Legal Question in Personal Injury in New York

in a personal injury case, can a attorney represent driver and passenger in a motor vehicle accident involving a rearend collusion in state of new york.

Asked on 2/08/12, 8:02 am

2 Answers from Attorneys

It is possible, yes, but only if the passenger agrees not to sue the driver/owner of the car rear-ended. Still, the attorney would be taking a risk in case the rear-ended driver could be said to be at least partly responsible for the accident (say a short stop). It is better that one attorney represent the passenger only in a lawsuit naming the owners and drivers of both cars as defendants. The driver of the rear-ended car would then need one attorney for defense (provided by the insurance company) and another to prosecute his own case for personal injury. Best, M.E. Zuller

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Answered on 2/08/12, 8:29 am
Michael Krigsfeld William Schwitzer & Associates, P.C.

Generally, in a rear end collision, an attorney may represent both the driver and passanger for the same accident as long as there is no liability on the driver of the vehicle who got rear-ended (those situations are rare but do occur, such as a short stop with no reasonable excuse such as an emergency). For an absolutely FREE consultation please contact me at 347-702-4133 or by email at [email protected].

Michael Krigsfeld, Esq.

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Answered on 2/09/12, 7:27 am

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