Legal Question in Personal Injury in Massachusetts
Auto Accident caused by third party, who's liable?
My mother was involved in a serious auto accident 2 years ago. She was severly injured and couldn't remember anything. Originally we couldn't find the police report so it was speculated by some she had swerved into oncoming traffic at night. Months later it was found and reported a man in another car had hit her while trying to pass on the right because ''She was driving too slow.'' She was just coming off a rotary. Now my mother, along with her son since it was his car, is being sued by the wife of the man who apparently died in the car that she was pushed into. How can she be held liable? VERY limited income, qualifies for free or reduced legal help. How serious is this, should we hire a better lawyer?
2 Answers from Attorneys
Re: Auto Accident caused by third party, who's liable?
You have the right to request an accident/incident report from the police. You should do this right away. Once you have reconstructed the accident, you will probably need to bring the third party into this law suit immediately. If your mother was not driving negligently, but was pushed into the plaintiff's car by a negligent third party, your mother should not be liable, or at the least, should be able to seek indemnification from the third party. Talk to an attorney soon, as the relevant statute of limitations is three years.
Re: Auto Accident caused by third party, who's liable?
If you have admissible evidence about the man in the other car that hit your mother, this would be an adequate defense. Your mother could also bring suit against this man.
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