Legal Question in Traffic Law in California

So a few months ago I was a passenger in a car accident. Our car and the person who hit us were both speeding, and all of a sudden this person hit our car. Since our insurance company basically hasnt helped we were advised by a lawyer to take it to small claims court. My question is, since we were both speeding, would we lose? We did not cause the accident but we were speeding.


Asked on 3/06/13, 6:09 pm

1 Answer from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

Without other facts, it sounds like you might have a claim against the driver of the vehicle in which you were a passenger for negligence, as well as the driver of the other vehicle. You have two years to file a lawsuit for personal injury. You should not retain the same lawyer as does the driver of the vehicle in which you were riding because of the conflict of interest.

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Answered on 3/14/13, 4:50 pm


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