Hello, I was rear-ended by a semi truck last week as I was going 60mph in the right hand lane on the interstate. I spun across 3 lanes of traffic and landed in the median. It was a clear day and there were no traffic slow downs before the crash. All I remember is driving along and then seeing a grill of the truck in my rear view and the sound of him accelerating before I could swerve out of the way. The collision report shows his view is that I slowed for traffic and he could not stop in time. This is a lie. There was no traffic for me to slow for.
He was cited for following too closely. I do have a concussion and whiplash as well as damage to my neck. As does the passenger who was with me. Not sure if there is anything I can do legally. Thankfully neither of us is in the hospital.
Police reports serve a number of functions.
Among them is the sharing of info about who was involved, where it happened, and who was at fault according to the police officers view.
If the truck rear-ended you, it probably makes no difference from a liability standpoint whether you were slowing for traffic or not. Either way, the truck driver appears to be at fault.
Important for you and your passenger is to get good medical care so you can treat and prove your concussion and other possible injuries. As time progresses, you may be glad you did this. If you don't do this, you will not get much of a settlement offer.
Talk to a personal injury attorney about how best to proceed. Don't give a statement to the insurance company until you get this advice.
Best of luck with this.
I’m so sorry to hear that you and your friend were injured in this horrific accident. The police report is fine for you even though it says they were slowing down for traffic, which means they were traveling too fast for conditions and are 100% at fault for hitting you.
However, this does not mean the insurance company is going to play nice with you. They will pay you what they want to pay you unless you hire a personal injury lawyer. Call around as consultations are free. You can afford one as we are all paid out of the settlement. Hiring a lawyer does not mean filing a lawsuit and often most cases can be settled without filing one with the insurance company.
You are entitled to medical bills being paid, lost wages, and pain and suffering among other things. You could be owed $10,000 or more depending on your injuries.
Hope you get better soon!
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I am sorry to hear about your serious collision and injuries. Unfortunately, police reports are not always accurate. They are prepared after a collision by an officer who is usually doing a cursory investigation. However, the fact that the other driver was cited for "following too close" and the police report confirms you were rear-ended is very important for your case. This is good evidence proving the other driver was at-fault. However, you need to contact a personal injury lawyer as soon as possible to assist you in your case. This is a serious collision with serious injuries. It is not something that you want to handle without professional assistance from a personal injury lawyer. I would also recommend that you do not give any statements to the insurance companies until you have consulted with a lawyer. I wish you the best of luck with your claim.
You should obtain needed medical care and treatment immediately and follow the doctor's advice. Do not give any statements to the adverse party or insurance company nor grant them access to any medical records. Photograph the injuries and the damage done to any property. Contact a personal injury attorney in your area as soon as possible so that you can protect your rights. You may also find it helpful to review the Legal Guides I have published on Avvo.com dealing with many of the issues you are now facing. You can access my Legal Guides through my profile page on Avvo.
Legal Disclaimer: If this information has been helpful, please indicate below. Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.
The semi truck is absolutely at fault. The good news is that the collision report, although wrong, does support that the semi truck was acting in the wrong and not you. That is good for a number of reasons. First you can recover for the damages to your car, your body, and the emotional distress among other areas of damages for the injuries you suffered. With specific regard to the collision report, I have seen much worse reports that have stated my client was at fault and through hard work and hiring the correct experts we proved that the collision report was wrongly noted. I hope you contact a lawyer to help you through this so you can maximize your recovery from the trucking company's insurance. Most offer free consultations.
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