If I swerved to avoid hitting another car and had an accident, canI be sued?

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If I swerved to avoid hitting another car and had an accident, canI be sued?

The vehicle in front of me slammed on his brakes causing me to slam on my brakes. Since it was raining at that time my vehicle slid and to avoid hitting the vehicle in front of me I attempted to switch lanes. This caused my vehicle to spin out. I came to a complete stop avoiding hitting any vehicles but then a vehicle behind me came crashing into my rear-end. Her vehicle was totaled and now she’s suing me. She claimed in court that there was bumper-to-bumper traffic but I say that if there were bumper-to-bumper traffic, there’s no way you’d total your vehicle.

Asked on September 16, 2010 under Accident Law, Minnesota

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

The police report will be used to determine liability in the auto accident.  Since you were already stopped when the other driver hit you, she may have been driving at excessive speed in the rain.  If comparative negligence is applicable in your state, the percentage of liability of each party will be determined and each party is then liable for that percentage.  For example, if a court determines that you were 60% liable and the other driver was 40% liable, you would only be able to recover 40% of your damages (the amount of compensation you are seeking) from the other driver and the other driver would only be able to recover 60% of the damages she is seeking.  These figures are just for purposes of example and are not the actual figures that a court applying comparative negligence may assess.  If your state does not have comparative negligence, you should argue that the other driver is liable for the rear-end collision.  If you have insurance, your insurance carrier will provide you with an attorney at no cost to you.


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