Anyways I was on my way home from work, about a mile away from home going down I-35 southbound I was in the second righthand lane and the ba$tard was in the far right hand lane. I was about to pass him when I was about a car length behind him in the other lane when he cut infront of me I didnt even have time to react I slammed into the left corner of his trailer did a 540. I was knocked out on impact when I came to I was facing traffic in the middle lane. I jumped out of my crushed coke can of a car and ran to the side of the road where I was met by a truck driver yellin you ran into the back of me, I was like what the hell are you thinkin. He went back to his truck to call the police. In the mean time some people pulled up to see if I was alright. A minute or two later the abulance gets there and takes me to the hospital.I called my mom she went to the scene and talk to the police. They were searching my car and asked her where I was coming from and she said work the cop look at his watch and told her that I fell asleep at the wheel.He gave my mom two tickes to give to me. The cop never came to get my statment from the hostpital. They run x-rays cat-scans and flush the glass out of my eyes. After done the truckdrivers insurance adjuster comes in to talk to me to see if Im alright. I told him other than a few scratches I was fine but as for my car no. He told me he would keep in contact with me. About a week later I get a phone call from Tyson chicken they want to know how "I" am going to pay "THEM". They told me that by there truck drivers statment it was my fault and that I owe them $460 dollars for damage to there trailer. I said I'm not paying you anything,it's not my fault, you guys owe me a new car.She said well you got the ticket I said yeah and I'm fighting it. She said well call back when we get the police report. About 10 minutes later I get a call from the insurance adjuster wanting to take pictures of my car and get my statment. I was glad someone wanted it. The next day I got the police report, it said I was at fault for failure to maintain speed, unsafe move to the right, and sleeping. There were no witnesses listed on the report. I know form reading the report that the cop was predjudice against me cuz I was a street racer. I didnt know what to do. So then I got a letter in the mail saying that they denied my claim. So I talked to my uncle who is studing law and he called the insurance adjuster and talked to him the insurance adjuster said if I wanted I could make a settlement offer and they might accept it to avoid further litigation now I'm waiting to see what they are going to do. It sucks not having a car for a month. I will have pics up in a day. All you guys stay the f#ck awayfrom 18 wheelers!

 

paragraphs own you.

If you are telling the truth, it should be easy to get your money. Get a real lawyer immediatly!! It looks like a suit against tyson should get you your $$, and fighting the ticket (again with the lawyer) could get your $$. I doubt them dropping the ticket will be enough to get the insurance to reopen the case.

<TABLE WIDTH="90%" CELLSPACING=0 CELLPADDING=0 ALIGN=CENTER><TR><TD>Quote &raquo;</TD></TR><TR><TD CLASS="quote">Anyways I was on my way home from work, about a mile away from home going down I-35 southbound I was in the second righthand lane and the ba$tard was in the far right hand lane. I was about to pass him when I was about a car length behind him in the other lane when he cut infront of me I didnt even have time to react I slammed into the left corner of his trailer did a 540. &lt;accident&gt;

I was knocked out on impact when I came to I was facing traffic in the middle lane. I jumped out of my crushed coke can of a car and ran to the side of the road where I was met by a truck driver yellin you ran into the back of me, I was like what the hell are you thinkin. He went back to his truck to call the police. In the mean time some people pulled up to see if I was alright. A minute or two later the abulance gets there and takes me to the hospital.&lt;immediate reaction&gt;

I called my mom she went to the scene and talk to the police. They were searching my car and asked her where I was coming from and she said work the cop look at his watch and told her that I fell asleep at the wheel.He gave my mom two tickes to give to me. The cop never came to get my statment from the hostpital. &lt;police involvement&gt;

They run x-rays cat-scans and flush the glass out of my eyes. After done the truckdrivers insurance adjuster comes in to talk to me to see if Im alright. I told him other than a few scratches I was fine but as for my car no. He told me he would keep in contact with me.&lt;at the hospital&gt;

About a week later I get a phone call from Tyson chicken they want to know how "I" am going to pay "THEM". They told me that by there truck drivers statment it was my fault and that I owe them $460 dollars for damage to there trailer. I said I'm not paying you anything,it's not my fault, you guys owe me a new car.She said well you got the ticket I said yeah and I'm fighting it. She said well call back when we get the police report. About 10 minutes later I get a call from the insurance adjuster wanting to take pictures of my car and get my statment. I was glad someone wanted it.&lt;tyson's involvement&gt;

The next day I got the police report, it said I was at fault for failure to maintain speed, unsafe move to the right, and sleeping. There were no witnesses listed on the report. I know form reading the report that the cop was predjudice against me cuz I was a street racer. I didnt know what to do. So then I got a letter in the mail saying that they denied my claim. So I talked to my uncle who is studing law and he called the insurance adjuster and talked to him the insurance adjuster said if I wanted I could make a settlement offer and they might accept it to avoid further litigation now I'm waiting to see what they are going to do.&lt;more insurance info&gt;

It sucks not having a car for a month. I will have pics up in a day. All you guys stay the f#ck awayfrom 18 wheelers!&lt;your opinion/conclusion&gt;
</TD></TR></TABLE>

See how easy that was!

 

ive always hated driving next to those f**ks on the freeway/highway. ive seen stuff like this happen. i always spped up to pass or slow down to let them pass as soon as i see them.

i dont trust them because i dont know where there blindspots are, obviously you were prolly in one one of there many blindspots wich sucks. so he thinks that you ran into him since he didnt see you.

then the cop got there and got HIS side of the story.....and you mom didnt really know you side. so in the end its all on his account. you had no say in what happened. that is rediculouse. you should be able to fight it easily. call one of those lawyers you see on tv all the time . lets see this thing.....hopefully this all gets resolved.

good luck to you.....and sorry to hear about this.

 

Get a lawyer fast. THe fact your statement was not taken at the scene by the cops tells me something is obviously not kosher. It should have been easy to prove from tire marks who was where at the time of impact. get out there quick and take paictures of the road surface before they are gone.

 

No I already did there weren't any my rex was too light. Thanks Guys I'll get a lawyer asap.

 

WHY were you sleeping and driving?

You should have pulled over and slept someplace!!!!
Don't bother with a lawyer - you were SLEEPING and you can't win!

 

He never said he was sleeping. the police reports says he was sleeping. bu the police never took is deposition on this and there is no witness. if he was sleeping do you think he could tell us what happened .

 

lol alright guy Ive worked third shift for about a year now and I have my sleep pattern set up diffrent than yours. Right now is late to me

 

This case is pretty simple.
If the impact was from the rear of the trailer, then it is probably your fault of course it might not be, i don't know all the details.
If it was in the middle or the front, it is the truck drivers fault.
Since your impact was close to the rear the cop probably took it that it was your fault, because if the trailer did signal, and you were in the rear, you should have let the trailer pass.
Correct me if I am wrong.

 

<TABLE WIDTH="90%" CELLSPACING=0 CELLPADDING=0 ALIGN=CENTER><TR><TD>Quote, originally posted by MugenHonda &raquo;</TD></TR><TR><TD CLASS="quote">This case is pretty simple.
If the impact was from the rear of the trailer, then it is probably your fault of course it might not be, i don't know all the details.
If it was in the middle or the front, it is the truck drivers fault.
Since your impact was close to the rear the cop probably took it that it was your fault, because if the trailer did signal, and you were in the rear, you should have let the trailer pass.
Correct me if I am wrong.
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i dont that would give the right for a truck driver just to merge and say "oh well shoulda moved". That would be kinda dumb in my opinion. Maybe he was half asleep and didn't realize what he was doing...

 

the two lanes we were in were exiting off I-35 onto 20, except in my lane you can go either straight or exit, maybe that will explain it a little more.

 

were you passing on the right or left? That could make a big difference in who gets the ticket. I guess we'll tell from the pictures though.

 

well its raining where im at and I was suppose to go to my uncles to get my firewire card to upload pics onto my computer. Might get them up after the rain stops. I was to the left of him. That wouldnt matter who got the ticket cuz I already did. Just got to fight it now.

 

In your state is there a line on the bottom of the ticket that you have to sign? Does the issuer of the ticket say "signing this is not admitting guilt, but is only a promise to appear at court"? Did you sign it or did your mom? I think a good lawyer could get you out of those ticket right then and there. If you didn't sign and promise to go to court... well, then WHY should you even go to court?

 

Umm well a lawyer might be able to get me out of the tickets but only on a technicality and that wouldnt mean I didnt do it I have to prove ne innocence to the court in order to get help me get the insurance company to pay for my car.

 

pics?

 

glad you're ok

just a question...what Tyson Chicken...is that like KFC or something?

 

this should be easy. if the impact to your car is on the side then its his fault. if its to the front then its your fault. even if he did cut you off and you hit his ***-end they will fight that you must have been speeding then if you couldnt stop in time. but the bullshit about being asleep should automatically throw the ticket out. how the hell can you tell someone was asleep at the wheel? just ask them for proof that you were asleep. and if they say bullshit like "well it was 2am and its proven fact that 90% of accidents after 1am...blah...blah" show them that you work that late all the time and youre used to it. you shouldnt need a lawyer

and Tyson Chicken is frozen chicken in the grocery store

 

Yeah well the damage to my car is on the front right coner and all along the right side. Yeah hopefully they will just throw it out but I dont know. If they do and the insurance company doesnt pay me then im gunna sue the *** out of them. Do you think I could sue the cop for obstruction of justice too for not taking my statment.

 

Man.. get a lawyer already. I want to see what they say to you about all this.

 

bump

 

get a lawyer...im happy i have one with my accident...i got hit by a lawyer who was doing 60-70 in a 30 zone...

 

good luck bro. get a lawyer. I have had many experience's dealing with the law and i cant stress enough how important is to have a lawyer.

 

when i wrecked my eg, the cops came to the hospital to take my side of the story. get a lawyer to fight your case in court, that will increase your chances of getting a check cut to you by tyson! good luck