HIT BY AN 18 WHEELER

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HIT BY AN 18 WHEELER

I got hit by an 18 wheeler on a freeway when he was trying to come into my lane. He hit my oil tank and swept me off my lane. we pulled to the side and after 45 mins the police came. Right then he changed his statement and said I came in front of him. I took pictures and anyone I show them to agree with me. It is obvious from the pictures he ran into me since his bumper is all pulled out. My insurance company denied him any claim and his insurance agreed upon 50% of damages. I think this is wrong. I wish we could do lie detecting tests or pull out traffic cameras. What are my options ?

Asked on May 5, 2009 under Accident Law, Texas

Answers:

J.M.A., Member in Good Standing of the Connecticut Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

I am a lawyer in CT, not TX.  However, I practice a great deal of personal injury law.  You are in a very common situation and it is VERY frustrating!  First off, are you injured?  did you go to the hospital?  I reccormend going to the hospital to get checked out as you can never tell what sort of pain will arise and you dont want to be foreclosed from obtaining compensation for your injuries.  As for the issue of fault, if you want to make a claim out of this, then I suggest that you hire a lawyer to sue the company for property damages and pain/suffering.  Lawyers in this area charge based on what they collect, not by the hour (its usually 1/3 of what you get).  Once the lawyer is on board, the insurance company may be more inclined to give you more than 50%, especially if you have injuries.  If the insuance company still refuses to play ball, then you should file the case in court.  This will allow your lawyer to hire an accident reconstruction expert to prove what really happened and tell it to a jury.  Yes, this will take a long to to get to this stage (maybe 2 years), but if you do not mind waiting, and you have a lawyer that will tell you the claim is worth fighting for, then you should go for it as i hate liars too!  I wish you the best of luck!


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