I am trying to find out if I have a strong defense or not. OK so I'm being sued civilly regarding a motor vehicle accident for being negligent. In that, they allege my acts were negligent; that these acts were the legal (proximate) cause of their damages.
So in a nutshell here's what happened: the van I was driving, was hit by a bicyclist as I was making a left hand turn at a four way stop intersection. The police, with the help of an eyewitness, have found the cause of this accident to be that the bicyclist failed to comply with CVC 22450(a). (Not stopping at a stop sign.)
The thing I was not in compliance with was, that I was driving while my license was suspended. CVC 14602.1 (suspended for non-driving related issues.) The only other issue which may or may not be relevant is, that the van I was driving, was insured and owned by a friend of mine, and that I had borrowed it with out her knowledge.
Does anyone know tort law?
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Sadly, Not My Area
If there is anyone here who can help you, I'll gladly turn you over to them, but this is typically a forum for legal issues related to blogging, not so much tort law.
That being said, I know well that these issues vary wildly from state to state. You're delving into multiple areas of law here including insurance law, motor vehicle law and much more.
These laws differ heavily from state to state and, for example, the law in my state, Louisiana, will almost certainly not match yours.
That being said, I looked up your codes and it appears that you reside in CA, I wanted to confirm that is true.
On that note, typically speaking, if the officer finds the other party at fault for the accident, one has a very hard time proving that the party not at fault was negligent. However, that is a broad statement and there are dozens of ways it could be wrong.
My sincere advice is to get the services of an attorney in your area that is familiar with your local code. As someone who is comfortable reading law and has been in motor vehicle accidents, I can not overstate how valuable that is.
It will cost some money in this case since you are the defendant, but it will be money well spent.
I'm sorry that I can not do more to help but this question is simply beyond the scope of what is usually discussed here. However, if someone else can answer it, I will happily encourage them to do so.
Jonathan Bailey - plagiarismtoday.com
I have no idea but you can
I have no idea but you can try www.mesotheliomalawyerattorney.com
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