More details to this question:
I was in a car accident not too long ago. I'm a delivery driver for a privately owned company. I was on my way back from a delivery and did not stop in time because I was unable to determine the color of the traffic light. I rear ended the person in front of me and had minor injuries. The other driver did not have insurance and claimed the car was her cousin's car. My car is in my mother's name and I'm not under the insurance. Her insurance is paying for my injuries, but I was curious if I would be able to sue either the city or the other driver. I haven't been told yet how much we are getting for the vehicle, but we believe it's going to be considered totaled. I looked up the kelley blue book and found out I might only get a thousand dollars for a new car.
1 ANSWER
Accidents Attorney serving Gig Harbor, WA
at
Law Office of Charles J. Brocato
Update Your Profile
Whether or not you could see the color of the light is not a defense. When two vehicles are proceeding in the same direction in on a public highway, the primary duty of avoiding a collision is on the driver of the following automobile. Izett v. Walker, 67 Wn.2d 903, 907, 410 P.2d 802 (1966). This is know as the "Following Car Doctrine." Under the Following Car Doctrine, in the absence of an emergency or unusual condition, the following driver is negligent if she runs into the automobile ahead. Flaks v. McCurdy, 64 Wn.2d 49, 51, 390 P.2d 545 (1964). A driver of a following automobile has a duty to keep a distance from the automobile ahead and to maintain such observation that by reasonable care an emergency stop as may be dictated by traffic conditions may be made. Billington v. Schaal, 42 Wn.2d 878, 259 .2d 634 (1953). See also Torrez v. Peck, 57 Wn.2d 302, 356 P.2d 703 (1960) (following driver has duty to keep distance sufficient to allow emergency stop); Miller v. Cody, 41 Wn.2d 775, 252 P.2d 303 (1953) (same).
This response is general in nature and is not legal advice. No attorney client relationship is formed by it. Further, the response does not represent the opinions or views of LexisNexis or its affiliated companies.
Answered on Aug 26th, 2012 at 7:55 PM