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glass899

Car Accident

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Earlier today, I was stuck in traffic on the highway. At the moment, I had just switched into the right lane but because traffic was at a stand still, 1/3 of my car was still in the left lane. At this point, an 18 wheeler comes and scrapes the driver side damaging the door, window, and left mirror. Upon the state trooper's arrival, he declared that it was acutally my fault since I was the one that changed lanes, not the driver of the 18 wheeler. He didnt care for the fact that I had already changed lanes and was at a standstill in my spot because of the car situation all around me. Is this decision justified by the law? If so, where in the traffic law statutes does it say so? Just looking for some feedback and clarification. Greatly appreciated.

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Traffic laws are state specific and you didn't identify a state. With that said, if you were unable to completely move into the other lane with reasonable safety then attempting to do so in a manner that made you a hazard for drivers properly in that lane makes you the party at fault.

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"Is this decision justified by the law?"

Have no idea, but if there wasn't room in the next lane to fit your car, I can see the law arguing that you shouldn't have tried to switch lanes and blocked another lane. It's not really the purpose of the boards for the responders to do folks' legal research for them. If he cited you, the ticket will usually reflect the regulation/statute that was violated.

Ultimately, while the trooper is free to cite you for X-Y-Z and you're free to challenge/contest that in court, that doesn't mean you'd be unsuccessful if you wanted to go after the trucker for the damages to your car. If you have insurance, however, I'd just file a claim and explain your position that the dude misjudged the amount of distance between your car and his truck, could have avoided you or stopped if he wasn't sure of the distance, and you don't see why they should accept or process any claim from him without dispute. You're also free to decide not to file a claim with your insurance and just go after the dude for the damages to your car.

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Okay, this is not making sense to me. If you had just switched lanes from the left to the right lane, how would the front part of your vehicle been the area to sustain damage? If you were moving forward, then logically, the part of your car that would still have been in the left lane would have been the rear end, not the front. How would a big rig travelling in the left lane have managed to damage your door and left mirror without also hitting the rear end of your vehicle, and without damaging the vehicle in front of you as well?

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