car accident without contact?

B

Blumpkin

New member
my girlfriend was in a car accident by a lady who was making an illegal left turn. there was no contact but my girlfriend was run off the road. the lady who caused the accident was on her phone and sped off. the accident knocked my girlfriends screws loose in her back and now has to have ANOTHER surgery to fix them. there was pain and suffering, loss of work and school work. can we sue or take any other legal action for this?
the other lady drifted into her lane and FORCED her off the road. there was a witness.
 
Absolutely not.

Here's why:

1. There was no "accident" involving another driver. Another driver didn't "make" her run off the road. Your girlfriend had total control of the vehicle, and could have done something else. Sure, she might have hit the other vehicle, but that's a different situation.

In short, your girlfriend chose to run off road, in response to another driver's actions. But the other driver didn't FORCE your girlfriend to do that.

Think of it this way. If you're walking down a hallway, and I stand in the way...nothing forces you to walk into me. You can go around. You can stop. You can wait for me to move. There are ALWAYS choices. But, if you do run into me, you can't fault me. I didn't walk into you, you walked into me.

The other driver didn't force her off the road. She forced herself.

2. You didn't mention a police report or witnesses. Without either of those, it's purely hearsay, and you will immediately get dismissed in court. That's how court works. No evidence = no case.
 
As was stated: No evidence = no case. Your girlfriend reacted poorly to a traffic situation, and got herself hurt. That's all there is to it.
 
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