Memphis, TX Personal Injury Law Firms & Lawyers

It appears that the defendant's attorney can assert that the collision would not have happened without your negligence: the defendant's car was stationary, and you hit it because you did not see it in time (the language the defendant's/insurance company's attorney will use will be "not paying attention to the road while driving at excessive speed"). It does not matter whether this argument is fair or a total BS, your opponent will milk it dry - and might convince the court. Depending on where the accident occurred, in New York or in New Jersey or Connecticut, your negligence might reduce the damages you can recover or, if the jury finds you >51% at fault, bar any recovery. When you "go after" the person who caused you harm, in effect, you go after her insurance company; and you can be sure that the insurance company will have an attorney defending it's money. So, even in a clear cut case, getting a decent settlement is not a do-it-yourself project. Under your circumstances, retaining an attorney as soon as possible seems like a very good idea.

Your case needs investigation by an attorney. If the police policies on deadly force were not followed there may be libility for the city but many cities have notice requirements that limit recovery if they are not put on notice quickly.

If the driver had no insurance, and the owner likewise had no insurance, and if your PIP will cover $10,000 and your UIM will cover $100,000, then as concerns the parties involved in the accident, if your insurance covers $110,000, then the only way that you can expect to recover over and above your own insurance is to file suit against the other parties and hope that they are not candidates for bankruptcy. If the driver was not drunk, and/or under the influence of drugs, and did not deliberately cause the accident, any recovery you might get from her could be discharged in bankruptcy.