Court Case...................help?

F

Flirt_Devil

New member
Based on this situation, who do you think would win the case, or would it be 50/50?

Driver A's car fishtails on black ice and slows to a halt on a freeway
Driver B driving behind can't slow down or change lanes....and hits Driver A

Driver B is fine...the vehicle suffers a fender-bender

Driver A's car spins from the impact....becomes totaled...and EMS has to come in
Driver A is now injured...and even after 6 months of physical therapy and MRI's, Driver A is incapacitated and registered with Disability Services.

Both have a lawsuit against each other. Who is at fault? This isn't homework...it's real life. I just want to know what your opinions are on this situation.
The state both drivers are from have No-Fault Insurance
 
At first glance, I'd say Driver B, for tailgating. There is no reason why B couldn't slow down--unless they couldn't do it fast enough, which is only possible if they were tailgating.

However, you didn't say at what speed Driver A was travelling at when they began to fishtail. Were they driving at an unsafe speed? If it can be demonstrated that A was driving too fast for the poor weather conditions, than I think you could call a no-fault on this one.
 
Back
Top