Gadsden, AL asked in Car Accidents for Alabama

Q: if a car runs you off into the emergency lane and you hit an abandoned car who is at fault

a transfer truck ran my brother off the interstate into the emergency lane and he hit a broken-down car that was left unattended the transfer truck did not stop who would be at fault

Related Topics:
1 Lawyer Answer
Nelson Craig Johnson
Nelson Craig Johnson
  • Personal Injury Lawyer
  • Birmingham, AL
  • Licensed in Alabama

A: This would either be a negligence claim against the truck driver and trucking company (if it can be identified), or a phantom driver case. It will be a hard case to pursue unless your brother happened to have a dash camera to have some method of identifying the driver of the other vehicle. If you are not able to identify the other vehicle, this is where the phantom driver accident comes in. If your brother has Uninsured Motorist coverage he can make a claim against his insurance for the damage to his vehicle and the injuries he may have sustained. You can find this out by pulling up a copy of his policy and reviewing his coverage types, or have an attorney help you with this. In Alabama, uninsured motorist coverage is on the policy by default and a person must sign a waiver of Uninsured Motorist coverage to have it removed from the policy.

You will need to speak with an experienced car accident/trucking accident attorney regarding the case and let them examine the facts and evidence to best advise you of your rights.

Tim Akpinar agrees with this answer

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.