5-Car Accident - Who's Liable?

[DWNNJ]

What is the name of your state? New Jersey
Was in 5-car accident. Car was rear ended causing it to come into my lane hitting and spinning me then I was hit from the rear. Approx $15K worth of damage to my vehicle. Now seeing chiro doc...diagnosed with sublaxations of the spine coupled with severe headaches. Have limited lawsuit option insurance but PI attorney said I still have a claim. Question: who 's liable to file my claim against? Probably the guy who hit me in the front and the one who hit me in the rear for sure. What about the person who rear ended the guy that hit me causing the whole domino effect? Thanks Much!

 

[lwpat]

Do what everybody else does, sue everybody.

 

[DWNNJ]

LoL!!! That wouldn't be fair!

lwpat, I can tell you that I may go after the manufacturer of my vehicle because with the severity of the impact, my airbag DID NOT deploy. I'm sure I'll hear some mumbo jumbo about g-force, and center of gravity, but I think given the hit and the extent/amount of damage, the bag should have deployed!

 

[DWNNJ]

Follow Up

Ok, PI attorney I "consulted" with but have not officially retained is M.I.A. for the most part. I've spoken with him three times by telephone; first time during the initial consultation; second time he called and assured me that I have a claim and recommended a chiro doctor (which I am seeing now); and again when I received a letter from the insurance company of the person who caused the 5-car mess asking me for a statement as to the circumstances of the accident. In the final conversation, the PI attorney stated that I SHOULD NOT talk to the insurance company but instead to fax him the letter and he would deal with them directly (I haven't faxed him anything yet). I don't believe I have "implicitly" retained this guy just by talking to him but if he has decided to take my case, shouldn't we have discussed his retention by now?Thanks again!

 

[stephenk]

was the front of your car hit? If no, then your airbags would not deploy.

i suggest you consult with another attorney. the one you are dealing with doesn't sound like he has his act together.

 

[rainbow21]

As far as the airbads go I believe it depends on the make/model/year of your car. You would have to check with the dealership or manufacturer for your car. I called and pretended I was a customer interested in a specific car. They told me some very interesting info which was helpful.

 

[DWNNJ]

Was hit left front end which smashed in my headlight and bumper, trashed the hood, and bent the left fender. Rear quarter panel also hit tearing off rear bumper.

Fairly new 2000 model luxury german car

 

[JETX]

Ignore the issue of airbags at this time. It is only going to confuse the issue and divert your attention from where it belongs..... that being filing a claim against the initial person who caused the FIRST accident. Presumably, none of the other drivers did anything wrong and their damages (and yours) were caused by the conduct of the FIRST vehicle.

And quit playing games......either retain a competent PI attorney or not. And if you do, then let him/her handle the matter.

 

[DWNNJ]

Oh I hear ya JETX, no game playing here. In fact, I have officially hired an attorney who appears to be on the ball. I received a summons to appear in court as a state's witness against the person who caused the accident (charge was careless driving). I informed my attorney (he mentioned a phrase of "civil resolution or restitution" or something like that) who stated that it would be best if the person pled guilty beforehand or was found guilty as charged if it's to help our civil case. Also said if the person chooses not to get an attorney, that that's also in our favor because he may not be aware or advised of this "civil resolution/restitution" which has a bearing on any civil case afterwards. Advised me to call a day or so before court to check if person just pled guilty. Can anyone shed any light on this "civil resolution/restitution" (hope I'm stating it correctly). Thanks!

 

[JETX]

Simply, it means that if he pleads or is found guilty of the charge, it makes it MUCH easier for you to 'prove' your case.

The principle is that criminal court holds to a higher standard ('beyond a reasonable doubt') rather than the 'preponderance of the evidence' as you would have in proving your case in civil court.

 

[DWNNJ]

Thanks JETX...

This person caused the 5-car fiasco no doubt. Do you think the charge of careless driving has a good chance of sticking? Or is there a real likelihood that he may be able to pled down the charge? His statement has him admitting he was following another vehicle darting from fast to slow lane and then this vehicle darted suddenly to avoid a left turning vehicle so by that time, that was all she wrote. He didn't have enough time to avoid hitting the stopped vehicle which crashed into me and others.

 

[JETX]

"Do you think the charge of careless driving has a good chance of sticking? Or is there a real likelihood that he may be able to pled down the charge?"
*** If I could answer either of those questions with ANY accuracy, I would be down buying my MegaMillions lottery ticket right now. Simply, no one can guess what someone else might do or what might happen to them.

 

[DWNNJ]

Very true statement JETX.

So am I to assume that in the unlikely event (hopefully) the prep wriggles out of the careless driving charge, that I may still have a claim but it would be a little more difficult to pursue?

After all, all other witnesses would concur that there is no disputing that he caused the chain of events leading to damage of 4 other vehicles. Thanks!

 

[JETX]

"So am I to assume that in the unlikely event (hopefully) the prep wriggles out of the careless driving charge, that I may still have a claim but it would be a little more difficult to pursue?"
*** Correct. The principal behind this is that since a criminal court holds the prosecution to a higher standard than a civil court, if the person was found guilty to that higher standard, the 'guilt' of a civil claim is a 'given'.

 

[DWNNJ]

Finally...

New Jersey

The case has finally been heard in traffic court as of today! I was almost fit to be tied as the prep, through a defense attorney and prosecutor agreement, reduced the charge from careless driving to bad brakes. I also heard him mention the terms "civil resolution" again to the judge. The guy the prep rearended must have gotten an offer since all parties involved were in the courtroom today and he left before the case was even called. The prosecutor said he didn't want to pursue anything further. Turns out the prosecutor said he didn't know other witnesses for the state were in attendence. Anyway, he pulled the "bad brakes" offer off the table and instead the prep pled guilty to "unsafe driving likely to cause and accident" which the prosecutor says is just like the original careless driving charge but carries no points assessment. He received a $155 fine and was very cocky about the outcome.

My question is is this finding conducive to any future settlement or possible lawsuit sought by injured parties' PI attorneys? Thanks again!