A car cut me off and then stopped quickly, causing me to hit him. The police blamed me for rear-ending him. Can I sue?
Answer:
Yes, you can sue. You’re probably also going to want to fight the traffic citation. However, be prepared for a lengthy fight. There is a general, but rebuttable, presumption that rear-end collisions are the fault of the driver who hit the car in front of him. It won’t apply in all situations and in the situation described here, where somebody cuts you off and stops suddenly, you have an argument that you could not have avoided hitting him under these circumstances. At a minimum, comparative negligence can be argued.
Transcript
You can certainly sue. You’re probably also going to want to fight the traffic citation. There is a general presumption that rear-end collisions are the fault of the driver who actually hit the car in front of them but it’s not a universal rule. It won’t apply in all situations and in the situation described here, where somebody cuts you off and stops suddenly, you have a strong argument that you could not have avoided hitting them under these circumstance and, therefore, you really aren’t at fault. You should not have been cited. If you’re injured, you should be able to pursue a claim against the driver that cut you off.
About
Julie S. Luhrsen, Esq.
Julie Luhrsen represents the injured. Like Atticus Finch, the fictional hero of Harper Lee’s To Kill A Mockingbird, for Julie it’s about looking out for others, it’s about leveling the playing field.
For over 20 years, Julie’s been looking out for personal injury victims and their families who’ve suffered injuries due to someone else’s carelessness or wrongdoing. She’d welcome the chance to stand in your shoes and evaluate your case – confidentially and at no cost. Please contact her today if you or a loved one has been a victim of an automobile crash, motorcycle wreck, slip or trip and fall incident, homeowner negligence, or any other negligent injury or wrongful death.