Legal Question in Personal Injury in Virginia
I was in a car accident last week...it was between myself (driving a car) and a tractor trailer driver. I was on his RIGHT side when he tried to get over. He did not see me and before he managed to run me completely off the road, I sped up enough where he hit my bumper (driver side). This bump knocked me out-of-control into the far left lane. I managed to steer my wheel back towards the middle and he hit me again (on the hood) on the passenger side and then again on my passenger bumper. So most of my damage was on my passenger side! So when the police came I told them what happen but I ended up getting cited because the truck driver said I ran up on him and most of the damage was on my passenger side even though I was initially hit on my driver side bumper. Should I take this to court?
1 Answer from Attorneys
As I understand it, the question comes down to whether they believe your version of the accident or not. Specifically, the fact that your car is damaged on the passenger side makes it look like you were passing on the truck's left, rather than the more elaborate situation of being struck on the truck's right side and spun all the way around the truck. That is a more complex accident and a little harder to believe.
So the real question is how can you prove your version of what happened.
Make sure you consider whether there might be any other witnesses around.
And you also need to carefully examine the damage to the car to see if you can show what happened by the pattern of damage to the car.
If you can prove what happened, not only should you context the ticket and defeat the ticket, but you could and shoudl sue the truck company. You would have a good lawsuit against hte truck. However, in Virginia, it is hard to get anything more t han the actual damage to your car, or any medical expenses that you may have.
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