Rear ended in my work car

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Rear ended in my work car

I’m in sales so my company gives me a car allowance each month. I was hit from the rear by a young girl who I think was texting. She made no attempt to stop or swerve to avoid me as I sat at a stop sign. Her estimated speed was btwn 45 and 50 mph. She had clear site of my car for at least 1000 yards. Me & my wife both suffered next and back pain. We did go to the hospital and a chiropractor today. Can I sue her for negligence?

Asked on June 22, 2009 under Accident Law, Pennsylvania

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Whether she was texting or not, doesn't matter;  there were accidents like this long before text messaging was possible, before anyone other than the rich had car phones (what they called them, once upon a time). You should definitely sue her for negligence, based on what you've said, and I would advise you to hire a good personal injury lawyer, who will take your case on contingent fee (he or she gets paid out of what gets paid to you if you win).  One place to look for an attorney is our website, http://attorneypages.com

There is no such thing as an "open-and-shut" case in the law;  like a football, the facts can take some funny bounces on the way to the courthouse, or to the jury room.  But being tail-ended comes pretty close to a sure thing in most situations.


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