Moving Back to the Lane

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Q: Our car had been traveling behind a 50-ton tractor trailer, in the same lane.  We moved into the left lane, passed the tractor trailer, and were moving back in order to access an exit ramp on the right.  Instead, the tractor trailer struck us, and we went over an embankment.

The other driver says that, three seconds before the collision, he first saw our car (as a blur to his left) and slammed-on his brakes.  A third driver says that our car suddenly crossed in front of the tractor trailer.

A: The driver of the tractor trailer will argue (a) that he was confronted with a sudden and unexpected circumstance not of his own making and (b) that, in response to the emergency, his slamming-on the brakes was reasonable and prudent.  You will need to show that a better, alternative course of conduct was available to him.  The driver will respond that your own conduct left him with no time for such niceties as reflecting on and weighing the alternatives.

You cannot merely speculate that inattentiveness on the part of the other driver, e.g. talking on his cell phone, partly caused the collision.  Evidence is required.  What is more, you must show that the missing attentiveness, e.g. avoiding his cell phone, would have given him sufficient time to prevent this tragedy.

By: Scott Baron,
Attorney at Law Advertorial

The law responds to changed conditions; exceptions and variations abound. Here, the information is general; always seek out competent counsel. This article shall not be construed as legal advice.

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