he was immediately arrested and witnesses even agreed that this person was driving wrecklessly yet the insurance company is stating i am at fault. how can i prove otherwise?
Personal Injury Lawyer
Each driver is responsible for their own negligent conduct. Your insurance company should protect and defend you from this type of claim. If the DD created such a condition that it was impossible to avoid you may be off the hook. However, contact your insurance company and make sure they are aware of ALL the details of the accident.
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Brain Injury Lawyer
As the following driver, you still had an obligation to avoid hitting the car in front of you, regardless of whether or not the fellow was drunk.
Because you rear ended him and had the duty to not be following so close that you could not avoid him.
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Even though the driver who caused the accident was intoxicated, you still have to maintain a safe distance between you and the vehicle in front of you. Liability is typically pretty clearly your fault when you rear end the vehicle in front of you. Sorry to hear about your situation. Drunk drivers make the roads a danger to us all.
Because you hit him...you need to maintain a safe distance.
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New Mexico's comparative negligence law may be used to find you only partially at fault for the accident. Unlike alot of other states, more than one driver can be at fault for the accident. Think of it as a pie that can be cut into portions. I believe that you may be able to show that the drunk driver has a much bigger portion of the pie than you do. Depending on the insurance company, you may be able to convince them that he has almost all of the pie. As a New Mexico attorney you need to know that insurance companies hate to take drunk driver cases to court. I would use this leverage against them. Thanks. Mark Caruso, Albuerquerque
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Because you neglected to maintain a safe distance between you and the car in front of you, you are at fault.
Personal Injury Lawyer
Because you hit someone.... But let your insurance company lawyer defend you.
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