Chino Hills, CA asked in Car Accidents and Personal Injury for California

Q: I need to know if I can fight an accident during an unsafe change lane from another driver.

a driver stop in front of me to change lanes, when I was turning right and non traffic conditions,

when ahead it was a sign, merge to the left , another sign ahead lane end merge to the left.

she stopped without signal in a continuous traffic. I was behind the big truck turning right .

1 Lawyer Answer
Tyler Young
Tyler Young
  • Personal Injury Lawyer
  • Provo, UT

A: You're asking a classic comparative fault question. Yes, you can make a claim for your damages if you feel the other driver was at fault. But a jury may have to decide the answer to that question. The insurer may take the position that because the other driver was in front of you that you were more to blame for the accident. Whether a jury believes your position or the insurer's position will depend on the facts of your case as presented by your lawyer. A jury would likely hear your position, the other drivers' testimonies, and witness accounts of the events that led to your wreck. An accident reconstruction expert might also help a jury understand the factors that led to the crash. You likely can't win this battle on your own. An experienced injury attorney should be able to help you.

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