Car cut in front of me but I'm 100 percent at fault?

by S

I was driving on highway 72 coming from Corinth, MS, heading towards Collierville, TN, when a lady and I were in a collision. My front hit the back of her car. She got in front of my car turning left onto highway 72, not allowing enough time for me to break at all. She just cut in front of me, so I couldn't avoid rear ending her.

My car is now totaled. I believe hers is also totaled because it was in the median ditch. I went to check if anyone were hurt after the crash. I crossed the 2 lane highway and asked. She started to threaten to sue me for her 14 years old grandson's injuries.

At the time, there was also another man that was on site of the accident. Later a church couple came from the other direction, they stopped because they knew the driver I hit. They said that she'd just left a few moments prior.

The lady claimed she saw me slowing down with my signal light turning left to get into the median turning lane, so she turned onto the road and I hit her. I was not switching lanes at the time, I just forgot to turn off my left signal light. But I never slowed down due to the fact that I was on cruise control.

Her story then changed when the state trooper came to the scene. He did not give me or her a citation. I went to get the police report today and it stated I failed to yield. So she told the officer a different story.

The officer only briefly asked me if I saw her in front of me when I hit her and I responded no. But before I switched lanes I know for sure there was no one in front of me in the left lane. And to top it off, I found out that it wasn't even her car, it was her daughters car and the car was not insured.

Why wasn't the other man listed as a passenger or a witness on the police report? Why was I put down as failure to yield? And if her grandson was hurting so badly why moved him out of the car to lay on the ground?

I have enough insurance to cover both parties, but why can she lie like that and get away with it? Earlier today her daughter called and threatened to sue me after requesting the claim number. I wasn't refusing any information, I just didn't have all the information myself. Then she stated her son has only minor bruises from the accident.

I had just came home from the ER at the time we spoke. The doctor diagnosed me with a concussion from the accident. I have told my insurance company about it and also spoke to an attorney. The adjuster said not to pick up the daughter's calls anymore.

The lawyer said they may not be able to take the case since the officer put in the accident report I had failure to yield, but that's incorrect, she cut out in front of me. What should I do or what can I do? This doesn't seem right that I take all the liability for this accident. Thank you.

Visitor Question:
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ANSWER for "Car cut in front of me but I'm 100 percent at fault?":

S (Collierville, TN):

Most police officers have extensive training in accident scene investigation. The police officer who investigated the accident scene had wide discretion in the completion of the accident report. While the officer should have spoken with all witnesses at the scene, the officer isn't bound by any laws requiring him or her to do so.

After investigating the scene, the officer probably determined you signaled a turn, and the other driver relied on that signal. That was a reasonable assumption by the other driver. In that case, it was inappropriate for the officer to have issued a failure to yield citation to you.

Make sure you speak with the insurance company claims adjuster who is in charge of the claim. Explain your side of the story. The claim adjuster likely took the other driver’s statement, and possibly that of her passengers and any witnesses.

Unfortunately, after explaining your side of the claim to the insurance adjuster, it will up to the adjuster to decide whether to pay the claim or not.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.

Best of luck,

Judge Calisi

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