Being sued due to car accident?

My husband was making a left hand turn in his work truck and was rear-ended by another vehicle, which was then rear ended by another vehicle. The first vehicle to hit my husband said there was smoke in the air so he suddenly couldn't see. The police sent my husband on his way right away as it was obviously not his fault. This was two years ago. Now he just received a court summons from the first vehicles court/lawyer that he is sueing my husband, my husband employer, the second cars driver and his employer. The person giving the summons said to give it to his insurance company within 20 days. But, it wasn't my husbands fault and it wasn't my husbands vehicle, it was his work vehicle. Not sure what to do. If he doesn't respond he is considered guilty and will be charged to pay the $500,000 they want.

They have a long list of 'reason's why they my husband is responsible. It's RIDICULOUS. Each of the 4 they are sueing has the same list. Some examples are "He should have seen the accident coming and moving out of the way" "He must have been fatigued and/or drunk and/or using drugs" etc. etc. I can't believe they are allowed to do this.

First, get a copy of the original accident report filed by the police. Then consult an attorney. The attorney will probably send a letter to lawyer representing the person suing your husband explaining the situation. It should get totally dismissed, but the other attorney (representing the third vehicle) is trying a scatter-gun approach (suing your husband, his work...etc) so that his client's insurance isn't liable for the second persons' vehicle and/or damages.

Good luck,

Tex

Give it to the employers and their insurance if he was on company time and in a company truck. But you must understand that they can also personally sue your husband (doesn't mean they'll win, but he was the operator of the car). What I'm confused on is what is the other driver's accusation as to why they are suing your hubby? Are they saying that your hubby's truck , by chance, was causing the smoke that caused the accident???

As two others have stated, this seems to be a case of 'sue everyone and hope someone pays us to go away'. If the police sent your husband way before they were done with everyone else, the report THEY filed (and the plaintiff has a copy) will make that clear. Consult an attorney, but I doubt you have anything to worry about.

To echo the first reply, without information, we dont see why the person is suing your husband.

and there is a STATUTE of limitations on vehicle accidents (most is 2 years) Check with your state on that.

Your husband has little to worry about. Usually the car that rear ended your husband is liable.

"David C" is right. It's the theory of "let's throw some **** against all the walls and see if we can get some to stick."

This is a case where the plaintiff's attorney is attempting to get the insurance companies to make a settlement rather than go to trial. Such tactics are deplorable, but some attorneys stoop to do it.

Your husband cannot afford to ignore the summons or he will have a default judgment entered against him.

Since he was working and driving a company vehicle, he probably should turn the summons over to his employer to have their insurance company's lawyers respond. It should be done rather quickly because there is a short period of time within which to file an answer on your husband's behalf.

If his employer declines to respond on his behalf, your husband should file a general demur to the charge.

Since your husband clearly is not at fault and would not be liable for any money damages, he has little to worry about provided he responds timely in filing his answer.

Good luck.