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.org Mike@jslaw.org This posting is provided for “information purposes” only and should not be relied upon as "legal advice." Nothing transmitted from this posting constitutes the establishment of an attorney-client relationship. Applicability of the legal principles discussed here may differ substantially in individual situations or in different jurisdictions.
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 constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.
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.
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
The AVVO response or other communication by Caruso Law Offices does not create an attorney-client relationship.
Because you hit someone.... But let your insurance company lawyer defend you.
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