QUESTION

Is there something I can do after being accused of causing an accident?

Asked on Dec 10th, 2013 on Automobile Accidents - Alabama
More details to this question:
I had noticed the over pass was backed up. At the last minute I jumped over to get onto the on ramp, in the process of switching lanes the driver in the lane that I switched into had felt that I had cut him off, so he starts flashing his hi-beams multiple times, I had slowed down a bit because when I jumped over I felt that I was too close to the car in front of me. I was continuing down the on ramp, while he was still hi-beaming me and in the processes blinding me (it was dark out) and on my bumper, I was finding it hard to concentrate and I couldn't use my side mirrors to help me merge on to the on ramp. So I had slowed down again just before it starts to merge to try and see if I was able to get over. At this point he leaves his high beams on and gets even closer onto my bumper (with in about a foot of my bumper) at that point I couldn't see to get over. While trying to avoid an accident, I tried to pull off to the side of the on ramp to let him pass and avoid an accident. when I had slowed down for the third time now because I was trying to pull over he wasn't able to get his foot on the break in time and he rear ended me. He gets out of the car screaming, yelling at me, and using profanity. I had remain calm knowing that justice would be served for his road rage. The car behind him that wasn't involved in the accident that had stayed, I hadn't spoken a word to the witness for the whole hour we waited for the cop, the witness and the guy who had hit me talked the whole time. When the cop got there he pulled the witness aside talked to him alone and then let him go, he then talked to me and half way through my story he had stopped me and said "I already know what happened I have a witness" and walks away from me. He then talks to me and the other driver. He then accused me of break checking. In the end I got a careless and I could've sworn he got a reckless but it wasn't in the report, the report is written to make it look like I had caused it by break checking.
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4 ANSWERS

Personal Injury Attorney serving Salt Lake City, UT at William Enoch Andrews Injury Lawyer
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Based on what you wrote in your fact statement, you should have your car insurance company fight this because the other driver caused the car accident. At a minimum, the other driver should be found to be what we injury lawyers call "contributory negligent", which means he at least contributed to causing the car accident based on his "road rage" negligence.
Answered on Dec 17th, 2013 at 4:51 AM

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Ronald A. Steinberg
Dude, You DID cause the accident. The law requires you to 1) signal well in advance of a lane change, and 2) to make certain that a lane change will be safe. You did neither. You were going too fast; you were not paying attention to the traffic ahead. You created YOUR crisis, and then expected the other car to read your mind.
Answered on Dec 17th, 2013 at 4:50 AM

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Personal Injury Attorney serving Charlotte, NC at Paul Whitfield and Associates P.A.
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Seems to me you may not have caused the accident but you certainly contributed to it, and that is all that counts. If both of you have some degree of fault neither insurance will pay a dime. Tell your carrier what happened and let them handle it. if you are concerned about the traffic ticket hire you the best traffic court lawyer in town.
Answered on Dec 17th, 2013 at 4:50 AM

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James Eugene Hasser
Not much other than to talk to the cop and tell them your side of the story. If they won't change the report, there's really not much you can do. Tell your insurance company what happened, though. They'll listen.
Answered on Dec 17th, 2013 at 4:49 AM

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