Legal Question in Personal Injury in New York

multiple vehicle accident
I was involved in a multiple vehicle accident and I am confused as to who is considered to be a ''responsible party.''
The police report accurately describes the following:
While I was stopped in traffic, in the far left lane, vehicle #1 failed to stop and hit vehicle #2. Vehicle #2 hit vehicle #3 and continued in motion hitting a passing truck (vehicle #4) in the center lane. Picking up speed vehicle #2 then struck me (vehicle #5), in the far left lane.
Although the accident was caused by vehicle #1, I was hit by vehicle #2. Can I sue vehicle #2? My injuries were extensive, resulting in 5 surgeries and an ongoing battle with painful hernited discs (both cervical and lumbar.) I was out of work for 1 yr and no-fault is now denying further medical treatment. My health insurance is not picking up the outstanding medical bills because the injuries were related to an auto accident.
What is the best legal path for me pursue?

Asked on 1/28/08, 9:33 am

3 Answers from Attorneys

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Re: multiple vehicle accident

Generally, in a multi-vehicle car accident, you sue the drivers/owners of all the other cars because you cannot assume that they will all give the version stated in the police report. While it sounds like vehicle 1 is mostly at fault, you don't know what the driver of vehicle 2 will say about what the driver of vehicle 1 did nor do you know if the driver of vehicle 2 could have done anything to avoid the accident. Given your injuries, you want to keep as many cars as possible in the case so you can get to their insurance coverage. You only need 1% of liability against a driver to keep them in the case and to be able to collect against their entire policy. I handle these cases all the time so please feel free to contact me if you are seeking an attorney.

Answered on 1/28/08, 9:42 am

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Jason A. Richman Jason A. Richman, Esq.

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You need a lawyer to file a lawsuit against all cars and drivers

Mr. Rothstein is correct that you will want to keep as many vehicles and insurance companies as possible involved. You should have already filed a complaint. Waiting this long after the accident to consult with an attorney can cause problems. If one or more of the vehicles were owned by the State, you may loose the right to sue those vehicles. Also any witnesses to the accident will have less accurate recollections this long afterwards. You should immediately contact an attorney to review your case for free and then proceed with an action to recover for your damages. if you need help locating an attorney in your area please feel free to call or write. 5853195334

Answered on 1/28/08, 1:19 pm

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