Los Angeles, CA asked in Car Accidents and Personal Injury for California

Q: should a lawyer represent driver and passenger if only the passenger sustained injuries

4 Lawyer Answers
Robert P. Taylor
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Answered
  • Huntington Beach, CA
  • Licensed in California

A: Usually a lawyer shouldn't represent both driver and passenger because there's a possibility, or at least an argument might be made, that the driver is at fault or at least partially at fault. Obviously it's a conflict of interest if the lawyer represents the driver, well at the same time representing the passenger against the driver. A passenger's attorney should be considering all Avenues of recovery. This eans against the driver of the vehicle he's in in the other vehicles that were involved in the accident.

Patrick William Steinfeld
Patrick William Steinfeld
Answered
  • Personal Injury Lawyer
  • Coronado, CA
  • Licensed in California

A: "Can" a lawyer represent both parties? Yes, as long as each client signs a Waiver of Conflict of Interest.

"Should" a lawyer represent both parties? There is an inherent conflict of interest.

James L. Arrasmith
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Answered
  • Personal Injury Lawyer
  • Sacramento, CA
  • Licensed in California

A: It's generally possible for a lawyer to represent both the driver and the passenger, even if only the passenger sustained injuries. However, potential conflicts of interest should be carefully evaluated and addressed. The attorney must prioritize the best interests of both clients and ensure that any potential conflicts do not compromise their legal representation.

Tim Akpinar
Tim Akpinar
Answered
  • Personal Injury Lawyer
  • Little Neck, NY

A: If only the passenger sustained injuries, the driver's aspect of the claim sounds like it could be property damages. If liability is contested between the two vehicles, then the resolution of the PD claim could arguably raise issues. Good luck

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