Wondering abourt being sued for a car accident that was not our fault?

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Wondering abourt being sued for a car accident that was not our fault?

We served to miss a motorcycle that was in our lane and he served back and we hit him. He had no drivers licence, motorcycle licence or insurance and was on drugs. And now he is taking us to court.

Asked on June 15, 2009 under Accident Law, Minnesota

Answers:

M.S., Member, Connecticut Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

In any tort action, the plaintiff (in this case the motorcycle driver) must establish that your conduct fell below the appropriate standard of care (i.e. that you operated your vehicle negligently or recklessly) and that the plaintiff suffered injury as a result of that negligent/reckless conduct.  According to the set of facts that you provided, it sounds like you may have a defensible case if you can demonstrate that the plaintiff's injuries were actually caused by his own negligence or recklessness (for example, since he was operating his vehicle under the influence of drugs).  However, there are certain facts that are unclear from your question.  For example, was he arrested for operation under the influence?  How do you know he was under the influence?  If he was arrested, and there is a police report, that may go a long way in your defense.  Moreover, did you have car insurance?  If so, your insurance company should be handling this claim.  Nevertheless, I suggest that you consult with an attorney at your earliest convenience in the interest of resolving this matter in the most expeditious and favorable manner possible.


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