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Who is liable for this multi vehicle accident?
(Dallas, Texas )
I recently had a rear end accident. I was hit from behind and by an insured driver while at a red light.
After getting out and talking to the driver a police officer arrived to access the situation while observing the damage in the rear of my vehicle at the request of the officer a hit and run driver hit the vehicle that hit my car causing the original rear end vehicle to strike me.
I landed on my car the insurance company of the rear end car says they cannot determine the extent of liability on their part for bodily injury due to the fact that their not liable for the hit in run part even though their driver caused the whole thing and their insured car hit me.
My question is the insurance company of the original car liable even though no one can say which of the two caused my disc injury.
Well, you have an interesting set of facts and without looking at all the evidence, it is very hard (impossible) to make any kind of decision regarding liability.
However, your logic is correct. If the first vehicle put you on this situation (the only reason why you were on that spot is because of their negligence), then it could be foreseeable that a subsequent vehicle come and rear end you. This type of scenario is explained in the element of causation (the third element of negligence). Please see:
If you read the link above, you will see that it really depends no what view Texas follows (Cardozo or Andrew). It would appear under both theories you might be able to go against the first vehicle.
Perhaps one of the best arguments for you will be that both negligent drivers should be jointly and severely liable for your injuries. What is joint and several liability? One party will pay 100% of your damages and will have to against the other at fault party in an action for contribution (after you are paid, the two at fault parties must figure out who owes what percentage of fault).
Joint and several liability occurs in many way, but one of the ways that could apply to your situation is when two different negligent parties cause an indivisible injury to a 0% at fault plaintiff. Sounds like they cannot determine who cause your injury (first impact or second impact).
There are more complex issues here and you absolutely need a lawyer. To get one near you, please see: http://www.auto-insurance-claim-advice.com/find-a-lawyer.html
I hope this helps,
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