Legal Question in Personal Injury in California
Help! I need advice on a auto accident.
I'm not sure if this is the right place to turn to, but I hope this at least gets to somebody that can help me. I recently got into an car accident and am faced with a dillema. I was clearly cut off on the freeway which the other driver clearly knows (its obvious) that they were not looking over their shoulder or even using a turning signal to change lanes. The car that cut me off came from the right lane, which was pretty much bumper to bumper traffic (10-15mph), and came flying out of there into my lane, which by the way, was moving a lot smoother (50-60mph). I was going with the flow of traffic at about 55-60mph. I immediately honked the horn while slamming on the brakes and before I knew it, I had bumped into their truck (Chevy S10) and caused some minor scratches to their rear bumper and also to the front license plate and bumper of my car (Honda Del Sol).
NOW HERES THE THING. I WAS ON A CARPOOL LANE WHEN I WASN'T SUPPOSE TO BE (2 or more people for a carpool). The other car had two people in it, and it was just me in my car. SO WHATS THE CASE HERE?
3 Answers from Attorneys
Re: Help! I need advice on a auto accident.
It sounds as though the other driver was clearly negligent. Often times, the blame is shared by several parties. The other driver can argue that you were comparatively negligent for speeding or failing to yield, but your presence in the carpool lane without a passenger has NO relevance as to the causation of this accident.
Re: Help! I need advice on a auto accident.
Thanks for your posting. I'm not sure what "so what's the case here" means, but I can interpret it to mean that you need to know who was liable, or at fault for the accident.
The fact that you were illegally using a carpool lane may be grounds to cite you for a violation, but that is entirely separate from fault for the accident. In law, a plaintiff can use a violation of a statute to prove liability in certain cases, but the fact that you were using a carpool lane doesn't make you at fault for what seems to be clearly someone else's negligence.
Even if you plead guilty, and pay the fine for a carpool violation, you can still make a claim or sue for damages based upon the other person's negligence.
Best of luck, and if you need an attorney or have questions, please email me at [email protected].
Re: Help! I need advice on a auto accident.
Your being in the carpool lane is not the cause of the accident and should not have any effect. If you were injured or suffered any loss, you should consult an attorney. be sure to notify your insurance company.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
