Car Accident

[justalayman]

Originally Posted by InsuranceLadyAZ

I don't believe the fact that the son was trying to avoid an accident is relavant because drivers are supposed to be in control of their vehicles at all times. It is not always practical, but that's the way it is. If I swerve to avoid one car and hit another, I'm still liable for the vehicle I struck.

But does not the "missed" driver bear some responsibilty. They are the initial cause for the other drives actions?

[InsuranceLadyAZ]

Originally Posted by justalayman

But does not the "missed" driver bear some responsibilty. They are the initial cause for the other drives actions?

If the other driver was in violation and was ticketed for some moving violation, they may be able to be held liable. The OP did not state the "missed" driver was cited for anything. That being so, how would they even be able to find the other driver, much less prove fault?

[rlg]

The other driver avoided the car coming headon by running into the ditch, but he was not cited. He may have been responsible for saving my son's life. He was unconscious, with a seatbelt on and he pulled him out, afraid the car was going to catch on fire. He did tell us the other driver could have avoided the whole accident if he had also took the ditch.

Originally Posted by rlg

The other driver avoided the car coming headon by running into the ditch, but he was not cited. He may have been responsible for saving my son's life. He was unconscious, with a seatbelt on and he pulled him out, afraid the car was going to catch on fire. He did tell us the other driver could have avoided the whole accident if he had also took the ditch.

You have alot of opinions expressed already, so I'll be brief. The facts- Was your son cited for the accident. Was anyone else cited for anything to do with the accident,i.e the other driver that caused your son to swerve. Were there any witnesses(if yes) were any in your sons favor. If seatbelts are voluntary and they chose not to wear them then why is your lawyer stating this is a non important issue. Just a few thoughts as I read the posts.

[rlg]

Yes, my son was cited for reckless driving. No one else was cited.
We think the seatbelt situation could still be a defensive tool for us, if it comes down to a jury trial. His injuries versus theirs is the prove. Hopefully, this is will not turn any uglier than it is, we are neighbors.

This all sound very tragic. I wish you well!