Home     Law Advice     Insurance Advice     Community    
Auto Accidents and Vehicle Claims : Visit FreeAdvice.com for useful articles and FAQs on Bike Accidents, Bus Accidents, Car Accidents, Motorcycle Accidents, Truck Accidents, etc. Visit AttorneyPages.com to find an experienced Car Accident Lawyer.
Go Back   FreeAdvice Legal Forum > ACCIDENT AND INJURY LAW > Auto Accidents and Vehicle Claims




Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 01-21-2009, 03:45 PM
Junior Member
 
Join Date: Jan 2009
Posts: 1

San Antonio, Texas Rear End Collision


I was involved in a rear end collision on Loop 410 in San Antonio. The car infront of me slammed on his breaks and swerved to avoid hitting a 5 gallon bucket, so in turn, I attempted to change lanes and hit the breaks to avoid a collision with him. I noticed the car behind me going too fast, so I accelerated to see if I could get away from her, but I was rear ended.

The police report says: Vehicles moved prior to my arrival. East bound on loop 410 approaching San Pedro, driver said he switched lanes quickly to avoid a possible collision with vehicle ahead who may have stopped for a construction barrel in the roadway when he attempted to switch lanes he just to the left and behind his blind spot, vehicle 2 (me) struck vehicle 1 (the other car) with no injuries.

The diagram show our cars colliding at the rear quarter panel of my car.

The police report is incorrect. I did not hit the vehicle 1, she rear-ended me - you can tell by the damage to the car that she hit me from behind - there is no damage to the back quarter panel, but to the rear of the bumper.

The police report also states code 23 - Failure to drive in single lane and code 4 - Changed lane when unsafe.

Both of these codes are applicaple BEFORE she hit me. I swerved and braked to miss the car in front of me, but when she hit me, I was back in my lane.

I have contacted the officer who wrote the report to make an ammendment.

The insurance is claiming negligible manuevers? and insists the accident was my fault.

I feel like I was successful in avoiding a collision with the vehicle in front of me and she was not successful in avoiding a collision with me...isn't she at fault?

What are my options here?
  #2  
Old 01-21-2009, 04:30 PM
Senior Member
 
Join Date: Feb 2007
Posts: 8,285
You pulled into his lane. Since you were struck in the side (albeit towards the rear) it is pretty clear you came into his lane in a way that made it impossible for him to avoid you.
You're screwed.
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

All times are GMT -5. The time now is 10:28 AM.



IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.