Visitor Question

They hit my vehicle, now filing suit?

Submitted By: Perplexed (Illinois)

I was driving the speed limit, heading home from work on a two lane highway. I saw a semi truck approaching me going in the opposite direction. All of a sudden there was a loud noise and I noticed a car right beside me, they had just sideswiped my vehicle!

I saw them lose control, going one way then the other, crossing over into oncoming traffic and flipping, coming to rest upside down. People in that vehicle were injured and taken to the hospital.

The semi truck driver told me he saw them speeding up behind me and knew they couldn’t possibly slow down in time, so he pulled his truck over to drive on the shoulder and avoid a head-on collision. The vehicle passed right between the semi and my vehicle, sideswiping mine as they passed.

I know there were witnesses based on the posts on social media and I know what the driver of the passing vehicle gave as his excuse to a first responder at the scene. The police took statements from the semi driver and myself at the scene. Now passengers in that vehicle are filing suits against me.

I don’t understand how they can file or why a law office would take this case, when there is obvious evidence that I was not at fault. Why can’t the passengers file against the driver’s insurance not us?

We received the attorney’s lien letters this week. I was driving my work truck so my employer’s attorney is involved but hasn’t said much, they are waiting until they get more documents/information. The driver and his passengers who are filing the suit live about one hundred miles from where the accident happened in my neighborhood.

The registered mail was a surprise, I don’t want any more surprises. Is it possible to say what may be next? How might this ‘play out’? What can I do to defend myself? Thank you for any information you can provide.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Perplexed,

It is our policy here at InjuryClaimCoach.com not to interfere with the attorney-client relationship. To do so would be wholly inappropriate. Your best interests would be served by seeking the advice and counsel of the attorney representing your employer and you.

Here’s some general feedback…

Section 625, Subsection 11-701 of the Illinois Revised Statutes states as follows:

“Drive on right side of roadway – exceptions:

(a) Upon all roadways of sufficient width a vehicle shall be driven upon the right half of the roadway, except as follows:

1. When overtaking and passing another vehicle proceeding in the same direction under the rules governing such movements…

Limitations on overtaking on the left…

No vehicle shall be driven to the left side of the center of the roadway in overtaking and passing another vehicle proceeding in the same direction unless authorized by the provisions of this Chapter and unless such left side is clearly visible and is free of oncoming traffic for a sufficient distance ahead to permit such overtaking and passing to be completely made without interfering with the safe operation of any vehicle approaching from the opposite direction or any vehicle overtaken.”

From the facts you present, the driver attempting to pass you would appear to be wholly at fault, and thus you would have no liability for the driver’s damages. It is unclear why the other driver, through their attorney, would be pursuing a claim against you. Speak with your employer’s attorney. He or she will be able to tell you more.

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

Best of luck,

Published: December 10, 2016

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