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can I sue the owner and the driver of the car

  • Thread starter Thread starter Dragonlady
  • Start date Start date

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Dragonlady

Guest
This happen in New York on Long Island.

I was in a car accident at a traffic light. I was going through a green light and a car went through a red light. I hit the car. The time was 10 PM and it was drizzling and the road was wet. I hit the car on the drivers side. When I looked at the car from my car it appeared to have been in a prior accident. The front end was smashed in and steam was coming from the engine. I decided not to get out of my car and wait for the police. The other car backed up and parked on the passenger side of my car for about 3 minutes. The car then pulled away and tried to leave the scene of the accident. The police pursed him and arrested him. The police then came to where I was and asked if I was alright I told them that my back was hurting but that is was probably from the shock of the accident. In the report it appears I was treated at the scene.


The county has called me to testify at a grand jury hearing on this accident. The driver is charged with driving under the influence. He has 2 priors and was driving with a restricted license. Leaving the scene of an accident and assault. The car was not his but his brothers.
My question is can I sue the brother and the driver? I am not injured physically, except to say, for about a week my back and shoulders did hurt. I am not sleeping well now, I keep thinking if I was just a bit faster I could really have been hurt and everytime I drive at night I am very nervous. When I hear the screeching of brakes my shoulders tense up and really hurt me. I generally work a late shift and the road I take is the shortest way home, this is the road where I had the accident. I would like the brother who loaned this man a car to understand that he can not enable an abuser of drugs and alcohol with a weapon like a car, to go out and take pot shots at pedestrians and other cars. It is like giving a loaded gun to child. Do I have a case for a lawsuit? Thanks in advance for any feedback.
 


I AM ALWAYS LIABLE

Senior Member
My response:

It is without question you have an excellent case . . . but, if you don't see an attorney, and get some medical/chiropractic treatment, your good case will turn to mush.

Yes, you have an excellent cause of action against the driver, and the owner-brother. Your case against the brother is for "negligent entrustment".

See a personal injury attorney AS SOON AS POSSIBLE.

IAAL

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