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Could you get a lawsuit if a car stops in the middle of a highway?

Smyrna, GA |

While i was driving home on the highway this car in front of me just stopped in the middle of the highway so i tried to go around it and i tipped it then a car behind me hit it then the hit me then i got real bad whiplash...

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Attorney answers 5

Posted

Your post is very confusingly worded, but it sounds like you are likely the cause of the accident (following too close or improper passing), which would mean others may be suing you and you need to report it to your insurer to defend you. Because some of the post is so confusing, call a lawyer to discuss what happened and who has a case against whom, and do that before you talk to any insurer.

If you find this answer helpful, please mark it here on AVVO as helpful. In answering you, I am attempting to communicate general legal information and am not representing you (and am not your lawyer). Any information in this communication is for discussion purposes only, and is not offered as legal advice. There is no right to rely on the information contained in this communication and no attorney-client relationship is formed. Nothing in my answer should be considered as tax-advice. To ensure compliance with IRS Circular 230, any U.S. federal tax advice provided in this communication is not intended or written to be used, and it cannot be used by the recipient or any other taxpayer (i) for the purpose of avoiding tax penalties that may be imposed on the recipient or any other taxpayer, or (ii) in promoting, marketing or recommending to another party a partnership or other entity, investment plan, arrangement or other transaction addressed herein. Note that I am only licensed in Georgia and thus cannot practice in other states. I am also required to advise you, if your question concerns bankruptcy, that the U.S. Congress has designated Ashman Law Office as a debt relief agency that can help people file bankruptcy.

Posted

There can be a claim if the car in the intersection was over 50% at fault. Give a personal injury lawyer a call. One of us would be happily to talk with you.

Our office accepts clients off of Avvo, but this initial impression is not protected by any privilege, is not attorney-client communication and you should consult a lawyer promptly about any legal matter.

Posted

Multi-car accidents are complex, and it is best to retain a personal injury lawyer to sort it out.

Posted

You may or may not have a claim, depending on exactly what happened here. You should consult with an experienced personal injury lawyer, explain all the facts to the lawyer and find out if you have a viable claim.

Posted

I am sorry to hear that you were hurt in an accident. Whenever you are injured as a result of another person’s negligence (carelessness), you may be entitled to compensation for (1) medical bills, (2) lost wages, (3) pain and suffering, (4) any permanent injury or disfigurement, and (5) inconvenience and loss of enjoyment of life. However, from the limited information you have given me, it is impossible for me to determine whether the accident was your fault, or the fault of one of the other drivers, or some combination. Multi-car accidents are complicated, and you should probably talk to a personal injury attorney who has experience with car accident cases as soon as possible. An initial consultation is free, and an attorney will be able to tell you what steps to take next.
Even if you are partly responsible for the accident, you can still file suit, although you may be able to recover less in damages. This is called comparative fault or comparative negligence. In Georgia, if you are injured in an accident, you can only recover if you are less than 50% responsible for the accident. The court determines the percentage of the person’s own fault. If the plaintiff is 50% or more responsible, then any recovery is prohibited. If the plaintiff is 49% (or less) responsible, then the damages are reduced proportionally.
Regarding your whiplash injury, if you have a doctor or other health provider that you see regularly, you should definitely make an appointment as soon as possible. If you do not have health insurance or the means to pay for medical care, a personal injury attorney may be able to help you see a local doctor. For example, I have been able to arrange for many of my clients to obtain medical treatment at no cost to them, with the understanding that the client will reimburse the treatment providers once the case settles or we win at trial.
In the meantime, please do not speak to anyone (in person or over the phone), except police, about the accident without an attorney present. Insurance adjusters are trained to minimize the damages an injured party can recover and may try to get you to admit fault in the accident. I wish you the best of luck.

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