being sued, not sure if im really negligent

What is the name of your state? nebraska

this is a tough one, but here is my story. while driving a pickup owned by my parents, while acting as an employee of their self-ran gardening business, i encountered problems. the bed of the truck was loaded with garbage i was taking to the dump. i noticed in my rearview that my tarp which had been tied down covering the garbage, had came undone. i turned on my left turn indicator and slowed down from 35 mph (in a 55 mph zone) to 10 mph to make the turn. as i turned left, a car was trying to pass me on the left. she was able to evade hitting my truck, but ended up upside down in the near ditch. no injuries involved. she claims the tarp had obstructed the signal lights, which is probably true. she is suing me for damages based on the grounds that they were proximately caused by my negligence.


The road I was on is an old highway and the left turn I made was into a private, gravel drive owned by a good friend of my family. I chose this drive because of this reason.


more info: an eye witness saw the whole thing, a local truck driver for a nearby gravel company. he claims the woman never decreased in speed and passed me "in stride," instead of slowing down to evaluate. i am able to contact this witness. Also, the police officer who came to the scene did not determine either party at fault, no fault.


am i negligent? does she have grounds to be suing me? what should i do? do i have the upper hand? can we or should we settle?

thanks for the help, i have no where to turn

[HomeGuru]

Originally Posted by Subliminal

What is the name of your state? nebraska

this is a tough one, but here is my story. while driving a pickup owned by my parents, while acting as an employee of their self-ran gardening business, i encountered problems. the bed of the truck was loaded with garbage i was taking to the dump. i noticed in my rearview that my tarp which had been tied down covering the garbage, had came undone. i turned on my left turn indicator and slowed down from 35 mph (in a 55 mph zone) to 10 mph to make the turn. as i turned left, a car was trying to pass me on the left. she was able to evade hitting my truck, but ended up upside down in the near ditch. no injuries involved. she claims the tarp had obstructed the signal lights, which is probably true. she is suing me for damages based on the grounds that they were proximately caused by my negligence.


The road I was on is an old highway and the left turn I made was into a private, gravel drive owned by a good friend of my family. I chose this drive because of this reason.


more info: an eye witness saw the whole thing, a local truck driver for a nearby gravel company. he claims the woman never decreased in speed and passed me "in stride," instead of slowing down to evaluate. i am able to contact this witness. Also, the police officer who came to the scene did not determine either party at fault, no fault.


am i negligent? does she have grounds to be suing me? what should i do? do i have the upper hand? can we or should we settle?

thanks for the help, i have no where to turn

**A: what did your insurance agent tell you?

[JETX]

"am i negligent?"
*** Possibly.

"does she have grounds to be suing me?"
*** Yes.

"what should i do?"
*** Turn the issue over to the insurance company.

"do i have the upper hand?"
*** No.

"can we or should we settle?"
*** No one can answer that for you.

I started this thread a little while ago, and i just discovered some new information. it turns out the cop who came on the scene has listed HER as at fault for "failure to yield"

Does this change things...cuz it seems to me that it would...

[HomeGuru]

Originally Posted by Subliminal

I started this thread a little while ago, and i just discovered some new information. it turns out the cop who came on the scene has listed HER as at fault for "failure to yield"

Does this change things...cuz it seems to me that it would...

**A: yes, she should have yielded.

[JETX]

Originally Posted by Subliminal

I started this thread a little while ago, and i just discovered some new information. it turns out the cop who came on the scene has listed HER as at fault for "failure to yield"

Does this change things...cuz it seems to me that it would...

*** Maybe, maybe not. The officers 'at fault' declaration MAY help the insurance company to determine liability, but is not binding on them. The insurance adjuster will review the circumstances and determine who is liable and to what extent.