Legal Question in Personal Injury in Louisiana
Determination of responsiblitity in auto accident
My husband (vehicle b)was last in a line of backed up, not moving traffic on a highway. A car (vehicle c) going approximately 40 mph plowed into the back of my husband's truck and pushed his truck into the back of the car (vehicle a) in front of him. One year later, the driver of vehicle a is suing both my husband, our insurance company, driver c, driver c's insurance company, and their own insurer for personal injuries and property damage. The papers my husband was served indicated that he was travelling too close for conditions and had not done all that he could do to prevent the accident. Is he liable?
1 Answer from Attorneys
Re: Determination of responsiblitity in auto accident
If your husband was stopped in traffic he should have no fault. This type of suit is often filed where the plaintiff attorney names everyone that might be a fault. Plaintiff could argue that your husband failed to put on his brakes to avoid the collision after being hit. Its a stretch but you never know what a judge or jury will do. Your insurance company should defend the suit. You should contact them and advise them of being served so they can assign you an attorney. You only have ten to fifteen days to answer, depending on the court, otherwise a default judgment can be entered against you. Also you still may be able to file your own claim against the other driver. You have one year from the accident in Louisiana to file a lawsuit. You may have an additional ninety days from service of this suit to file an incidental demand. Good luck and if you have any other questions please call at 504-569-0380.
Peirce
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