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Keyser, WV |

My husband and children were in an accident today. The front side of our car clipped the trailer of a large truck. At the scene my husband honestly didn't think he went over the center line but wasn't 100% as it is a very narrow rode and was on a bit of a turn. The cop at the scene wasn't going to charge him and basically said no fault was assigned. As we were on our way to where the car was towed suppossedly a witness( another trucker) called the officer stating my husband swerved. He said he may have to assign him at fault if his ins company pushed. At the time we were all just glad everyone was okay and not thinking clearly. Now I have several issues
1) the other driver continued and left the scene of the accident and was about 10 min before he came back
2) no pictures or road measureme

3) The witness appeared after the scene was cleared. 4) We went back to the scene and took pictures where you could see the impact of the wheel rim on the road and the fluid spill both of which were well to the right of the center line. My husband called the insurance adjuster and let her know. I just don't want him to be wrongfully charged.we are still aren't sure if the car will be totaled or not. Just looking for some advice. This is our First accident since our teen years. Thanks!

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Attorney answers 4


You've done the right thing by notifying your insurance company. The officer is not at the mercy of any insurance company and it would be inappropriate for him to find your husband at fault because the insurance company "pushed." From what it sounds like, you may be the victim of collusion on the part of the two truckers. Your best bet is to keep your insurance carrier informed.


Sometimes an independent witness makes a difference in assigning liability to a case. If the witness is not biased, and you cannot remember whether you crossed the median, then, the witness testimony becomes very crucial. On the other hand , if you and your wife are certain that the accident was not your fault, you should discuss this with your insurance adjuster. They will decide based on all the gathered evidence whether to settle or litigate the case. Honesty is always the best policy. Take care of yourselves and let the lawyers do their job.Best of luck.

This answer is provided by California Accident Attorney Manuel A. Juarez, Esq., 510-206-4492. Abogado de Accidentes de Autos de California: 510-206-4492. Abogado de Lesiones de Accidentes de Autos, provides answers of a general context. These answers are not intended to form an attorney client relationship. Oakland Abogado Accidentes Autos, Abogado de Lesiones Personales, Abogado de Accidentes de carros, Abogado de accidentes de Peatones, practices in Antioch, Berkeley, Concord, Oakland, Hayward, Martinez, Newark, Richmond, San Francisco and San Rafael. El abogado de lesiones y heridos en accidentes de autos, is licensed only in California. This information is good only in California and it is not to be taken as legal advice on car accidents, personal injury, divorce, bankruptcy or in any other type of situation. Esta respuesta es del Abogado de Accidentes de Autos, Abogado de Lesiones Personales, Abogado de Heridos en Accidentes de carros, Manuel A. Juárez, 510-206-4492. Abogado Hispano de Accidentes, Abogado de Divorcios, Abogado Latino de Accidentes, Abogado de Accidentes de Oakland, Hayward, San Francisco, California. Estas respuesta son solo para información general y no consisten en consejo legal sobre divorcios, mantención de esposas, mantención de hijos o bancarrotas. Las respuestas son comentarios legales que no forman una relación de abogado y cliente. Manuel Juarez, Esq., esta licenciado solo en el Estado de California.


Your insurance company will resolve it. If anyone in your family was injured, have a local personal injury lawyer investigate a claim against the truck driver.


All I will add is that, in my experience, truckers stick together. There could definitely be some collusion here.

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