Q: I was sideswiped on the expressway by a truck I had no way in getting over due to being in the outer lane, at the scene
I was told it couldnt be determine who was at fault...paperwork now show I was at fault, do I have a case against the driver who knocked me off the road
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A: The Accident Report is inadmissible in evidence, but insurance companies will usually act in accordance with them. You need to photograph any evidence on th e roadway/emergency lane such as skid marks prior to them disappearing. And yes you can still sue for your property damages, but it will be difficult. Hire a competent attorney, which may be difficult if you do not have significant personal injuries.
A: Assuming they did, yes. If you were injured contact a member of the Association for Justice of the state where this happened--they give free consults.
A:
It's a difficult case, unless you have other supporting evidence, such as witness testimony. Although both vehicles could show contact damage, the issue of where on the roadway they were at the point of that contact is crucial. As already mentioned here, you could consult with an attorney who could evaluate the file in further detail.
Tim Akpinar
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