Legal Question in Personal Injury in New York
Pending Auto Accident Case
I had a car accident Last year. I hit someone from behind. The vehicle I hit was stopped in the middle of the road behind another car that ran out of gas. So there were two cars that were on the road stopped.
I drive home on a small road. A two way road. There are no lights and it gets very dark in the Winter. The road has a lot of turns.
I have herniated discs and buldges in my spine from the accident.
I know whoever hits from behind is at fault majority of the time. A lawyer is handling my case.
My question is, do I have a chance of winning? Any opinions would be great. Thanks.
1 Answer from Attorneys
Re: Pending Auto Accident Case
In any case you have a 50-50 chance of winning. However, based on the facts you presented, it is going to be tough. Your assumption is correct that in most cases when one party rear-ends another, the driver that rear-ends is almost always at fault. You do have some factors in your favor. The fact that it appears to be a tiny road and not well-light is beneficial because there is no reasonable grounds to believe that someone would be stop in the middle. Furthermore an argument can be made that they had a duty to warn of the stalled car.
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