How is liability determined in an accident?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
How is liability determined in an accident?
Traveling on an interstate highway, Driver 1, made an abrupt stop and was turning into an emergency vehicle turnaround. Vehicle in front of Driver #2 swerved and missed vehicle. Driver 2 was not able to stop and struck driver 1. Driver 1 was cited for “Unlawful Stopping”.
Asked on May 17, 2011 under Accident Law, Virginia
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
There is no hard-and-fast rule; liability depends on fault, which depends in negligence, or carelessness, which in turn depends on the specific situation--that is, under those conditions, where either or both drivers not being as careful as they should (as careful as the hypothetical average "reasonable driver" would be)? It is possible for both drivers to be negligent, in which case, in the event of a lawsuit, the amount that the suing plaintiff could recover in compensation would typically be reduced to reflect his or her own negligence--or in more extreme cases of plaintiff negligence, the plaintiff may even be unable to recover at all. For example, in the situation you descrive, Driver 1 may be at fault for "unlawful stopping"--but Driver 2 could also be negligent and at fault if he or she was following too closely for the conditions and speed (not enough room to brake safely).
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.