If I was rear-ended by a woman while making an illegal left turn that I was not aware was illegal. can I still have my injuries covered?

It was Sunny midday with clear visibility for about a quarter mile. She didn’t know I was making an illegal left turn and she admitted right away that her foot slipped off the brake, as well as admitting “That was the hardest I ever hit anybody.” She moved my car approx. 8 feet and snapped my neck back and forth in the accident. I had a xray and was told that I had lost the curvature in my spine and would now need care to fix it and an injury lawyer to get damages/settle with the at fault insurance. Do I have a chance of getting my car fixed and medical cost covered?

Asked on September 20, 2011 under Personal Injury, Tennessee

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You have a chance to receive money if you sue the other driver (which includes presenting a claim to their insurance, and seeing if the insurer will honor it without having to actually sue), and it would be worthwhile for you to consult with a personal injury attorney, but you will have an uphill battle and may either have the amount you can receive reduced and/or be unable to recover at all. The reason is that you were negligent, too--as you write you made an illegal left left. Thus, you made a turn which you were not allowed and which the other person would have reasonably expected you would *not* make. When a person is him- or herself negligent, then even if the other driver would be at fault, the would-be plaintiff's negligence will often reduce the available award, and in some cases can even preclude recovery altogether.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.