first time going to court: what to do?

[Stratus_Power]

need some advice here for my sister

approx 3 months ago some trucked rear ended her car. the story is that she wasnt sure if she were to turn right or str8.. so she kind turned rite in a red light, but then she realized she's going str8 so she slammed on the brake. the Truck thinking that she's turning right, hitted gas and rear ended her.

so she just got a letter to go to court because the truck ( like pickup.. not like big truck) drive is trying to fight it...

so..

wat should she be expected?
does she need to call places like pointt or what not??
is this serious?
wats the worst that could happen..

[DUBBED]

i dont know anything about the court side of it...
never been and never plan on going...

but ive dealt with the insurance companies and po-9 about rear end accidents and ive got it nailed down in one sentence for you....
this was told to me by a police officer man

"The alberta traffic laws state that you must be following at a safe enough distance from the vehicle in front of you that you can stop in ANY circumstance." they told me this after i slid 300 feet down a hill into the back of a truck... i told him a freaking ski hill groomer couldnt have stop on that and he insisted that i couldnt stop so i was driving unsafe...

basically the guy who hit your sister is at fault no matter what he thinks because he wasnt able to stop in time therefore was not following at a safe distance... i wouldnt worry about it... your sister has the upper hand

[4wheeldrift]

Originally posted by DUBBED
"The alberta traffic laws state that you must be following at a safe enough distance from the vehicle in front of you that you can stop in ANY circumstance." they teach you that in drivers ed!!

basically the guy who hit your sister is at fault no matter what he thinks because he wasnt able to stop in time therefore was not following at a safe distance... Thats the gist of it. At least in Alberta, if you are rear ended its the person behind you who is at fault for following to closely. It doesn't matter if you had a brain fart and decided not to turn and he hit you or any other circumstance you can think of.

[Si_FlyGuy]

your sister should suddenly develop neck pains and vision problems for the claim......hehe...

[buh_buh]

yeah, 4wheeldrift is right.
Even if you get hit into the person in front of you its your fault you hit the person in front of you.

[davidI]

I think it sort of sucks for the guy in the truck since it was sort of your sisters fault but that's the way the law works so she should be fine.

[GTS Jeff]

hehe she can go to court and just sit on her ass cuz the law is on her side.

[SI-vic]

Yup, everyone is right, the law is basically this, if you are rear-ended then it is a 99.9999999% chance that it is their fault.
The guy who is trying to fight it off is just wasting his time.

[fast95pony]

Please warn us when your sister goes driving again....

[Weapon_R]

Originally posted by SI-vic
Yup, everyone is right, the law is basically this, if you are rear-ended then it is a 99.9999999% chance that it is their fault.
The guy who is trying to fight it off is just wasting his time.

Although there has been cases where the driver who hit another from the rear end has won because of complete front driver stupidity. If the truck can prove that your sister was wrong in stopping and had no reason to stop, he will win :). It's happened before.

Don't you have a lawyer? Why would you be going alone at this?

[Stratus_Power]

hehe thanks for the advice... my sister wants a lawyer (duh).. but i personally dont think its necessary because there is no way he can prove that its my sis' fault unless he somehow taped everything...

so basically i dont really need a lawyer eh??

[Hakkola]

Yeah, but if by some stupid mistake your sister loses, do you think she's gonna be happy with you for convincing her not to get a lawyer?

[rtypeteg]

It's definately the trucks fault. He shouldn't have been driving that close behind your sister.

[___2PaC___]

Originally posted by Si_FlyGuy
your sister should suddenly develop neck pains and vision problems for the claim......hehe...


:werd: :rofl: