Q: Need help to fight a car accident claim that should've been the other person's fault.
While driving on the access of a two lane road it merges to one lane but the car that was behind me started driving aggressively on the shoulder trying to go around me, speeding when their vehicle hit mine and I hit the concrete construction barrier. After the accident the other car tried to drive away from the scene so I followed them to get their plates, now the insurance company wants to claim the accident was 60% my fault. I feel as though the insurance adjuster did not do their due diligence.
A:
Depending on the nature and extent of your bodily injuries and the amount of medical expenses you have paid or incurred, you should have no trouble finding an attorney in or near the county where the accident occurred to handle such a case. Most will handle such a case on a contingency fee. You may have more trouble interesting an attorney in your case if you did not sustain any bodily injuries and you have a pure property damage claim for the loss of use and cost to repair your motor vehicle.
When two lanes merge, the lane which continues has the right of way and the driver of a vehicle in the other lane has a duty to yield. But in most cases involving vehicle collisions, a trier of fact will assess some degree of fault on both drivers unless the situation is clear-cut. From your description, your situation does not appear clear-cut.
A: See if you could arrange a free initial consult. Unfortunately, these are some of the most difficult types of cases out there because one person's testimony usually conflicts with the other's. Good luck
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