回複：我下班路上開車直行

Chances are you may have to retain a lawyer anyway because the driver in the front may have a cause of action against you.

Between you and the driver who hit you from behind, it is a clear case of negligence, if no intent can be found. Both of you drive on the road and each of you owe the other a duty of reasonable care. His conduct is clearly a breach of that duty. The remaining questions are damage, cause in fact and proximate cause. Damage is obvious, your car is damaged, you are having waist problems, you may have to quit your job or even if you don't quit, you may have to take a parttime or take a medical leave anyway. Depends on what coverage the tortfeasor has, his insurance may pay for your medical bills and your car repair, but not your prolonged health recovery or anything would happen to your job. Or, it is just simply not enough coverage. The rest of the money you may have to get through court. Causation is not a problem at all, but for his conduct you would not have been injured and the harm is reasonably foreseeable by his conduct. You have a prima facie case of negligence against him, provided that he does not have any excuse, such as a medical emergency. I would ask for instructions from a lawyer or the insurance company then decide which doctor to see.

Now, the driver up front may have the same cause of action against you as well. Yes, you may claim that you were a little unconscious at the time so that you hit his car. The problem is that it is up to the judge/jury to determine whether that unconsciousness was reasonable. In another words, whether a reasonable person would do the same under the same circumstances. It may be that you were too close to him. The problem is that how you prove your unconsciousness. The jury could conclude that it was due to your slow response, then you will be liable for the damage, because a reasonable person would not have slow response. For example, insanity is not a defense because a reasonale person is sane. In such case, you need to get contribution from the driver who hit you.

所有跟帖： 

• You are not familar with the insurance law. -6740- ♀ (612 bytes) () 12/23/2005 postreply 16:07:06

• You are talking about different things -68156- ♀ (1989 bytes) () 12/23/2005 postreply 17:12:10

• You didn't get it. I was not talking about different -2423- ♀ (1285 bytes) () 12/24/2005 postreply 09:53:21

• Again you missed the point -68156- ♀ (1189 bytes) () 12/24/2005 postreply 11:51:30

• 回複：Again you missed the point -16962- ♀ (274 bytes) () 12/26/2005 postreply 12:22:38

• the lawyer get it all!!! -10125- ♀ (173 bytes) () 12/26/2005 postreply 22:28:24