Legal Question in Civil Litigation in California

Re: traffic accident where person was injured

Can they do this? Yes.

Can they win? That will depend upon the facts.

What should she do? She should report the claim to her auto insurance company. This is what liability insurance is for.

Re: traffic accident where person was injured

Your friend should contact her auto insurance company as soon as possible. The insurance company has a duty to provide her with an attorney to defend her and pay any damages that she may be found liable for, up to the limits of her policy.

The law requires every driver to drive at a speed that will allow them to stop without hitting the vehicle ahead, regardless of how suddenly or why the traffic ahead came to a stop. Unfortunately, many California drivers pay no regard to safe following distances--until they have slammed into the rear of another car on the freeway.

From what you have written, it appears that your friend was going too fast to stop in time and therefore had to swerve out of her lane, and this may have caused the other driver to hit the bus. If this chain of causation can be established, your friend could be held liable for the bus passenger's injury. [The only possible escape I can imagine might be a scenario where your friend could prove that the sudden stop was due to an accident ahead caused by someone else's negligence, and therefore pass some or all of the fault on to that third party negligent driver.]

I therefore repeat: She should contact her insurance company right away and let them worry about who is liable. (If she was driving without insurance, she really is foolish, and should contact a lawyer directly, with her checkbook in hand to pay the lawyer to defend her and/or advise her about bankruptcy options.)

Re: traffic accident where person was injured

Your friend can be sued. Whether the passenger will be successful is unknown. Your friend should notify her automobile insurance company. If she does not have auto insurance, then she may need to settle the case or file bankruptcy.