Legal Question in Personal Injury in California

Hit From Behind
Recently, I had to slow down to avoid hitting a car that cut me off twice trying to get into a parking lot. In the process, I was rear ended by a truck.

The officer stated that the driver who cut me off would be treated the same as a hit and run.

The insurance company for the trucking company thus far is not accepting liability even though they hit me. I feel that are liable since they hit me.

Are my assumption right and do they have a way to get out of the liability.

I was slightly injured but my brother was injured with whip lash or something similar. The car was greatly damaged.

I am presently using my parents car and need to get a rental car adequate to handle my family of 5. The damaged car is an Expedition.

Asked on 4/20/05, 12:43 pm

3 Answers from Attorneys

Christopher Kall Law Offices of Christopher A. Kall

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Re: Hit From Behind

The vehicle that hit you from behind does indeed have potential liability for this accident. The vehicle that "cut you off" may also, but it appears that you have no information concerning this vehicle.

Do you have automobile insurance? Does the driver that hit you have insurance? The answer to these questions will factor into your options for recovery.

Please let me know if I can be of service to you.

Answered on 4/26/05, 12:29 pm

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Sam Eagle LAW OFFICES OF SAM M. EAGLE

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Re: Hit From Behind

First, the opinion of the cop is not necessarily correct nor would it mean much in court. It's very subjective if the car that cut you off is at fault--there are a lot of variables to that. But it's forseeable in traffic that that might happen and that you would have to slow down. So the truck in certainly at fault--no matter what. You and your brother would have to see what coverages are available under your policy and his--even if his car was not involved. And, you guys might have to sue the truck driver and trucking company. If you are in the Orange County area, call and I can go over this with you in more detail. 714-963-5123

Answered on 4/25/05, 4:20 pm

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