I even went to the accident site took the pix of the tire mark on the high way ( proof that this ***** applied brake so hard in the high way to make a left turn)) I will really appreicate if some one can help me out with this...

shizzle · 09-06-2005, 01:25 AM

Contact a lawyer. Call 1-800-ask-gary

xBrady · 09-06-2005, 01:26 AM

Quote: Originally Posted by bluehcc

What if someone in front of you purposely and planned to create an accident, so is that still the rear end's fault??

Yep, still your fault. Following to closely.

Sorry to hear about the accident though, that sucks.

frodobaggins · 09-06-2005, 01:27 AM

You were following too close.

KyleYankan · 09-06-2005, 01:47 AM

Yeah, you were indeed following too close. The only thing I would push for is getting insurance money.

lgbr · 09-06-2005, 01:54 AM

Judges really like to get these cases, they're easy. If you rear end someone it is ALWAYS 100% your fault. Even if the guy has massive wheels, brembo brakes, and defective tail lights and braked hard because he's drunk, it's still 100% your fault.

You always have to keep enough distance to be able to stop for the person in front of you, no matter what. There is no reality to this, unfortunately, if everyone obeyed this it would take longer to get places.

Also, please learn to use a keyboard.

Bugbyte · 09-06-2005, 02:00 AM

Yep, you've got little hope of winning. Remember the "1 car length per 10 mph" rule they taught you in driver's ed? If you follow it, you can stop in time even if she slams them on.

She'd probably claim a dog ran out in front of the car or something, anyhow.

shizzle · 09-06-2005, 02:00 AM

There is an exception... If you hit someone from behind as they come into your lane, it can be their fault. It has happened, when there are witnesses. My mom witness a wreck like this, and she stopped because she knew it wasnt the guys fault that rear ended someone. A kid in a ricer was weaving around all the traffic without signalling. He whipped over three lanes right as the guy was passing on the inside lane, and was rearended. HE went to JAIL for wreckless driving/endangerment, and changing lanes/failure to signal. It was a kid, and he tried to argue that it shouldnt be his fault cause he was rear ended. Several other witnesses stopped to offer their description, and apparently the cop told the guy the kid had a chance of getting out of liability... but not the tickets.

frodobaggins · 09-06-2005, 02:00 AM

Quote: Originally Posted by lgbr

Judges really like to get these cases, they're easy. If you rear end someone it is ALWAYS 100% your fault. Even if the guy has massive wheels, brembo brakes, and defective tail lights and braked hard because he's drunk, it's still 100% your fault.

You always have to keep enough distance to be able to stop for the person in front of you, no matter what. There is no reality to this, unfortunately, if everyone obeyed this it would take longer to get places.

Also, please learn to use a keyboard.

Not exactly, there are a couple of exceptions, but neither is true here.
The exceptions are, someone in an adjacent lane swerves into yours,
or someone pulls out in front from a side access.

EsKALad · 09-06-2005, 02:30 AM

or if they throw their car into reverse lol

ODYSSEY · 09-06-2005, 02:44 AM

Contact a lawyer, but it will more than likely not be worth the money/trouble to go after the lady.

Did you get a ticket? A lawyer might be able to get you out of that. Insurance companies will conduct their own investigation that does not bear on if you got a ticket or not.

Also it is cheaper for them to pay out the lady vs taking her to court. The case you might want to fight is with your insurance company and not the lady (and is would be over paying a deductible and possible rate increase).

Do you have any witnesses other than her or your passengers?