Auto accident

[cthrash1]

Tennessee; Sorry so long
I have a couple of questions. My husband was in a head on collision last year from turning left into a service station. He was issued a ticket for failure to yield even though the other car was in a blind spot on the hill where he was turning. The other driver was not issued a ticket for anything, although in the area the wreck occured the other driver had to have either not been paying attention, speeding (40 mph zone), or both for the collision to have occured. Because coming from the way of the other driver if you are paying attention and going the speed limit there is plenty of reaction time. Unfortunately for my husband, the police officer didn't do a thorough investigation or the other drivers negligence would have also been noted. Two of the occupants in the other vehicle were injured, one seriously (a 6 yr old) because of the seat belt almost cutting him in half inside. Now they have filed a suit against my husband and me for injury and compensation. Their insurance is giving them a hard time about paying their part of the claim from what we were told from our own claims agent.
My first question is: How can they sue me too? I wasn't anywhere near the accident and didn't know about it until I returned home (about 1 hr later appx).
My second question is: Is it standard procedure for an officer not to do a thorough investigation? If he had, it would have shown her reaction time AND how fast she was going. They both (my husband AND the other driver) should have been ticketed.

 

[ALawyer]

The ticketing is not directly relevant to legal liability, and failure to ticket does not mean there was no negligence or fault on the part of the other driver.

Similarly the fact that your husband was ticketed does not prove he was at fault -- or committed a violation -- even if the cop thought so. If he pleads guilty, or was found guilty, that's an admission of his negligence.

However ticketing - or not -- is often used as an initial rule of thumb by insurance companies in evaluation of liability and whether or not to fight or settle. But it is not final as everyone knows cops can not do a full investigation in a routine accident case, and even in far more serious cases they may not do it right. (Remember OJ?)

As to why you were also sued, it may be that you are owner or an owner of the car, or they calaim your husband was your agent, or something else in TN law.