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I rear ended a vehicle that was stopped on the interstate is he responsible for fixing my car there was no traffic flow issue
Anonymous5 views6 answers
when merging into another lane I saw that the vehicle ahead of me you had come to a complete stop I slammed on my breaks and slid into his rear end there was no reason for him to be stopped other than him trying to figure out where to go I cannot see how this is my fault please help me I have lost my $10,000 car because of somebody else who apparently didn't know where we're going
There are many factors that come into play with "fault" for a collision. Look at the police report. Does it place one or the other of you at fault? No matter who is at fault, you need to let your insurance company know by reporting the collision.
May be partly the other drivers fault, but also yours. You are supposed to be driving at a speed and paying attention, so that if a vehicle ahead has stopped for some reason, you will not hit it.
As the pursuing vehicle, did you have the last clear chance to avoid the collision? This may be a factor. Automobile accidents like this are evaluated using a negligence standard. That is a legal duty, breach of that duty, legal and factual causation, and damages. You both owed a legal duty to safely and reasonably operate your vehicles, the question is who breached that duty and to what extent and what caused the damage, your conduct, the other driver's conduct, or both. In an effort to resolve these types of issues, a comparative fault analysis often comes into play where the conduct of both parties is compared to determine who is primarily at fault and to what extent. These are very complicated legal doctrines which would come into play if you were to file a civil lawsuit and let a jury decide the issue. But from what I am seeing, you don't have any personal injuries, so many personal injury attorneys would probably turn your case away because the time, energy and effort in pursuing this type of case are simply not worth it, especially in Mississippi, where tort reform measures and poisoning has made recovery difficult. And in light of this, many personal injury attorneys know that if suit were filed the defense lawyers assigned to the case would likely work a case like this to death in an effort to make some monthly budget for their respective firm, making it cost prohibitive for you to break even. In other words, the costs of pursuing this claim in court would likely exceed the recovery. It is an unfortunate state of affairs, in need of desperate reform, but in my opinion, a correct analysis.
So in concurrence with other, turn it over to your insurance company.
