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If you are in a car accident and another car gets in an accident to avoid you are you liable foe their accident?

El Cajon, CA |

My daughter's car was clipped by a hit and run driver and she went over the guardrail on a freeway. Other cars got in an accident to avoid hitting her. Is she liable for their accidents?

Attorney Answers 7


  1. Based on the way you have presented the facts, NO, she is not to blame. She is not the proximate caue of the subsequent collisions -- the car that hit her started it all. that said, it does not mean people won;t try to blame her. I presume your carrier has been made aware of the situation. Cooperate with them fully to make sure your daughter is protected.

    I hope your daughter is If not, she needs a personal injury attorney.

    I wish you both well.

    In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship. You are not to rely upon my note above in any way, but insted need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced criminal defense attorney to be fully aware of your rights.


  2. Based upon the facts you have set forth, it would appear that your daugther did nothing wrong. Her car movement was caused by another negligent driver. I would report the matter to your insurance carrier and identify as many witnesses as possible.


  3. The issue here was your daughter negligent in the initial car accident. If she was not, than any thing that transpired after your daughter is not responsible for. Notify your own carrier immediately.

    Jonathan N. Portner, Esquire, Portner & Shure, P.A. Maryland and Virginia Personal Injury Attorneys. This response is general information and not legal advice, and does not create an attorney-client relationship. This response should not be relied upon. Please note that no attorney-client relationship exists between the sender and the recipient of this message in the absence of either (1) a signed fee contract and (2) remission of an agreed-upon retainer. Absent such an agreement and retainer, I am not engaged by you as an attorney, nor is any other member of my law firm


  4. No it does not look like your daughter is liable based on the facts you provided. Contact your insurance carrier to defend you should a claim be brought against you and/or your daughter. Who is the registered owner of the vehicle?

    Call for a free consultation at 727-937-1400 or visit us on the Web at www.serviceandjustice.com.


  5. Hopefully a police report was filed. If not you should take care of that ASAP if the accident just happened.

    I am licensed in California only and my answers on Avvo assume California law. The above answer is for general information only and is based on the information you posted. Every case is fact dependent, so to get a thorough analysis of your situation, you will need to consult face to face with an attorney licensed to practice in the jurisdiction where the incident took place. Do not conclusively rely on any information posted online when deciding what to do about your case. No attorney-client relationship shall be created through the use reading of this response on Avvo. You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information in this response.


  6. Unlikely. Simply report to your insurance company, and they will resolve this.

    Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com


  7. If a person suffers harm because of the fault of the driver of a car, said victim needs to do the following: First - immediately get medical attention. Second - hire a personal injury attorney. We personal injury type lawyers offer free consultations and take cases on a contingent (meaning our client does not pay unless he or she "wins" money).

    No one should handle any claim (involving a motor vehicle accident with bodily injury) against any insurance company without a lawyer. Claims should be handled by a lawyer - one who will be able to understand and explain the physical damages and injuries from accident. The victim of a car accident really needs to worry about one thing - getting better. That means attending doctor's appointments, attending physical therapy (if appropriate), and taking his or her medication. All of the rest can be handled by a personal injury attorney. We earn our fees (contingent by the way) by taking on the stress and hassle of fighting for money - I dare say some of us actually enjoy the fight, but I realize that most people do not enjoy conflict.

    As for getting recovery – even if the at fault drive did a hit and run – the attorney will be the one to know how to go after anyone and everyone plus their insurance companies who has even a hint of liability... while making absolutely sure not to cross the line into frivolous lawsuits or extortion, we will use all legal means to recover for our injured client(s). In a motor vehicle accident, most personal injuries immediately target the driver, the owner, and the employer of the driver as potential defendants. If the defendants want to argue among themselves, so be it, but if the accident is the fault of the driver, at least one of them will be found liable when the jury gives the verdict.

    As for determining who is at fault, determining who is at fault or partially at fault in a motor vehicle accident can be easy (as in the rear-ender) or more commonly not so easy as it requires witness interviews, drivers' statements, accident scene photos and reports, police reports, etc. If a determination is made that a drive is not at fault, then there is no legal liability. In the case of disputes over how to interpret all of the evidence, a court will determine fault.

    - Paul

    Paul J. Molinaro, M.D., J.D.
    Attorney at Law, Physician, Broker
    Fransen & Molinaro, LLP
    980 Montecito Drive, Suite 206
    Corona, CA 92879
    (951)520-9684
    www.fransenandmolinaro.com / www.888MDJDLAW.com

    "When you need a lawyer, call the Doctor... Call Paul J. Molinaro, M.D., J.D... Call (888)MDJDLAW."

    * This post and all others I make on Internet are for informational purposes only. None of the information or materials I post are legal advice. Nothing I post as comments, answers, or other communications should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship. While I try to be accurate, I do not guarantee accuracy.
    ** Fransen & Molinaro, LLP practices in the areas of personal injury, medical malpractice, and real estate law.

    Paul J. Molinaro, M.D., J.D. ... Attorney at Law, Physician, Broker... Fransen & Molinaro, LLP... 980 Montecito Drive, Suite 206... Corona, CA 92879... (951)520-9684... www.fransenandmolinaro.com / www.888MDJDLAW.com... "When you need a lawyer, call the Doctor... Call Paul J. Molinaro, M.D., J.D... Call (888)MDJDLAW." ... * This post and all others I make on Internet are for informational purposes only. None of the information or materials I post are legal advice. Nothing I post as comments, answers, or other communications should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship. While I try to be accurate, I do not guarantee accuracy... ** Fransen & Molinaro, LLP practices in the areas of personal injury, medical malpractice, and real estate law.

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