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"A truck driver said that I cut him off, and that's why he rear-ended me. Really, I passed him and got in front of his truck safely, and I was there for a while before he rear-ended me. Does he have a case?"
Typically, the driver in the rear who hits the forward vehicle is generally found to be at fault for causing the crash. However, if the trucker is claiming that you caused the accident, you need to be prepared for a battle with the trucking company and their insurance company, which is why it is critical that you speak with a skilled Atlanta accident attorney for legal advice.
If you have witnesses to your accident to prove that you were driving safely, made a safe pass, and were in your lane of traffic well in advance of when the accident occurred, then it’s likely that the trucker will be found at fault for the causing the car accident you were involved in. Additionally, attorneys can subpoena a trucker’s cell phone records, log books, and other info to help your case.
For example, if the trucker was on his cell phone or was found to have sent text messages just prior to the crash, then he will most likely be found guilty of being distracted behind the wheel, which could be considered reckless driving.
Also, if the trucker’s log books indicate that he did not take the required rest breaks and was driving too many hours, you may also have a case for drowsy driving that could have led to this rear-end accident in Atlanta.
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