Saturday, November 20, 2010

Car accident due to unsafely changed lane of the commercial truck about 14-foot long?

There're 3 lanes at accident place. My car(V1) was on 3rd lane from left %26amp; drove 60mph. Commercial truck(V3) was on 2nd lane %26amp; changed onto mine 55mph without signaling. Before changing lane, V3's tail was at the same line of V1's head. So when I suddenly saw V3 moved to mine, I quickly reacted by turning my steering wheel to the right and pressing the brake pedal (V1 %26amp; V3 had no physically contact). At this point, V1 lost control %26amp; spun half round to 2nd lane %26amp; faced backward to coming traffic; therefore, another pick up truck(V2) hit to front head of V1 %26amp; V1 turned another half round %26amp; stopped at roadside next divider. V3 kept driving away. A witness saw company name on V3, %26amp; reported to police. Police found V3 driver. In police report, V3 driver said he didn't change lane %26amp; aware of the accident. The conclusion of police in police report was V3 driver ';unsafely changed lane'; %26amp; he was a 3rd party involved in accident. How many % do you think I can win this case at small claim court?Car accident due to unsafely changed lane of the commercial truck about 14-foot long?
The police report faults the commercial vehicle,so you have a chance. But the judge will look at a % of culpability for all parties. You don't mention if the police report faults any other drivers. That can have an impact. You may win only a % of your claim, depending on your % of culpability (as determined by the judge after looking at the evidence (police report and testimony.))Car accident due to unsafely changed lane of the commercial truck about 14-foot long?
Since he didn't contact you, I would say you're sh@#t outta luck.
unless they bring in lawyers to fight it until do give up the odds are 99% that you win the ticket is the proof that the van driver was the cause of the accident especially with the witnesses testifing for you that the van (its know as a commercial van) was the cause your may get some responciblity because you over reacted (which will lower the amount that you will receive ie 10,000 and you are responcible for 20% then take off 2,000) but the driver was legally the cause of the accident
Honestly you should have hit your brakes and stayed straight. You would have avioded the accident completely.
I agree that you have a case with the witness and the police report. I don't think the amount of over steer you inflicted will greatly matter when you have a large truck running you down. I would only look into whether you should be in small claim court. There is a $ limit, and you need a lawyer. Don't sue anyone until you consult with an lawyer. Good luck.

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