再問老貓和各位，關於 "緊急求助：車禍法律谘詢"

昨天的帖子見：http://web.wenxuecity.com/BBSView.php?SubID=law&MsgID=62491

首先謝謝老貓昨天的回帖，我認真地看了。我寫了關於車禍的詳細過程，及其我認為我沒有責任的理由（英語版）。請幫我分析一下，謝謝。
開始隻想著要justice, 要回自己的損失（一部車，~$4800, 和家人的醫療費，~$3000。被告的車因為是他的車頭撞得我，沒有什麽損失。我的車因為躲他的車，撞倒了電線杆上，所以報廢了。）, 沒想到這麽麻煩。平時還很忙。

我還有從警察局拿到的reprot,7個月內同樣的路口發生過其他3起極其類似車禍，均是對方錯誤，我們碰到的警察卻說不能斷定是誰的責任。

被告現宣稱讓法官dismiss this case and be awarded his costs and expenses in and about the defense of this action and for any such relief that this court deems proper.

還有一問題是被告律師來自Nationwide trial division, same company with the auto insurance. 該律師應該是拿了錢的吧？ 否則我不明白為什麽同樣的保險公司不給我們提供律師，而且在我向我這方的rep 敘述情況時， 我方rep從來沒有為我說過話，而是為被告辯解，說為什麽有可能是我的錯誤等等。感覺受到了歧視。我想是因為如果我贏，保險公司就要賠錢，如果我輸，他們就不用賠了。

下麵是車禍的全過程以及我的理由:


On November, another driver and I were waiting for the green light to make a left turn from xx Street onto xx Street. Both lanes can turn left. After the traffic light turned into green, we started to make a left turn. I was a bit ahead of the other driver. The other driver veered into my lane and hit me on the driver’s side doors. It was the right front of his vehicle that hit my car. After the collision, I stepped on the brake pedal and tried to stop, but was still forced into a traffic pole. After the accident, a bystander called the emergency number. Frightened by what just happened and seeing that my family was hurt, we decided to go to the hospital by ambulance. I only had time to talk briefly with the police officer who made the report. The other office who was there encouraged us to seek medical attention right away even though we have no health insurance. He believed the other driver’s insurance would cover it.

Although the office who made the report said he could not determine who was at fault, we believe the other driver caused the collision.

1. Since it was my car got hit on the driver’s doors, and it was the right front of his vehicle that hit my car. It was obvious that the other driver tried to get into my lane directly. Based on the damage to my car, it is clear that the other driver was at fault. Please see picture 1 on next page. If both of us turned the correctly way, even if the vehicles collided, it should be happened between the bodies of his passenger side and the bodies of my driver side, but not the right front of his vehicle hit the doors of my driver side. Please see picture 2 on next page. IF NOT SO, please explain to me how my car could get hit at the moment by the right front of his vehicle. I failed to understand why the other driver and I were equally at fault to the accident.

2. There was a traffic pattern change in the past at the intersection between the Pleasant St. and the Spruce St. In the past, right lane can only go straight, no left turn allowed. The other driver is from Pennsylvania. I think the other driver does not know this change at all, that was why he veered into my lane without any hesitation before he finished his turn.

3. We have a witness, xxxx, who is from xx Towing and can be reached at xxxx. He has experience to judge which driver is at fault depending on the scene after the accident and the damage to the cars involved with the accident. Based on the damage to our car, he believed that it was the other driver was at fault.

4. We have evidence from my local agent xxxx with Nationwide agency too. I talked with her. She also thought it was NOT my fault, because she knows that intersection very well, she goes through that intersection everyday too. She said it is always the other driver is on fault if similar situation happens. You can contact her at xxxx.

5. We have the records from the Department of public safety. There are at least 3 more accidents other than mine happened at the exactly the same place since April 2006, in all cases, the drivers on the left lane were 100% at fault. I put them as the attachment to this letter.

6. I have 6 years of safe driving record, which makes me fail to understand why the other driver and I were equally at fault to the accident. I always drive very carefully. I am so familiar with the intersection where the accident occurred, because I cross there everyday, more than once sometimes.

所有跟帖： 

• 老貓趕著去上課，晚一點在回答您 ! -單身老貓- ♂ (55 bytes) () 03/13/2007 postreply 15:16:31

• 回複：老貓趕著去上課，晚一點在回答您 ! -chaojiyingming- ♀ (450 bytes) () 03/13/2007 postreply 19:01:12

• 回複：老貓趕著去上課，晚一點在回答您 ! -chaojiyingming- ♀ (352 bytes) () 03/13/2007 postreply 19:31:23

• 回複：回複：老貓趕著去上課，晚一點在回答您 ! -單身老貓- ♂ (70 bytes) () 03/13/2007 postreply 22:01:35

• 回複：回複：回複：老貓趕著去上課，晚一點在回答您 ! -chaojiyingming- ♀ (123 bytes) () 03/14/2007 postreply 05:55:43

• 回複：回複：回複：回複：老貓趕著去上課，晚一點在回答您 ! -單身老貓- ♂ (1336 bytes) () 03/14/2007 postreply 06:49:57

• 回複：回複：回複：回複：回複：老貓趕著去上課，晚一點在回答您 ! -單身老貓- ♂ (1776 bytes) () 03/14/2007 postreply 09:32:50

• 回複：回複：回複：回複：回複：回複：老貓趕著去上課，晚一點在回答 -chaojiyingming- ♀ (176 bytes) () 03/14/2007 postreply 12:25:10