any advice appreciated on this accident. My girlfriend was driving my car turning right out of a alley and was hit by a truck

she was pulling out from a alley making a right hand turn. There was no traffic coming from ontop of the hill. she proceeded to pull out and a F350 truck came over the hill, skid 65 feet by cops estimate based on marks and hit her front end. It was 25 mph zone, they estimated he was going over speed based on skids. He was cited, but is currently fighting citation. My girlfriend and son were both injured in the accident. his company refuses to take our pics from the scene and of our car. The police report also contains a witness statement stating he was at fault. Our car is totaled and he is claiming no fault. Based on cops report and witness testimony, is it possible they find him not at fault or he could actually win citation appeal. what should I take to his appeal hearing
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Answers (5)

Alan James Brinkmeier

Alan James Brinkmeier

Contributor Level 10
Gather all pertinent documents and any evidence at your disposal. Much of the record keeping should be done from the moment of the accident, before you even meet with your personal injury lawyer. Write down everything you remember about what happened, before, during and right after the accident. Videotapes, photographs and witness names and testimony will help a great deal. Then contact a personal injury lawyer. Your personal injury lawyer will take your case through civil court proceedings and will try and contact the other party to reach a settlement. Filing an official lawsuit may not be necessary.

You need a lawyer. Get a personal injury lawyer right away and notify your insurer.

Check with a lawyer in your locale to discuss more of the details.

Good luck to you.

God bless.

NOTE: This answer is made available by the out-of-state lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney that practices in the subject practice discipline and with whom you have an attorney client relationship along with all the privileges that relationship provides. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question.
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Andrew Daniel Myers

Andrew Daniel Myers

Contributor Level 7
Sounds like a good case to me. Do not be discouraged by what the other insurance company is saying or doing. Claims adjusters actually get bonuses for reducing the value of claims.

As attorney Brinkmeier indicated, document everything.

I do not practice in your jurisdiction so this is not a solicitation. But, please go to an attorney at your earliest convenience. The insurance industry's own statistics show that once an attorney gets involved, the value of any claim doubles. Most personal injury attorneys offer a free initial consultation and so there is no risk other than the time involved, which is minimal in relation to the fact that your son and girlfriend were injured.

The attorney's first step should be to get the witness to give a statement and to make sure you have good pictures ot the skid marks before time and the weather make them fade.

Whether or not the citation sticks is not neecessarily relevant in that the police officer more likely than not did not actually observe the collision itself. However, the fact that the other guy got the citation should help you.

Don't take any line from the claims adjuster. Retain an experienced personal injury attorney.

This answer is provided for informational purposes only. Actual legal advice can only be provided in an office consultation by an attorney licensed in your jurisdiction, with experience in the area of law in which your concern lies.
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David M. Axinn

David M. Axinn

Contributor Level 4
Your son and girlfriend will need a lawyer to evaluate their claim, and pursue it with the insurance company. Their adjuster is looking out for his interests, not yours!

Whatever happens with his citation, it appears that he is at fault, and his insurance should be responsible for the damages to your truck, as well as the injuries.
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Timothy James Kennedy

Timothy James Kennedy

Contributor Level 4
A quick note: The out of state practitioners neglect to mention that it is very likely the defendant driver will NOT be responsible for the injuries IF your girlfriend owned a car that was insured with a policy where she accepted the "limited tort" option - ALWAYS a very bad idea in Pennsylvania - or if your car was uninsured, or if she owned no car but your car had a limited tort policy. Nothing in your statement reflects your OWN insurance company's involvement. Normally, if you have insurance, you could have YOUR insurance pay for the damages to your car, subject to your deductible, then your insurance company would go to bat trying to get the other insurance to pay it all back -- including your deductible. If uninsured or subject to limited tort (your son and any family member who lives with you is bound by your tort option), your injury claim may be worthless and you may have great difficulty getting a Pennsylvania injury lawyer to take it. NEVER say yes to full tort. It will "save" you a few hundred dollars for giving up insurance rights for yourself and resident family members worth tens of thousands of dollars.
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Timothy James Kennedy

Timothy James Kennedy

Contributor Level 4
Correction to mine from above: never say yes to LIMITED tort (FULL TORT is what you want from your auto insurance company -- insist on it or understand you are giving up extremely valuable rights).
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