Legal Question in Civil Litigation in New Jersey
being sued for car accident question
I am being sued for a car accident i was in in 2003. Coming off a highway, i saw the car in front of me go head first into the guardrail. As i slowed to see if the person was alright, my car started to slide and i lost control. I struck the back end of the other guys car.
He is suing me for the total loss of the car.
My argument is that his car was already totaled from his initial collision into the guardrail. Also there was found to be a chemical spill on the road that made the roadway like ice. there were multiple accident all at the same time at that spot. Police were already at the scene. I was charged with careless driving which was dismissed because it was deemed the rodayway caused the accident. I also had a camera at the time and took pictures of the scene.
Who has the better case?
3 Answers from Attorneys
Being sued for car accident
The advice from Gerald Hershenson, Esq is valid and appropriate. Assuming that you were driving legally in NJ, you have insurance that covers you. Let the lawyer designated by the insurance company handle the case. By the way, your question no doubt violates the terms of your policy.
Re: being sued for car accident question
It is impossible to evaluate the case. Although physical evidence can be a factor the testimony of the parties and witnesses are critical. You should have insurance company representation, and the attorney handling your matter should have an opinion that would be considered more valid. The fact that the criminal charges were dismissed will not win you the case. The question is were you negligent and what percentage. If a jury finds you more than 50% liable your insurance company will have to pay that percentage of the damages. Gerald Hershenson Esq. 215-579-9390
Re: being sued for car accident question
The other driver. Your only argument would be sudden emergency. Your insurance company should handle this.
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