Legal Question in Personal Injury in Colorado

Your son is riding in a car. The driver is crazed and distressed, runs a stop sign and then hits the breaks. The car stops in the middle of the intersection. A second car comes and slams into the first car. Your son dies in the accident. Can you sue the person who was driving the first car or the second car?

Asked on 1/10/12, 11:59 pm

3 Answers from Attorneys

Stephen McWhirter Chalat Hatten & Koupal PC

I am very sorry to hear about your loss. Generally speaking, a person can bring a lawsuit against either or both of these drivers. I would need to know more facts before advising you as to whether or not you or someone else could bring a suit in this particular case. If you would like to discuss this further, please call me at (303) 861-1042.

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Answered on 1/11/12, 6:15 am
Jason Savela The Savela Law Firm, PC

both can be sued

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Answered on 1/11/12, 8:10 am
Jim Avery Avery Law Firm (NY-CO-IN)

Generally, any negligent driver can be sued when a passenger (your son) is injured...the key is whether there was a violation of traffic laws (called negligence 'per se') or lack of due care (ordinary negligence). Fault is apportioned by a judge jury in cases such as this. Feel free to contact me or check my website for further information and results in similar cases.

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Answered on 1/11/12, 10:55 am

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