PA Accident - Update from 2 years ago!

[mycuties]

What is the name of your state? PA

Tricky 5 car accident in Pennslyvania

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What is the name of your state? Pennsylvania

OK, there was an accident last weekinvolving 4 (really 5) vehicles. #1 is a Tractor Trailor. #1 Crashed into a guard rail, spewing debris and even one of his tires into the right lane of the freeway (the accident happened in the left lane) #2 stopped suddenly as she rolled over the debris and glass, thinking there was a major mess. Car #3 slammed into car #2 causing car #4(me) to hit car #3. It was raining really hard (wipers on full blast) Facts about the accident:

#1 (Tractor) left the scene of the accident after he hit the guard rail. The state police later tracked him down and the remaining cars were called to the scene of the tractor to get his information. He was given numerous citations. The trooper stressed that he is definitely at fault!

#2 has minor damages to the rear of his vehicle

#3 has front end and minor rear end damage.

#4 (me ) has front end damage

#5 who was not involved in the crash at all, has damage to his car from the debris that the tractor (#1) left behind. (he was at the scene of the run-away tractor to get his information for insurance purposes)

My questions are>

Who is at fault in this accident? The state trooper said we are all clear and gave us an investigation report with the tractor's insurance information on it. He said the tractor is definitely at fault. Had he not left the scene, we would have saw the disabled tractor and would have used more caution to stop! We all drove away saftley and there were no reported injuries. Thus, this is a non-reportable accident.

Is the tractor responsible for my car, since I was the last car in the accident? (I have no collision coverage) Is the tractor responsible for the other cars as well? I have a personal injury attorney because I have been having neck problems since the accident. I plan to go after the tractor since this is his fault!!

The state trooper told me that my story (#4) and #2's stories match we both agree that #3 hit #2 first)...#3 is saying that I hit him, causing him to hit #2. (of course he is taking the blame from him) How likely is is that he will come after me, even though the trooper stated that the tractor is at fault?

This is a really big mess!!!

2 years later...
the first car is suing all of us...what is going to happen? I was under-insured for the damages - in excess of 75,000 dollars!!!!!!!! What happens if I do nothing? Default judgement? Can they touch the house? (it's in mine and my husband's name)

 

[alnorth]

Wow... I hate to say it, but I believe you are screwed.

The cop's opinion here is not worth much because he is probably wrong. The only car who potentially has a claim against the tractor is car #2, for whatever small amount of damage may have been caused by rolling over the debris, since it apparently happened right in front of her from a vehicle off to the side.

Car #3 is likely partially responsible for Car #2's rear damage, because he or she should have been driving slow enough from a safe distance away to avoid hitting car #2 in the event of a sudden stop. If you cant avoid a sudden stop from the car in front of you, then you are responsible, and the reason for the car's sudden stop is irrelevant. The fact that conditions were poor, meaning you should be more wary of driving conditions, makes it worse.

Not only do you probably not have a claim on the tractor or anybody else, but you (Car #4) are also probably responsible for Car #3's rear damage, and possibly responsible along with car #3 for any damage or injury to car #2.

Think of it this way: if I'm driving and suddenly brake to avoid a deer (instead of debris from another vehicle) and you slam into me, I'm not sueing the deer.

OK, so what's done is done, now what do you do? You call your insurance company. You may be out on your own damage, but your insurance company will provide you with a lawyer to defend you. Car #3 will hopefully be found to be more at fault (or all at fault) for the damage to car #2, leaving you with either no liability, or a small enough liability to be covered by your insurance.

I wish you luck, and you can still at least try to sue the trailer if your lawyer only collects if you win and thinks you still have a shot. You may want to consider buying more insurance for the future.