Is only the other driver legally responsible for this accident? Why? 13 Answers as of June 05, 2015

I was in a bad traffic accident on a highway because the brakes in the car of the other driver were not working properly. This was cited in the police report. I was rear ended and suffered significant injuries to my lower body and back. Is the other driver the only person who can be held legally responsible for the accident?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Stephens Gourley & Bywater | David A. Stephens
Generally yes, unless someone failed to repair the brakes or the car is owned by someone other than the driver.
Answer Applies to: Nevada
Replied: 6/5/2015
Law Office of Lisa Hurtado McDonnell | Lisa Hurtado McDonnell
Well if the brakes were defective then you would have a case against manufacture. If they were poorly maintained the it would the car owner fault.
Answer Applies to: Utah
Replied: 6/5/2015
Law Offices of Robert Burns
Law Offices of Robert Burns | Robert Burns
No, but I lack information as to who else is involved and may be at fault.
Answer Applies to: California
Replied: 6/4/2015
Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
Based on these facts, and assuming there are no other relevant ones, yes.
Answer Applies to: Wisconsin
Replied: 6/4/2015
Law Ofices of Edwin K. Niles | Edwin K. Niles
The owner, if different from the driver, is also responsible. The other possibility would be the mechanic, if the brakes were just worked on.
Answer Applies to: California
Replied: 6/4/2015
    Law Offices of Carl L. Brown | Carl L. Brown
    Your question does not contain sufficient facts upon which to base an opinion. You should contact an experienced personal injury attorney for consultation.
    Answer Applies to: California
    Replied: 6/4/2015
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    The other driver and the owner of the other car as well are possibly liable if there were major injuries and you had insurance. Your car is covered by your no fault.
    Answer Applies to: Michigan
    Replied: 6/4/2015
    James E. Hasser, Jr. P.C.
    James E. Hasser, Jr. P.C. | Jim Hasser
    Maybe, maybe not. I would need to know more about the facts. Consider consulting an experienced injury lawyer. Good luck.
    Answer Applies to: Alabama
    Replied: 6/4/2015
    Gates' Law, PLLC | Thomas E. Gates
    You should file your claim with their insurance company.
    Answer Applies to: Washington
    Replied: 6/4/2015
    Gregory M Janks, PC
    Gregory M Janks, PC | Gregory M Janks
    In Michigan the owner of a motor vehicle that is used with permission or consent is also responsible for any liability incurred by someone driving the vehicle with that permission/consent.
    Answer Applies to: Michigan
    Replied: 6/4/2015
    Ezim Law Firm | Dean Esposito
    I would need more details, but the driver who rear-ended you is probably the only person liable. Your policy may provide additional funds to you depending on the type of coverages you have on your insurance policy.
    Answer Applies to: Louisiana
    Replied: 6/4/2015
    End, Hierseman & Crain, LLC | J. Michael End
    The other driver and his or her automobile insurance company would be liable. If there is inadequate liability insurance coverage to pay for all of your damages, then you could also have an underinsured motorist claim against your own automobile insurance company. The only other potentially liable party might be the shop that worked on the brakes, assuming that recently happened.
    Answer Applies to: Wisconsin
    Replied: 6/4/2015
    Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
    You could also sue the manufacturer of the car, of the brakes, and of any service facility that did work on the brakes. You would also sue the owner of the car.
    Answer Applies to: Michigan
    Replied: 6/4/2015
Click to View More Answers:
12 3 Free Legal QuestionsConnect with a local attorney