QUESTION
Is only the other driver legally responsible for this accident? Why?
Asked on Jun 04th, 2015 on Personal Injury - Michigan
More details to this question:
I was in a bad traffic accident on a highway because the brakes in the car of the other driver were not working properly. This was cited in the police report. I was rear ended and suffered significant injuries to my lower body and back. Is the other driver the only person who can be held legally responsible for the accident?
12 ANSWERS
Lisa Hurtado McDonnell
Well if the brakes were defective then you would have a case against manufacture. If they were poorly maintained the it would the car owner fault.
Answered on Jun 05th, 2015 at 12:42 PM
Personal Injury Law Attorney serving San Diego, CA
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Law Office of Robert Burns
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No, but I lack information as to who else is involved and may be at fault.
Answered on Jun 04th, 2015 at 5:24 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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Based on these facts, and assuming there are no other relevant ones, yes.
Answered on Jun 04th, 2015 at 5:23 PM
Edwin K. Niles
The owner, if different from the driver, is also responsible. The other possibility would be the mechanic, if the brakes were just worked on.
Answered on Jun 04th, 2015 at 4:36 PM
Your question does not contain sufficient facts upon which to base an opinion. You should contact an experienced personal injury attorney for consultation.
Answered on Jun 04th, 2015 at 2:46 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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The other driver and the owner of the other car as well are possibly liable if there were major injuries and you had insurance. Your car is covered by your no fault.
Answered on Jun 04th, 2015 at 2:00 PM
James Eugene Hasser
Maybe, maybe not. I would need to know more about the facts. Consider consulting an experienced injury lawyer. Good luck.
Answered on Jun 04th, 2015 at 1:32 PM
Thomas Edward Gates
You should file your claim with their insurance company.
Answered on Jun 04th, 2015 at 1:32 PM
Auto Attorney serving Bloomfield Hills, MI
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Gregory M. Janks, P.C.
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In Michigan the owner of a motor vehicle that is used with permission or consent is also responsible for any liability incurred by someone driving the vehicle with that permission/consent.
Answered on Jun 04th, 2015 at 12:20 PM
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I would need more details, but the driver who rear-ended you is probably the only person liable. Your policy may provide additional funds to you depending on the type of coverages you have on your insurance policy.
Answered on Jun 04th, 2015 at 12:19 PM
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The other driver and his or her automobile insurance company would be liable. If there is inadequate liability insurance coverage to pay for all of your damages, then you could also have an underinsured motorist claim against your own automobile insurance company. The only other potentially liable party might be the shop that worked on the brakes, assuming that recently happened.
Answered on Jun 04th, 2015 at 12:19 PM
Ronald A. Steinberg
You could also sue the manufacturer of the car, of the brakes, and of any service facility that did work on the brakes. You would also sue the owner of the car.
Answered on Jun 04th, 2015 at 12:11 PM