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
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
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