Visitor Question

Automobile Accident Personal Injury…

Submitted By: RJ (Arizona)

We reside in Arizona but we were in a rear end car accident in California (my wife, my 2 young kids, and I). We were struck from behind when we were stopped due to freeway construction. The driver was going 65mph but failed to stop.

First responders came on scene and transported my family to the hospital. Now, a day later, everyone is feeling massive pain throughout their bodies. To describe the force of impact: my son’s booster chair split in two, the interior front seats are tweaked, the bed of the truck pretty much folded in half, and my motorcycle was crushed from it being in the back.

The truck I was driving was my friend’s and I had a motorcycle in the back of the truck. The impact of the accident damaged the whole bike.

Will the party at fault be fully responsible for the damages to the truck as well as my personal property (the motorcycle) that was on the truck? How about mine and my family’s medical bills? Lastly, should I get an Arizona lawyer or a California lawyer? Thanks for your help.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear RJ,

RJ:

Clearly liability falls on the shoulders of the driver who ran into you. As long as your brake lights were visible and operating properly, the at-fault driver is clearly the culprit in this case.

From the facts you present the at-fault driver should be completely liable for ALL injuries to the passengers and for the damage to the truck you were driving, regardless of whether you were the owner or not. In addition, the damage to the motorcycle should also be fully compensable.

Because the collision or “venue” of the collision occurred in California, you all would be best served by retaining an Attorney in California. You would be better served by finding a Personal Injury Attorney in the specific county in California in which the collision occured.

It is important for every single passenger not to speak with any insurance company other than your own. (Although the only reason for speaking with your own insurance company would be if the at-fault driver did not have enough liability and property damage insurance to cover all the injuries and property damage).

Speaking with a representative or “Claims Adjuster” for the at-fault driver’s insurance company can have adverse consequences. It would be in everyone’s best interest not to speak to anyone other than your doctors and a qualified Personal Injury Attorney from California.

In cases like this it is very important for all the passengers to remain united and not splinter off. As long as there aren’t any conflicts between or among the passengers, one Personal Injury Attorney should be able to represent you all. Speaking with a Personal Injury Attorney will most probably cost nothing. Not speaking with one could cost you everything.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: May 30, 2011

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