Can you be successfully sued if you’re rear-ended by another?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can you be successfully sued if you’re rear-ended by another?
Three car scenario, I stopped to avoid a car entering my lane from the Belt who failed to yield, I was struck from behind and then the car that struck me was also rear-ended. Can I be successfully sued and why?
Asked on October 22, 2010 under Accident Law, New York
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Whomever is negligent--or unreasonably careless--in a collision can be sued for damages or injuries he or she causes. Normally, there is strong, though rebuttable, presumption that the car in back was at fault, since he or she should have maintained a safe following distance, paid attention, not traveled too fast, etc. However, it is possible to show that the front car was at fact at fault. One example would be if the front car braked suddenly, without warning, for no good reason, so there was no way for the following driver to anticipate a sudden stop; similarly, if the front driver braked completely on a highway when merely slowing would have sufficed, that might show negligence or carelessless; or if the front car's brake lights weren't working, depriving the rear driver of that warning; etc. So it depends on the circumstances; usually, it will be the rear driver who was careless, but there are situations in which it may be the front driver who was negligent.
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.