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Attempt to change lanes and had accident

Discussion in 'Auto Accidents, Injuries' started by kellykent, Mar 10, 2012.

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  1. kellykent

    kellykent Law Topic Starter New Member

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    I have a question about if I am at fault (Driver 1).

    I, Driver 1, was driving in the far right lane and a big truck pulled out in front of the two vehicles in front of me. Both vehicles changed lanes and went into the left lane. So, I looked up and into mirror, and started to attempt to merge to the left lane, granted I never even crossed the line. The Driver 2 was in the left lane and I assume thought I was going to pursue the lane change. Driver 2 jerked her wheel to the left so hard that she lost control of her vehicle and her car completely turned around and came at me with her front right bumper and hit my back left passenger door. Granted, I NEVER changed lanes! She totally overreacted and I was traveling in the same lane I originally was in, the far right lane, when she struck my vehicle. The officer is saying that "I was the reason she lost control of her vehicle because she thought I was changing lanes and that I guess some people control their vehicles better than others." I am upset and just want to know if I am totally at fault for this! Thanks!
     
  2. army judge

    army judge Super Moderator

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    Only a court adjudicates fault.
    The officer believe you're at fault.
    That's meaningless, until a judge or a jury has determined fault.

    Plead not guilty, if you were cited and make your case at trial.

    If that's the best story you have, it doesn't look good for you. But, everyone is innocent until proven guilty or pleading guilty.


    Sent from my iPad2 using Tapatalk HD
     
  3. disagreeable

    disagreeable Well-Known Member

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    I was charged similarly in Ontario for the same thing. The case was dismissed, due to lack of evidence. You will likely prevail similarly, if no credible witness testifies you acted illegally. In my case, it was an inattentive driver issue.
     
    Last edited: Mar 11, 2012
  4. kellykent

    kellykent Law Topic Starter New Member

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    Thanks for the prompt response. I hate to hear it, but I guess they are going to make me at fault. I hate that for my insurance records sake. Thanks again.

    K.K.:yes:
     
  5. kellykent

    kellykent Law Topic Starter New Member

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    I am glad to hear that from you. I hope all goes well with me as well. No one was hurt. I just don't want that filed under my driving record/insurance!
     

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