A car cut me off and then stopped quickly, causing me to hit him. The police blamed me for rear-ending him. Can I sue?
You can certainly sue. You’re probably also going to want to fight the traffic citation. There is a general presumption that rear-end collisions are the fault of the driver who actually hit the car in front of them but it’s not a universal rule. It won’t apply in all situations and in the situation described here, where somebody cuts you off and stops suddenly, you have a strong argument that you could not have avoided hitting them under these circumstance and, therefore, you really aren’t at fault. You should not have been cited. If you’re injured, you should be able to pursue a claim against the driver that cut you off.
Julie S. Luhrsen
Attorney Julie Schrank Luhrsen attributes her successes both as a lawyer and also as a leader to the training and experience she obtained while serving as an active-duty Army JAG lawyer. Beyond the many cases she tried, she learned invaluable lessons about leadership and teamwork that she uses daily at her firm and on behalf of her personal injury clients. While proud to hold a Martindale-Hubbell AV Preeminent™ Peer Review Rating, her most gratifying accomplishment was to be the recipient of the American Bar Association’s Legal Assistance for Military Personnel award. In practice in Florida for over 15 years, Julie focuses on representing the injured and providing them the support and legal guidance needed to attain the best result possible. She welcomes the chance to help Florida families recover after serious accidents and from legal wrongs.
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