[Jdtmacias]

I was involved in 2 car accidents. The first accident was a rear bumper collision where I'm at fault because I hit the back of the vehicle. Less than a minute later another vehicle hit me head on. Apparently he did not see the our hazard lights that were turned on after the first collision. The police report says I'm at fault but I don't think I'm at fault for the second collision. Can I sue the second driver? I only have liability, and I ended up with 3 broken ribs, a ruptured colon, and internal beeding. I was in surgery for almost 4 hours.

[joypulv]

You are free to sue anyone you want, but the burden here is on you to prove that the police report was wrong. If the first accident was clearly your fault (and rearending always is), and you then ended up in the oncoming lane, of course that is your fault. Hazard lights are no excuse for being where you aren't supposed to be.

The accident scene isn't making a lot of sense as you describe it. I can't envision how you can rearend a car and then be hit head on unless you were passing, or the jolt was so hard that it knocked you into oncoming traffic. Unless the person who hit you went over the center line, please explain how you think you have a case?

[ScottGem]

Anyone can sue, the question is whether you can win. And the situation you describe doesn't make sense. If you rear ended someone, they should have still been in front of you. So how you could have been hit head on doesn't make sense. And how long afterward were you hit? If you caused the accident by being in the way of oncoming traffic, then you probably will be held to be at fault.

[Jdtmacias]

The first car I hit moved to the right from the collision. The second car came into my lane and hit me head on. The accidents happened about a minute apart.

[Wondergirl]

If the two accidents were only a minute apart, had you had the foresight so quickly to turn on your hazard lights? Or do they come on automatically?

Why did the driver who hit you come into your lane? Had the accident caused your vehicle to cross the center line, perhaps after you hit the vehicle in front of you at an angle? That is, were you trying to avoid him and pushed him to the right while you went left across the center line?

Was this at night?

[ebaines]

Does the police report actually specify that you were at fault for that second accident? Seems to me that if in fact your car was at a full stop, with hazard lights on, that second accident is primarily the other person's fault. I suggest you call the police department and ask to speak to the officer who filed the report. Don't be confrontational - just ask what the reason is that he said you were at fault. And yes- you can sue. I suggest you talk with an attorney who works on a contingency basis to see if it's worth pursuing - the consultation shouldn't cost you anything. Lastly - I hope you have a successful recovery.

[joypulv]

You are really saying that you were hit head on while in the correct lane for your car, that he crossed the center line? And that is where you were when the police arrived?

[Fr_Chuck]

There can of course be two cars at fault in multiple accidents, and in fact there should be two separate accident reports in this case. ( was there ?) you are at fault in the first, and you may have some partial fault if your car was not able to be seen or was in a wrong place due to the first wreck, but the driver who was in the wrong lane and the driver who hit you should have at least some fault.


Next the police report is only one bit of evidence, esp if you get a ticket and plead nolo, so your traffic ticket can not be used in civil court. They can use the police report, but that report only shows what everyone said and the officers opinion which can be challenged