DISPUTE OVER FAULT – AUTO ACCIDENT LAWYERS
In many of the car accident cases our attorneys handle, there is no dispute about who caused the accident. Most of the time, it is a rear end accident, or there are witnesses that will say who was at fault. However, there are always some car accident cases where it is just one person’s word against another’s and the other driver denies being at fault.
Here is an example of one auto accident case our attorneys worked on where the other driver said he was not at fault.
The collision occurred on November 12, at about 7:30 p.m. on Brooklyn Boulevard in Brooklyn Center, Minnesota. Our client was on his way home after shopping at Wal-Mart. Although it was dark out, the roads were well lit. At the time of the collision, both our client and the other driver were driving northbound on Brooklyn Boulevard. Shortly before the car crash, our client had merged onto Brooklyn Boulevard from the 56th Avenue entrance lane. South of 56th Avenue, Brooklyn Boulevard has two northbound lanes. However, at the intersection with 56th Avenue, a third far right lane is created for traffic merging onto northbound Brooklyn Boulevard from 56th Avenue. This third far right lane is initially only accessible to vehicles entering Brooklyn Boulevard from 56th Avenue. As our client entered northbound Brooklyn Boulevard into the far right lane, there were no vehicles ahead of him in the lane. Soon after, however, the other driver came up from behind our client – from the middle northbound lane – passed our client and then suddenly moved into our client’s lane, directly in front of him, while at the same time quickly slowing his vehicle down so that there was little space between our client’s vehicle and the rear of the other driver’s vehicle. Our client had no time to react and was unable to avoid hitting the other driver.
When our car accident lawyers contacted the insurance company for the other driver, the insurance company refused to pay for the damage to our client’s car and would not take responsibility for the collision. They said that since our client hit their insured, therefore the accident was the fault of our client. Our client was also injured in the crash and had to miss work for a period of time.
Our car accident lawyers pointed out that the impact occurred primarily to the left front of our client’s vehicle because the collision occurred before the other driver was even fully in the far right lane. Our client had not quite reached the speed limit yet because he was still accelerating, having just entered Brooklyn Boulevard from the entrance lane. It appeared to our client that the other driver was intending to turn into the Cub Foods’ parking lot, as the entrance was a few feet ahead of where the other driver cut in front of our client.
There is no result on this case yet. However, the property damage photos do not support the insurance company theory that our client rear-ended their driver while he was already in the far right lane. The positioning of the crash just prior to the Cub Foods’ entrance strongly supports our client’s statement that the other driver cut in front of him to make that turn – particularly because the other driver could have only entered the far right lane after 56th Avenue, and did so quickly after the intersection, not yielding to our client’s right of way. Unless the two people in the other car’s vehicle are willing to testify that they also entered Brooklyn Boulevard from 56th Avenue, and can somehow explain the property damage showing a collision on the driver’s side front of our client’s vehicle – rather than the middle as would be expected if our client had rear ended them after they were in the lane, we do not think a jury will believe our client had any fault in causing the collision. The other driver made an unsafe maneuver in trying to suddenly cut in front of our client to get into the Cub Foods parking lot, and is therefore responsible for the resulting damage. While we will probably win, it would have been better (and saved a lot of time and money) if the other driver admitted the accident was his fault rather than denying it.
If you are injured in a car accident and the other driver disputes that it was his or her fault, call our office and speak with our lawyers for a free consultation. At the Rochlin Law Firm, we have over 25 years’ experience representing hundreds of people injured in a car accident. Our top attorneys will discuss your auto accident case at our offices in Edina, Minneapolis, St. Louis Park, or Woodbury. A car accident lawyer will also meet people at their homes in St. Paul, Roseville, Brooklyn Park, Forest Lake, Anoka, Chanhassen, Chaska, Apple Valley, Burnsville, and other cities throughout Minnesota. Our primary focus is on making sure our clients get all the compensation they are entitled to. We never charge anything unless you receive compensation for your injury.