A friend of mine recently got into an accident where he was driving in the left lane and a coke truck pulled into his lane and hit the back end of his car and sent the car in front of the truck where my friend managed to get out from in front of the truck. What happened next is a Sheriff's deputy showed up and took statements from my friend and the other two people in his car but he had to wait for FHP to show up, the trooper showed up he talked to the driver of the coke truck and then to my friend and a witness on motorcycle and then issued my friend a citation for careless driving saying that he lost control of the car and that is the reason the accident occurred even though there was a witness who stated that the truck hit the back end of car causing him to lose control of car.
Also the trooper claimed that there were 2 other witnesses who claimed that they just saw car lose control even though they were behind the truck and the person on the motorcycle was right next to the truck in the right lane and the truck was in the middle lane.
From your description of the facts, no. However, it will likely be up to the jury to decide if the case goes to trial. The police report will be inadmissible as evidence of fault on the part of your friend. He should contact a personal injury trial attorney as soon as possible to discuss his case. Best of luck.
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17 lawyers agree
Wrongful Death Attorney
Your friend should retain a local traffic court lawyer to fight the ticket. Then, he should retain a car accident lawyer to go after the insurance money on the truck that rearended him.
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Car / Auto Accident Lawyer
We cannot decide fault on this website. It is for the jury to decide if a lawsuit was filed and the case went to trial.
If your friend or his passengers were injured, they should contact a personal injury attorney to learn the full scope of their rights. You can find personal injury attorneys in your area on Avvo.com.
Traffic collision reports are not admissible to prove fault because the statements contained in the report are most likely inadmissible hearsay and the officer who prepared the report apparently did not witness the accident.
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11 lawyers agree
Car / Auto Accident Lawyer
In addition to all the good advice already provided, I'd add that time is of the essence in these situations. In particular, it's best to find out what a witness saw (or didn't actually witness) as soon as possible while the details are still fresh, etc. good luck to your friend & kudos to you for looking out for him.