need a lawyer

[05mazdaspeed]

While driving to work earlier last week a car pulled out in front of me. I put the brakes on as soon as I saw him but it was to close and we hit.
Now due to the fact that the damage is to the rear of his car I have been cited for Following to closely.
My car is totaled and it is unlikely that his insurance will pay to replace the miata.
Looks like I am going to court, so does anyone know of a good attorney who practices in Cobb county?

[metalman]

Bummer. I highly doubt you have a case as that type of accident (rear hit) is pretty much always your fault...as is indicated by your citation. Most likely you will have to eat your own damages (unless you have full coverage) and your liability insurance will pay his as well. Unless you have witnesses etc, not related to you or friends of yours, its unlikely that you will be able to prove anything other then you hit him.
Of course there is no harm in consulting an attorney.

Its also been my experience that insurance companies will act as they see fit, and even if you say the other driver did something stupid, if they dont see really convincing evidence, and even sometimes then, they will still just make it all go away by paying....because they know its cheaper for them in the long run. They are not very interested generally in trying to contest such cases, and dont really need your approval to pay out.

[jester911]

One thing that could help your case is to find a witness assuming there were any.

[scandmx5]

This is exactly what happened to me two weeks ago. He pulled out in front of me and instead of a tbone by the time my truck was done sliding it impacted with the rear of his car. He did get the ticket though, but tried to tell his insurance company it was me that was following too closely. What Jerry said is right, but in this day and age- rarely if ever do people stop and check if you're okay let alone bother to hang around to be a witness. Like many of the other guys said in my thread...the citation is the biggest piece of it. I don't understand why he cited you, if you told him what happened unless the other person was a damn good liar. Skid marks help in justifying whose fault it was. If there were any, I'd go back to the scene and take pictures and try to get in touch with the officer again. I'm glad you're okay, but no one wants to be dicked over like this, especially when it wasn't your fault.

[metalman]

Here's a story that is relative to these type situations:

Car A is backing slowly out of driveway onto country lane. The posted speed limit on the lane is 15 mph. At the moment car A's rear bumper enters the roadway at the edge, a motorcyclist comes around the corner sweeper at nearly 100 mph. Not only was the cyclist excessively speeding, he was taking the 'inside' of the corner all the way to the edge, which put him in the opposite lane. Needless to say he impacted the car was thrown multiple hundred feet etc. There were witnesses, my family among them.

Long story short, the insurance company for car driver A payed ALL of the expenses of the dumbazz doosher cyclist plus 'pain and suffering'. Why? Because they chose not to fight it, they just wanted it to go away. Being schooled in the law the driver of the car told the insurance company he didnt wish to pay and wanted to contest it. They told him he was free to seek some private court case if he wished, but they did not need his consent to pay. And, that it was their position that doing so would be cheaper in the long run for them. The end.

I have had a similar, although less ridiculous circumstances arise with a child driver on my insurance. Same thing, insurance was paying off regardless of my opinion. The end.

Bottom line: Its likely up to the insurance company.

[05mazdaspeed]

no wittness except me and the other driver. He apologized like crazy but that does not help at all.

I guess I should have just stayed on the gas and t boned him instead of trying to stop, giving him a chance to get in my lane. I always thought that when you pulled onto a road you were suppose to yield to traffic.

My insurance has told me they do not plan on paying his damages unless ordered to do so by indipendent arbitration.

regardless of what happens I plan on fighting the ticket just on the princple that I did everything possible to avoid the accident in the first place.

[CharlestonMX5]

It's call failure to yield right of way. You might have a good case to fight the ticket. It was given based on statements of the drivers, unless the officer saw the accident. Good luck !

[VitaminD]

You dont have anything to lose by fighting it. Get the officers report and anyone who was at the scene.

[05mazdaspeed]

Talked to an attorney today. After looking at the diagrams in the report he couldn't believe they cited me. Said it should be pretty easy to have the charge dismissed.

Hopefully the other drivers insurance will agree to pay for my car.

[Chris_R]

Care to recommend the attorney? My daughter was hit by a drunk/suspended-license driver.

[05mazdaspeed]

The Semrau law firm P.C.

my attorney is Linton S. Johnson, III

770-795-7751
30 Trammell Street SW
Marietta, GA 30064

I looked at alot of reviews from other people who have used them. everyone seemed to happy with their experience.