Car Accident : Driver w/ no insurance being sued! Cannot afford Lawyer! Need True Legal Advise NOW!?

Question

Here's the senario:
2 way stop (north / south) & straight through traffic heading east & west. Eastbound is 1 lane and Westbound is 1 lane. They have been seperated by a solid white line.
The defendant is stopped at a stop sign (facing north and preparing to make a left hand turn).He checks for oncoming traffic & see's a Big Truck slowing down (with his blinker on) to make a right turn. The defendant proceeds to make a left-hand turn (because the Truck is beginning to make it's right turn) when suddenly a car that was following the Big Truck comes from out behind the Truck (Into a Left Hand Turning Lane) and strikes the defendants car (t-bone). That car was not making a left hand turn, and therefore continued to accelerate in order to go straight through, even though they were in a left turning lane.
In Short: She is in a left turn lane but has no intention of turning left, she goes straight & hits defendant. She sues for injury. What kind of outcome can you predict? Can She Win?

Answer 1

Was there a ticket issued? Were there witnesses? You'll need them. Do you have a copy of the police report?

Not having insurance is against the law. Doesn't mean she'll win - but you would be suspect without testimony of an eye witness regardless of what happened in the accident.

For the record, you should not have been turning with the truck "making its turn" since the right turning vehicle has the right of way. Left turns across traffic must yield. (This incident should explain why this is so.) Had you yielded, this accident would not have occurred.

She should have uninsured motorist coverage as to pay for her injuries - but that doesn't mean she can't seek judgment against you.

Answer 2

Do you have any witnesses, such as the truck driver, about who was where at the time of the impact? Did you get a police report? Off hand, if you can prove that she was in the left turn lane going straight through, she was she obviously had no right to be. Off hand, I would say that you have her. You need to contact the highway engineer for that area. If there are any signs that state that the left turn lane traffic must turn left, she is at fault for not obeying traffic signs. I know people do such things all of the time, but that doesn't make it legal. So far as a lawyer goes, the Bar Association for your state should have a listing of lawyers that can help you, for free, or for a lower fee. Services that offer legal aid to those in need are in a lot of states, and the Bar Association would be the agency to ask. You do have a right to discovery, that is, does she have a record of such, or any kind of traffic or driving offenses. The right to discovery is a legal term that gives you the right to gain information about your opponent that might well be damaging to that person. What was this person's great rush that staying in line and not trying to pass as happened, caused this person to do so. Turn lanes ARE meant for turning, not as extra passing lanes. These technicalities and highway facts could help you win this case. If you win, sue the other driver for everything that you can think of, damages, mental anguish, extra insurance costs, and what ever else you can think of. One thing to ask the Bar Association about, lawyers who accept cases on a "pay if we win basis". I think you have a good case, and could win.

Answer 3

Without knowing what state this occurred in, I can't help you. Individual state traffic codes & criminal codes define which is correct and which is not.
In MANY states you are guilty of a class A misdemeanor for driving without insurance.
You WILL be asked the following:
1. How you got to court.
2. If you drive, do you now have proof of insurance?

If you do not, you can kiss your butt goodbye - you're going to jail.
As for the outcome, again I need to know the jurisdiction you are in. SOME STATES declare you at fault because you have no insurance. This is a fairly recent thing, but it DOES happen. She CAN win. You need to have witnesses ready to testify for you, as well as proper documentation, such as estimates, police reports, etc.
If you truly have no $, and no assets, then you may be "judgment proof" because you are insolvent. It might not hurt you at all to have a judgment against you. BUT, that is an extremely harsh thing for both you AND the plaintiff. It means that any assets you acquire in the future are accessible by the plaintiff.
I strongly recommend that you look at your state's Bar Association homepage. ALL STATES have a program for Civil Legal Aid, which is FREE. If you meet certain income requirements, you can get FREE representation. If you do NOT qualify, you can ask for referral to attorneys who may give you a serious break in the amount that they charge. Most states require a certain number of hours of Pro-Bono service, in order to keep your license. (In my state, it is 40 hrs per year.)
You are ALWAYS better off consulting an attorney who is licensed to practice in your own state. Please, visit the web page of your state's Bar Association.

Answer 4

The scenario isn't good since there isn't any insurance. I would call around and ask for some free advice from an attorney, some attorneys will give Free Consultations. They may know some one that can be of help, where the person could get an attorney that would help them for free.

If a Free Consultation can be gotten, why not take it and see what can be done.

I hope this helps with your question, I wish I could tell you more. God bless!

Answer 5

No insurance, in big trouble.