Legal Question in Personal Injury in Washington

Re: rear-end accident

In multiple-car "chain" collisions like yours, you have to pick apart the actions of each driver. So, for example, let's assume you were at a complete stop when hit. If B was also stopped when they were hit, or even if B was moving but would have stopped but for being hit by C, then B probably has no liability. B could have liability, though, depending on the details. For example, if B was travelling too fast and would have hit you anyway and was merely pushed all the harder by impact from C, then B has some fault. Or perhaps you and B were stopped and C made a sudden stop farther back and without good reason -- then C might conceivably share some fault. Or, it could be all D's fault. As you can see, there are many permutations in these chain wrecks. You just have to examine the details.

Please note that the statute of limitations for personal injury claims in Washington is THREE years. This means you'd need to either have your case settled or a lawsuit in place by the 3-year anniversary, or you might be forever barred from bringing a claim later.

By the way, even though your insurance is handling the uninsured motorist (UM) claim, you ought to be represented by a competent injury lawyer. Your own company now stands in the shoes of the driver who should have had insurance, and your interests are now adverse to yours. If they can get away with paying 25 cents on the dollar, they'll do it, no matter how pleasant they may be on the phone. If, as you said, it was a serious PI, you really ought to get a free consultation from any of a number of competent injury lawyers, and you should do it soon. The longer you wait, the more data can be lost, and the more time your company has to try to manipulate your case. Our office can help as well, if you like. Almost my entire practice is injury law. We have a Washington office and a lawyer licensed there, or I may be able to refer you to good lawyers there, depending on where you're located.

Feel free to call us toll-free, at 800-347-1106, or email at [email protected]. Or, see someone you already know to be a good injury lawyer -- just don't do it without a lawyer's advice if not his or her representation. By the way, should you check our website (www.YourInjuryLawyers.com) in the near future, it is down for "repairs," whatever that is.

Let us know if we can help. If not, best regards, and I hope you feel better.

Sam Hochberg

Attorney at Law

Re: rear-end accident

One or more of the others may be liable depending on

a number of factors ...

The simple question is "did ("B") do something wrong,

or was ("B") just a victim having done nothing wrong.

B is not liable just because he hit you ... but he is

not without fault just because C hit him.

Have the police (or anyone else) determined who D is and

what D did? Does D (or B or C) have insurance or

an ability to pay your damages? This is important, since

it is not worth your time to sue someone who is uninsured

and judgment proof (has no assets against which to collect).

Your insurance company may be very helpful in handling any

claims ... but they don't want to pay out _any_ more than

they have to ... so you would be well advised to seek

advice of a local attorney to help you with this claim.

Many attorneys offer a free consult, and it certainly

is worth your time.

If I can be of further help, don't hesitate to contact me

at (208) 746-5508. The attorneys in our office are

licensed in Idaho and Washington and our office is in

Lewiston, Idaho.

Good luck with your claim. I hope all goes well for you.