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Is my friend at fault for this accident?

Tampa, FL |

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.

Attorney Answers 4

Posted

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.

Jonathan Warrick
888-982-5111
www.warricklaw.com
info@warricklaw.com

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4 comments

Asker

Posted

well I would imagine since there is serious damage to the back of the car that that alone would prove that the truck hit the back end of the car as my friend and the witness stated because the only other damage to the car is in the front passenger side where the car went front of the truck.

Jonathan Joseph Warrick

Jonathan Joseph Warrick

Posted

It sounds reasonable but it's not what happened, it's what you can prove. That being said, the evidence appears to be fairly clear (based upon the information you have provided herein) and, as such, I tend to agree with you.

Asker

Posted

thank you for the clear and concise answers I already advised him to speak to an attorney about it since it made no sense to me that he received a ticket, he said the trooper who gave him the ticket didn't even look at the back end of the car.

Jonathan Joseph Warrick

Jonathan Joseph Warrick

Posted

Understood. I agree with Attorney Lassen that it may be necessary to contact a ticket attorney as well, however, some personal injury attorneys can help to facilitate that process as well. The Law Office of Jonathan J. Warrick, P.A. does offer statewide representation.

Posted

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.

Licensed in Pennsylvania & New Jersey & Serving the Nation. Only 29% Fee Deducted. 1-877-258-3083. www.InjuryLawyerPhiladelphia.com

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Posted

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.

This website contains general information about legal matters. The information provided by Jacob Regar is not legal advice, and should not be treated as such. The legal information on this website is provided “as is” without any representations or warranties, express or implied. Jacob Regar makes no representations or warranties in relation to the legal information on this website. You must not rely on the information on this website (including Jacob Regar’s response to your question) as an alternative to legal advice from your attorney or other professional legal services provider. No attorney-client relationship is created through the exchange of information on this website. If you have any specific questions about any legal matter you should consult your attorney or other professional legal services provider. You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information on this website.

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Posted

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.

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