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Accident with a Cross-Country Truck Driver

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lucd001

Junior Member
What is the name of your state (only U.S. law)?
California

Hi,

I got into a car accident with someone from Colorado, I should have called the CHP when it happened, but the driver claimed that her friend (car owner, who was not in the accident) was a CHP. She didn't give me her driver's license so I was not able to get her address, but I managed to get her name and ID# (which I thought was sufficient).

Well, it turns out that she not only lied about her friend being a CHP, but is claiming that I merged into her lane and didn't have control of the lane.

My lawyer sent the Subpoena to the house of the car owner (in California), when we went to court, the owner claimed that we never served the driver, however she knew of the court date. We had a judge who was pro-tem (sorry for my mispelling) and the judge rescheduled the court date to another day. The driver is also counter-suing me because he had to take time off for the court date... he said he could have rescheduled but didn't want to pay the fee...

My question is, do I need to re-serve the driver? Or because she acknowledges that there is a court date that is sufficient (she wrote a letter to the court). If I do need to re-serve the driver, how would I get a hold of her since she 1) didn't give me her address, and 2) is a cross-country truck driver.

Also, The owner claims that he saw the accident in his rear-view mirror because he was 5 or so cars in front of us... Will the judge take that into consideration?

Thank you so much for your help!
 


ecmst12

Senior Member
You need to be asking your lawyer these questions.

I doubt the owner of the car will be considered a credible witness even if the judge does believe he was actually there.
 

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