Hit from behind

[Vinmant1413]

What is the name of your state (only U.S. law)? New Jersey...I was rear ended while driving approximately 30mph and my foot was obviously on the gas and caused me to hit the car in front of me. My neck,arm, back,and legs were hurt from the impact and I couldn't get my foot on the brake or get my car into park so I rolled into the car in front of me a second time. The woman who hit me claimed 100 responsibility for hitting me to the police and she is the one who climbed into my car to put it into park cause I couldn't move my arm. Am I responsible for hitting the car in front of me twice?

 

[justalayman]

Possibly. One has to wonder how a person hitting you from behind would cause you to hit the person in front of you if you were travelling at 30 mph. You should have been about 80 feet or so behind the car in front of you (2 seconds of travel time at 30 mph would be 88 feet) If you were following too closely you could be considered to be considered to be a contributing factor as such, bear some liability although the car behind you was the primary cause of the collision. Of course if you were far enough behind under normal circumstances and the impact from behind did actually incapacitate you, you should not be held liable for any of
The damages.

A very important factor will be how fast was the driver that hit you going?

Is there a reason you are actually asking this question?

 

[Vinmant1413]

It was actually my wife and not me and they were about a thousand feet or so from a traffic light. My wife said 30 but I think she was doing less. The lady behind her who we actually know very well said she has no idea what distracted her. My wife said the traffic was going normal in front of her but she is a defensive driver. The lady behind her was in a 2 week old car that was totalled, my wife was in a 96' Volvo and that lady that hit her went under the back of her car so hard she bent the frame but her rear bumper barely looked hit but the backend was buckled. So even if she was doing 20-25 and the car that hit her musta been doing close to 50 and got distracted and slammed into her. My wife not expecting anything so no matter how fast she was going her foot was still on the gas and when hit her foot hit the gas and slammed into the truck in front of her then after that she kept going and hit her again. He foot was wedged and she couldn't move her head, arm, or shoulder. The lady that hit her had to climb in the back seat of my wife's car and put it into park cause my wife didn't have the strength to do it. The whole front end her car was totalled and the truck she hit was able to drive away. The lady who hit my wife kept saying in so sorry, this is all my fault over and over and told the cops the same and it's in the report. For some reason the lady my wife hit said the 2nd impact was harder then the first and I don't know how that's possible. They only gave my wife 75% of what her car was worth cause they said they're not responsible for that 3rd hit even though her car was deemed totalled because the frame is bent in the back where she was hit. She had shoulder surgery, missed over 4 months of work, about 30 physical therapy sessions and she is still in pain. She can't do the things she used to love doing before the accident and she used to sleep like a rock but now she wakes up every few hours in pain. This happened in April of 2016 and there insurance company wants to settle fast but my wife still has doctor's to see. She's only 43 and this accident will effect her for the rest of her life. I'd rather it goes to trial cause the lady who hit my wife will say it's all her fault. Hitting the lady in front of her twice should have no bearing on this case. If she wasn't hit from behind she woulda never hit anyone. Getting hit hard enough from behind that the car that hit hers the bumper was pushed all the way back to her windshield, my wife said she thinks she lost contiousness and I'm surprised she didn't hit more people. I was on the scene within 10 minutes and took pictures of everything. I don't think that 2nd hit of the car in front of her should matter at all. She left the scene after cops got her statement and she was fine and her truck didn't have a dent. My wife was probably lifted from behind and forced her under the truck in front of her...my wife was taken out on a stretcher and her never was immobile. She was the only victim and the only one who needed surgery. And her neck, back, and shoulder have never been the same...

 

[LdiJ]

It was actually my wife and not me and they were about a thousand feet or so from a traffic light. My wife said 30 but I think she was doing less. The lady behind her who we actually know very well said she has no idea what distracted her. My wife said the traffic was going normal in front of her but she is a defensive driver. The lady behind her was in a 2 week old car that was totalled, my wife was in a 96' Volvo and that lady that hit her went under the back of her car so hard she bent the frame but her rear bumper barely looked hit but the backend was buckled. So even if she was doing 20-25 and the car that hit her musta been doing close to 50 and got distracted and slammed into her. My wife not expecting anything so no matter how fast she was going her foot was still on the gas and when hit her foot hit the gas and slammed into the truck in front of her then after that she kept going and hit her again. He foot was wedged and she couldn't move her head, arm, or shoulder. The lady that hit her had to climb in the back seat of my wife's car and put it into park cause my wife didn't have the strength to do it. The whole front end her car was totalled and the truck she hit was able to drive away. The lady who hit my wife kept saying in so sorry, this is all my fault over and over and told the cops the same and it's in the report. For some reason the lady my wife hit said the 2nd impact was harder then the first and I don't know how that's possible. They only gave my wife 75% of what her car was worth cause they said they're not responsible for that 3rd hit even though her car was deemed totalled because the frame is bent in the back where she was hit. She had shoulder surgery, missed over 4 months of work, about 30 physical therapy sessions and she is still in pain. She can't do the things she used to love doing before the accident and she used to sleep like a rock but now she wakes up every few hours in pain. This happened in April of 2016 and there insurance company wants to settle fast but my wife still has doctor's to see. She's only 43 and this accident will effect her for the rest of her life. I'd rather it goes to trial cause the lady who hit my wife will say it's all her fault. Hitting the lady in front of her twice should have no bearing on this case. If she wasn't hit from behind she woulda never hit anyone. Getting hit hard enough from behind that the car that hit hers the bumper was pushed all the way back to her windshield, my wife said she thinks she lost contiousness and I'm surprised she didn't hit more people. I was on the scene within 10 minutes and took pictures of everything. I don't think that 2nd hit of the car in front of her should matter at all. She left the scene after cops got her statement and she was fine and her truck didn't have a dent. My wife was probably lifted from behind and forced her under the truck in front of her...my wife was taken out on a stretcher and her never was immobile. She was the only victim and the only one who needed surgery. And her neck, back, and shoulder have never been the same...

I am a little confused. What is it that you want to go to trial over?

 

[justalayman]

Wow.

From the description only I would tend to agree your wife bears no liability here. At the amount of damages to the at fault vehicle I would tend to agree she was moving pretty good and it would probably shove your wife quite a distance. The second impact is simply a situation beyond control of your wife and the cause is the initial impact. I am a bit surprised the at fault drivers insurance has argued the second hit is meaningful to the property damages your car received

I'm not sure there is enough value in a 96 Volvo to get too worked up about it though. . You are taking less than $1000 dollars which simply does not justify any legal action beyond small claims court.

I don't see why your wife would have hit the accelator from from a hit from behind. The impact would, in effect, push her into the seat back and further from the dash and gas pedal but there can be some odd actions so I don't see it as a real concern

Btw; there are "black boxes" in many if not all newer vehicles that will provide at least the last 30 seconds of driving. Throttle position, speed, brake activity, if any, and accelerometer data. It is likely that data is available in an accident investigation and for an ensuing law suit.

A person stating it is their fault doesn't make it their fault. The facts of the matter determine fault. As just an example; if the brakes failed on the new car and the woman was driving in a lawful mannner, she would probably not have any liability at all. From your description it was driver error though so that puts liability back on her.

The statute of limitations for personal injury is 2 years in New Jersey. You still have some time to wait to see what your wife's long term prognosis is.