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My daughter was in a car accident whereas she was hit on the…

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My daughter was in a...
My daughter was in a car accident whereas she was hit on the drivers door while merging into the left lane on the expressway. The other driver sped up in an attempt to prevent her from coming into his lane. She was given a citation for failure to reduce speed to avoid an accident. Was she at fault? He saw her merging, shouldnt he have been cited... Read full answer
My daughter was in a car accident whereas she was hit on the drivers door while merging into the left lane on the expressway. The other driver sped up in an attempt to prevent her from coming into his lane. She was given a citation for failure to reduce speed to avoid an accident. Was she at fault? He saw her merging, shouldnt he have been cited for failure to reduce speed to avoid an accident?
Submitted: 9 years ago.Category: Legal
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Answered in 6 minutes by:
3/14/2010
Lawyer: NewYorkLaw101, Attorney replied 9 years ago
NewYorkLaw101
NewYorkLaw101, Attorney
Category: Legal
Satisfied Customers: 439
Experience: 10 years civil litigation, no-fault, personal injury, premise liability and municipality law
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Hi and thanks for using Just Answer
Sorry to hear about your daughter's accident. Citations which are normally provided on an accident report are usually just what the police officer surmised after arriving on the scene. I would suggest that your daughter when she reports the matter to her insurance company makes it clear as to how the accident happened -unfortunately, the argument that the other driver should have been cited for failure to reduce his speed to prevent an accident would then beg the question if that was the case your daughter likely did not have the right of way to make such a merge. One of your strongest arguments with the insurance company is the points of impact in arguing that the driver that struck your daughter had ample time to avoid the accident and was at fault. Good luck
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NewYorkLaw101
NewYorkLaw101, Attorney
Category: Legal
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Experience: 10 years civil litigation, no-fault, personal injury, premise liability and municipality law
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