Can I Sue After a Car Accident If I Was Turning Left and the Other Driver Admitted Fault?

Question from Av, Can I Sue After a Car Accident If I Was Turning Left and the Other Driver Admitted Fault?

Answer from AI:

If you were involved in a car accident while turning left and the oncoming driver admitted to texting and driving, you might have grounds for a lawsuit. However, the fact that your insurance lapsed two weeks prior to the accident complicates the situation. Let’s break down the key points to consider.

Determining Fault in a Car Accident

In the United States, determining fault in a car accident typically involves examining the actions of both drivers. Generally, the driver making a left turn is often considered at fault because they must yield to oncoming traffic. However, if the other driver was texting and driving, this could significantly impact the determination of fault.

Key Points to Consider:

• Admission of Fault: If the other driver admitted to texting and driving, this could be used as evidence of negligence on their part.
• Police Report: Ensure that the police report includes the other driver’s admission. This report can be crucial in proving fault.
• Witnesses: Gather statements from any witnesses who saw the accident and can corroborate the other driver’s admission.

Impact of Lapsed Insurance

Having lapsed insurance can affect your ability to recover damages, but it does not necessarily prevent you from filing a lawsuit.

Considerations:

• State Laws: Some states have “no pay, no play” laws that limit the ability of uninsured drivers to recover certain types of damages. Check your state’s specific laws.
• Personal Liability: Without insurance, you may be personally liable for any damages you caused. This could complicate your financial situation.
• Legal Representation: Given the complexity, consulting with a personal injury attorney is highly recommended. They can help navigate the legal landscape and advise on the best course of action.

Steps to Take After the Accident

If you decide to pursue a lawsuit, here are some general steps you should follow:

1. Document Everything: Collect all evidence related to the accident, including photos, witness statements, and the police report.
2. Seek Medical Attention: Even if you feel fine, get a medical evaluation. Injuries may not be immediately apparent.
3. Consult an Attorney: Speak with a personal injury attorney to discuss your case and understand your legal options.
4. File a Claim: If advised by your attorney, file a claim against the other driver’s insurance company.

Resources and Further Reading

For more information, you can refer to the following resources:

• Nolo’s Guide on Determining Fault in Car Accidents
• Insurance Information Institute: What to Do After a Car Accident

When to Seek Legal Advice

Given the complexities involved, especially with your insurance status, it is crucial to seek legal advice. A personal injury attorney can provide personalized guidance based on the specifics of your case and jurisdiction. They can help you understand your rights and the best way to proceed.

Remember, this information is intended to provide a general understanding and should not be taken as specific legal advice. Always consult with a qualified legal professional for advice tailored to your situation.