Livingston, TX Personal Injury Law Firms & Lawyers

It appears that the defendant's attorney can assert that the collision would not have happened without your negligence: the defendant's car was stationary, and you hit it because you did not see it in time (the language the defendant's/insurance company's attorney will use will be "not paying attention to the road while driving at excessive speed"). It does not matter whether this argument is fair or a total BS, your opponent will milk it dry - and might convince the court. Depending on where the accident occurred, in New York or in New Jersey or Connecticut, your negligence might reduce the damages you can recover or, if the jury finds you >51% at fault, bar any recovery. When you "go after" the person who caused you harm, in effect, you go after her insurance company; and you can be sure that the insurance company will have an attorney defending it's money. So, even in a clear cut case, getting a decent settlement is not a do-it-yourself project. Under your circumstances, retaining an attorney as soon as possible seems like a very good idea.

Assuming you had car insurance at the time of the accident your car insurance company will handle the claim of the other driver. You should make sure you provide your insurance company the information about the accident (what happened; the damage; etc.) as well as the names of the people in your vehicle so your insurance company has the information necessary to fight the claim of the other driver.