Because lawyers always sue all possible drivers and then let things get sorted out in court.
I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases. Feel free to check out my web site and contact me at (212) 385-8015 or via email at Eric@RothsteinLawNY.com. The above answer is for informational purposes only and not meant as legal advice.
It is possible that you can be sued. You should report the incident to your insurance carrier, if you have not already done so. You should also consult with an attorney in your community for both your injuries and concern about being sued. Most attorneys give a free initial consultation.
No one has determined your fault, as a claim against you has not gone to a jury verdict. Anything before the verdict is argument and speculation and facts to be proved. You should turn this entire matter over to your automobile liability insurance carrier and cooperate with their investigation. They have an obligation to investigate, defend you and indemnify you if necessary, up to the limits of your automobile liability insurance policy. Immediately turn over the summons and complaint to your carrier and demand that they defend you in the lawsuit. Keep a copy of your transmittal letter and enclosures. Once your carrier has appointed a defense attorney to represent you, I suggest that you have a face-to-face conference with the attorney to determine your status in the litigation.
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Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.
Although you will probably be found not at fault, that will not occur until the dust settles and the case is resolved. Attorneys will cover their basis and sue everyone. They may try to have your insurance company pay something to settle the case. You should contact your insurance company immediately, and let them start defending your interests. If this answer was helpful, please mark helpful.
This communication does not create an attorney-client relationship. This means that I am not your lawyer and I will not appear in court simply by posting on this site. If you would like me to represent you, you must call my office, sign a written fee agreement and pay a legal fee, assuming I do not have a conflict of interest and you are in Southern California. If I respond to your question and you have follow up questions by posting on this site, I may or may not reply. This information should not be construed as legal advice. I am offering my opinion. Each person's case is unique, and that's why you should contact a lawyer over the phone for a consultation for your situation. That's why you should not rely on any response that an attorney posts on this site. I am licensed in California. I am not licensed in another state or country. I do not practice law outside of California.
Yes you can be sued but if the evidence is as strong as you say it is then the case against you should not go very far. Your attorney, hired by the insurance company, will have to go through the discovery process and then move for dismissal of the case agyer everyone testifies about the accident.
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