Not all personal injuries in Buffalo automobile accidents occur to the drivers of the vehicles. When a passenger suffers serious injury and initiates a personal injury lawsuit, which driver is responsible will be based on the specific facts of that case.
Generally, an injured passenger may proceed with a personal injury lawsuit against the driver who was responsible for that injury. In some cases, such as cases involving a moving motor vehicle striking the rear of a stopped vehicle, determining who was responsible may be a fairly cut and dry determination. In other cases, both drivers may bear some of the responsibility for the accident and thus both bear some liability for a passenger’s injuries.
Even if a driver did not directly engage in the conduct that led to an accident, he or she may still be liable for failing to take appropriate evasive action. This requires, however, that the driver have sufficient time to react to the actions of the other driver. This can prove a very difficult determination to make.
As a result, determining whether to proceed against one or both drivers often requires an experienced personal injury attorney who understands the nuances of this area of law. If you have been involved in an auto accident and have any questions regarding this topic, please feel free to call my office at 716-542-5444. We would be happy to help you.
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