Legal Question in Personal Injury in California

judgement

My client was driving interstate 5 through downtown Los Angeles. Client was driving in the slow lane when she was rear-ended by a car driven by Driver A. Trucker B then rear-ended A's car which slammed into the client's car again. The CHP traffic collision report assigned 40% of the fault to Driver A and 60% to Trucker B. Driver A is insured and has additional assets.Trucked B has no personal insurance or assets. The client has suffured $100,000 in special damages. A's insurance and liquid assets will be sufficient to pay all of the clients damages. Can they satisfy a judgement from A's insurance and assets? Explain.


Asked on 5/31/04, 8:14 pm

4 Answers from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: judgement

Like Mr. Roth, I believe this is someone's effort to get us to answer a homework assignment for them. I can't tell which of the attorneys who posted answers yesterday got to this question first, but he should have rejected it as inappropriate to the site. We are not here to help people cheat on their schoolwork.

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Answered on 6/08/04, 3:05 pm
Mitchell Roth MW Roth, Professional Law Corporation

Re: judgement

Are you a lawyer or a law student? What do you mean, "my client"? This site is for real questions for parties to get some info. If this question is for real you can contact any of us directly for a free consultation.

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Answered on 6/07/04, 7:01 pm
Christopher M. Brainard, Esq. C. M. Brainard & Associates - (310) 266-4115

Re: judgement

I think yes. To be sure you will have to research. The issues are primary and secondary liability versus comparative liability. I think the factual nexus causing damage will allow you to effectively argue primary and secondary liability as to A and B -- resulting in each being fully liable. Again, there are cases on point and you need to do the research to comfirm my belief. Best regards.

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Answered on 6/07/04, 7:03 pm
Terry A. Nelson Nelson & Lawless

Re: judgement

You claim on and sue all of them, recover from who you can. Insurance is usually all you will get without forcing someone into BK. You likely will need an experienced attorney to get full value of recovery. Contact me if interested in doing so.

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Answered on 6/07/04, 7:59 pm


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