Lawrenceburg, IN asked in Car Accidents, Criminal Law, Products Liability and Traffic Tickets for Indiana

Q: Is backing out of a private driveway with my truck which had a car trailer behind it at time onto a state highway illegl

I made sure both directions was clear of any on coming traffic. I was in process of still backing out Had trailer completely on the highway was getting truck straightened out then seen a truck coming fastly towards me he wasn't slowing down i hurried got truck back into driveway but other vehicle struck my trailer because i didnt get it fully back into driveway before he got to me. He never hit his brakes not once. It was dark outside but weather clear and road was dry and no curves or hills i had all lights on my truck trailer an extra strobe lights on roof of truck on and in front by my headlights an in the back by my tail lights all were flashing. Driver of other vehicle admitted coming from the bar but yet report shows he didn't get one test done. Nor did the officers get the two witnesses statements that had seen the entire situation. The guy had said he didn't see anything until he basically slammed into the trailer. Was anything I did illegal to point of causing the accident?

1 Lawyer Answer
Tim Akpinar
Tim Akpinar
  • Personal Injury Lawyer
  • Little Neck, NY

A: An Indiana attorney could advise best, but your question remains open for three weeks. Unfortunately, the scenario you describe places the primary blame on you. In virtually any jurisdiction, entering the main roadway from a driveway gives right of way to drivers already proceeding in the main roadway. If the accident resulted in any citations for you, you could reach out to local traffic ticket defense attorneys. If the other side has initiated a personal injury or property damage claim against you, your carrier would likely assign an attorney to you. Make sure to present your insurance carrier with any letters or legal pleadings served by the other side's attorney to your insurance carrier - they have probably assigned you a claim rep by now. The factors you mention of the other vehicle's high speed and leaving a bar would technically be in your favor to reduce your liability, depending on comparative liability doctrine followed in Indiana, but those things sound like they will be difficult to prove. I hope you and all involved in the accident are okay. Good luck

Tim Akpinar

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