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Re: Car Accident - At-Fault?



In article <[EMAIL PROTECTED]> in 
misc.legal.moderated, Kristy <[EMAIL PROTECTED]> wrote:
>I was in a car accident about a month ago and my insurance company
>determined that I was more than 50% at-fault.
>
>I was traveling parallel to a pretty big truck with my car being next
>to his cab.  We were traveling on a ramp to go onto a highway.  The
>ramp was two-lanes but the lanes weren't marked.

Which may mean that there was only one lane, legally. This depends 
on state law.

>  I was in the right
>lane and my lane was ending as the ramp merged into one lane.  I had
>my blinker on and sped up to pass the truck. 

You were passing on the right. That's illegal in most states in most 
situations. Were you cited?

> As I ended up in front
>of the truck, the truck hit the back quarter of my driver's side.
>
>I realize that there are a few things against me...there was no damage
>to my rear, it was my lane that was ending, etc.

>I know my case may not seem too strong.  Does anybody think it's worth
>trying to appeal?  Thanks.

I don't think you would prevail in an appeal, but what do I know?
:-)

How important is the determination to you? by which I mean, how much 
do you stand to lose financially? If it's substantial, you might see 
a local lawyer, lay the facts before her, and ask for an opinion. If 
nothing else, it would give you peace of mind that you hadn't passed 
up an opportunity.

-- 
If you e-mail me from a fake address, I'll delete it unread.

I am not a lawyer; this is not legal advice. When you read anything
legal on the net, always verify it on your own, in light of your
particular circumstances. You may also need to consult a lawyer.

Stan Brown, Oak Road Systems, Cortland County, New York, USA
                                   http://OakRoadSystems.com




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