Questionhi i was recently in a car wreck. i was the passenger in my friends car and as we were driving down the high way we struck a parked car in the fast lane the car had ran out of gas i later found out and the car couldn't make to the emergency lane it broke down there in the highway. it was already dark out and the car was a black s u v with no emergency lights on so there for we were unable to see the car until it was far to late. however there is a twist to this story. as we were driving down the hwy a cop had gotten a call about about a disabled vehicle on the highway (referring to the one we hit) well the cop was behind us and started his lights so we started to switch over lanes in order to pull over bc we thought we were being pulled over. the cops lights stayed on behind us and seem like we were what he was after but as he later told us at the hospital he was flashing his lights to get to the disabled car to prevent anything from happening. but it did. so i have some questions...
1.is this guy going to be automatically at fault due to his negligence of running out of gas on the highway?
2.his insurance company is trying to tell me that he is not at fault? i have a lawyer and we are suing but are they just trying to play hard ball?
3.im the only one who had injuries. i was hospitalized for 5 days after the wreck and wound up having a broken leg with a thigh cast on my right leg then a broken foot on my left leg a lacerated kidney and bruised ribs.
4.what do you think is going to happen in all of this? this guy has taken the ability to walk from me due to his irresponsibility and at least 6 months of my life how could he not be at fault? also he wsa cited that night by the cop who had been behind us no one else was cited
AnswerIona,
Sorry to hear about your situation. Here's my thoughts:
1) My guess is that the other driver will be found primarily responsible. If there was a shoulder he could have pulled over onto then that would help your case. The driver of your vehicle might also be found somewhat responsible for not "seeing" the disabled car but that doesn't hurt your case and might actually help if the other driver doesn't have enough insurance.
2) My gut reaction is that they are just trying to play hardball. You'll have to look at the police report to determine who is at fault. If you and the driver of your car have a similar story my guess is that the other car will be found primarily responsible.
3) Those are serious injuries. Good luck recuperating.
4) I think you have a very strong case for liability. I hope the other driver has sufficient insurance to cover your injuries. If I were handling the case I would be looking for a low-to-mid six figure resolution.
Best regards,
Ernest Ferraro
