A drunk driver in front of me caused an accident to the car in front of him, i then rear ended him, why am i getting blamed?

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?

Rio Rancho, NM -

Attorney Answers (8)

Christian K. Lassen II

Christian K. Lassen II

Car / Auto Accident Lawyer - Philadelphia, PA
Answered

Because you hit him...you need to maintain a safe distance.

Licensed in PA & NJ. 29% Contingency Fee. Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com
J Charles Ferrari

J Charles Ferrari

Immigration Attorney - Los Angeles, CA
Answered

Because you rear ended him and had the duty to not be following so close that you could not avoid him.

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not... more
Kevin Coluccio

Kevin Coluccio

Car / Auto Accident Lawyer - Seattle, WA
Answered

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.

David B Pittman

David B Pittman

Car / Auto Accident Lawyer - Fort Myers, FL
Answered

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.

Michael Ryan Juarez

Michael Ryan Juarez

Personal Injury Lawyer - San Diego, CA
Answered

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.

-Michael R. Juarez Law Office of Juarez and Schaeffer PO Box 16216 San Diego, CA 92105 (619) 804-4327 www.jslaw.... more
Mark John Caruso

Mark John Caruso

Car / Auto Accident Lawyer - Albuquerque, NM
Answered

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. Give me a call at 505-883-5000 and let me know who the insurance company is and a few more details and I will give you a free consultation. Thanks. Mark Caruso, Albuerquerque

The AVVO response or other communication by Caruso Law Offices does not create an attorney-client relationship.
Scott J. Corwin

Scott J. Corwin

Car / Auto Accident Lawyer - Los Angeles, CA
Answered

Because you neglected to maintain a safe distance between you and the car in front of you, you are at fault.

R. Brent Cueria

R. Brent Cueria

Personal Injury Lawyer - New Orleans, LA
Answered

Because you hit someone.... But let your insurance company lawyer defend you.
Good luck!

This post does not imply or constitute an attorney-client relationship. Time sensitive information should never... more

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