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Ely
Ely, Attorney
Category: Traffic Law
Satisfied Customers: 541
Experience:  Private practice
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Last year I had a car accident, and 3 cars were involved,

Customer Question

Hello,
Last year I had a car accident, and 3 cars were involved, the first car had a problem with his car and was not able to move his car with flashers on, on a rainy day at Frankfort Road between Tollway and and Pear Ridge with a curve which is not in the sight at all. So I hit the first car and suddenly another car hit me from back. Now the third car made a lawsuit against me. My question is why I am for third car at the fault too?
Aghdas Abootorab
Submitted: 4 months ago.
Category: Traffic Law
Expert:  Legal-Kal replied 4 months ago.

Good evening Aghdas:

My name is ***** ***** I would be happy to provide general information regarding your question.

At the outset, it must be stated, that when filing a lawsuit as a result of an accident, a Plaintiff's attorney will always err on the side of caution. What this means is that when it is not 100%, UNDER THE LAW AND FACTS, who is at fault for the accident, the Plaintiff's attorney will include all those involved in the accident.

Here, from what you have provided, the Plaintiff's attorney is most likely erring on the side of caution and including you in the lawsuit too (because if they filed a lawsuit without including the individual who may be at fault for causing the accident, the case may be dismissed.)

Second, when a lawsuit is in the insurance claim process (which is the stage prior to a lawsuit), a Plaintiff's attorney is not privy to all the facts and information that they would otherwise be entitled to learn after a lawsuit is filed. Essentially, because the Plaintiff's attorney may not know all the facts of the case (including that fact that the first car was stopped on the road near a curve), prior to filing the lawsuit, they would have to include you so they can learn more about the facts (and then make the determination as to who was legally at fault for the accident).

I will pause here for a moment and allow you to ask me any questions you have based on what I have provided thus far.