Q: I was on I-10 WB @121mm, I was struck in the left rear of my trailer by another vehicle while I was changing lanes.
I was changing lanes and had more than enough room to do that. When another vehicle that was obviously speeding struck the rear of my trailer. I was issued a ticket for improper lane usage. He struck me from behind (Not the side) what can I do about the citation?
A: Unless he was already in the lane you were changing into, I'd fight the ticket. If you're a truck driver, you might consider hiring an attorney to (1) try to resolve the ticket without you having to go back to Louisiana, and (2) try to have it dismissed to prevent it from creating havoc with your driving record.
If there was property damage or potential bodily injury on either side, report it to your insurance carrier.
A: Be worth contacting an attorney who handles tickets in the Parrish where that ticket /citation will be heard--see if they can knock it down to a non-moving violation.
If you were in right lane moving left, may be on you. If you were in the left lane moving into the right, you have an argument to make that if you were being careless it should have hit on your trailer's right, not it's left.
Also note where his damage was.
Problem is in either scenario you not only have to have enough room to move into the other lane but to keep the other driver under observation and not complete the move if they close the gap (and then some).
As Mr. Harrelson noted, you want to report it to your insurance as there was damage.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.