再问老猫和各位,关于 "紧急求助:车祸法律咨询"

来源: chaojiyingming 2007-03-13 14:22:25 [] [旧帖] [给我悄悄话] 本文已被阅读: 次 (4624 bytes)
昨天的帖子见:http://web.wenxuecity.com/BBSView.php?SubID=law&MsgID=62491

首先谢谢老猫昨天的回帖,我认真地看了。我写了关于车祸的详细过程,及其我认为我没有责任的理由(英语版)。请帮我分析一下,谢谢。
开始只想着要justice, 要回自己的损失(一部车,~$4800, 和家人的医疗费,~$3000。被告的车因为是他的车头撞得我,没有什么损失。我的车因为躲他的车,撞倒了电线杆上,所以报废了。), 没想到这么麻烦。平时还很忙。

我还有从警察局拿到的reprot,7个月内同样的路口发生过其他3起极其类似车祸,均是对方错误,我们碰到的警察却说不能断定是谁的责任。

被告现宣称让法官dismiss this case and be awarded his costs and expenses in and about the defense of this action and for any such relief that this court deems proper.

还有一问题是被告律师来自Nationwide trial division, same company with the auto insurance. 该律师应该是拿了钱的吧? 否则我不明白为什么同样的保险公司不给我们提供律师,而且在我向我这方的rep 叙述情况时, 我方rep从来没有为我说过话,而是为被告辩解,说为什么有可能是我的错误等等。感觉受到了歧视。我想是因为如果我赢,保险公司就要赔钱,如果我输,他们就不用赔了。

下面是车祸的全过程以及我的理由:


On November, another driver and I were waiting for the green light to make a left turn from xx Street onto xx Street. Both lanes can turn left. After the traffic light turned into green, we started to make a left turn. I was a bit ahead of the other driver. The other driver veered into my lane and hit me on the driver’s side doors. It was the right front of his vehicle that hit my car. After the collision, I stepped on the brake pedal and tried to stop, but was still forced into a traffic pole. After the accident, a bystander called the emergency number. Frightened by what just happened and seeing that my family was hurt, we decided to go to the hospital by ambulance. I only had time to talk briefly with the police officer who made the report. The other office who was there encouraged us to seek medical attention right away even though we have no health insurance. He believed the other driver’s insurance would cover it.

Although the office who made the report said he could not determine who was at fault, we believe the other driver caused the collision.

1. Since it was my car got hit on the driver’s doors, and it was the right front of his vehicle that hit my car. It was obvious that the other driver tried to get into my lane directly. Based on the damage to my car, it is clear that the other driver was at fault. Please see picture 1 on next page. If both of us turned the correctly way, even if the vehicles collided, it should be happened between the bodies of his passenger side and the bodies of my driver side, but not the right front of his vehicle hit the doors of my driver side. Please see picture 2 on next page. IF NOT SO, please explain to me how my car could get hit at the moment by the right front of his vehicle. I failed to understand why the other driver and I were equally at fault to the accident.

2. There was a traffic pattern change in the past at the intersection between the Pleasant St. and the Spruce St. In the past, right lane can only go straight, no left turn allowed. The other driver is from Pennsylvania. I think the other driver does not know this change at all, that was why he veered into my lane without any hesitation before he finished his turn.

3. We have a witness, xxxx, who is from xx Towing and can be reached at xxxx. He has experience to judge which driver is at fault depending on the scene after the accident and the damage to the cars involved with the accident. Based on the damage to our car, he believed that it was the other driver was at fault.

4. We have evidence from my local agent xxxx with Nationwide agency too. I talked with her. She also thought it was NOT my fault, because she knows that intersection very well, she goes through that intersection everyday too. She said it is always the other driver is on fault if similar situation happens. You can contact her at xxxx.

5. We have the records from the Department of public safety. There are at least 3 more accidents other than mine happened at the exactly the same place since April 2006, in all cases, the drivers on the left lane were 100% at fault. I put them as the attachment to this letter.

6. I have 6 years of safe driving record, which makes me fail to understand why the other driver and I were equally at fault to the accident. I always drive very carefully. I am so familiar with the intersection where the accident occurred, because I cross there everyday, more than once sometimes.

所有跟帖: 

老貓趕著去上課,晚一點在回答您 ! -單身老貓- 给 單身老貓 发送悄悄话 (55 bytes) () 03/13/2007 postreply 15:16:31

回复:老貓趕著去上課,晚一點在回答您 ! -chaojiyingming- 给 chaojiyingming 发送悄悄话 (450 bytes) () 03/13/2007 postreply 19:01:12

回复:老貓趕著去上課,晚一點在回答您 ! -chaojiyingming- 给 chaojiyingming 发送悄悄话 (352 bytes) () 03/13/2007 postreply 19:31:23

回复:回复:老貓趕著去上課,晚一點在回答您 ! -單身老貓- 给 單身老貓 发送悄悄话 (70 bytes) () 03/13/2007 postreply 22:01:35

回复:回复:回复:老貓趕著去上課,晚一點在回答您 ! -chaojiyingming- 给 chaojiyingming 发送悄悄话 (123 bytes) () 03/14/2007 postreply 05:55:43

回复:回复:回复:回复:老貓趕著去上課,晚一點在回答您 ! -單身老貓- 给 單身老貓 发送悄悄话 (1336 bytes) () 03/14/2007 postreply 06:49:57

回复:回复:回复:回复:回复:老貓趕著去上課,晚一點在回答您 ! -單身老貓- 给 單身老貓 发送悄悄话 (1776 bytes) () 03/14/2007 postreply 09:32:50

回复:回复:回复:回复:回复:回复:老貓趕著去上課,晚一點在回答 -chaojiyingming- 给 chaojiyingming 发送悄悄话 (176 bytes) () 03/14/2007 postreply 12:25:10

请您先登陆,再发跟帖!

发现Adblock插件

如要继续浏览
请支持本站 请务必在本站关闭/移除任何Adblock

关闭Adblock后 请点击

请参考如何关闭Adblock/Adblock plus

安装Adblock plus用户请点击浏览器图标
选择“Disable on www.wenxuecity.com”

安装Adblock用户请点击图标
选择“don't run on pages on this domain”