Can I sue on an auto accident in small claims court?

My daughter pulled out of a shopping center to make a left turn onto a divided roadway after a stopped car on her left waived her out. She cleared left and right and pulled out but a truck from the right cut her off forcing a stop and turned in front of her passing on the left of her car. Just after that car cleared another car had pulled out of the line of traffic on her left and tried to pass in front of her sideswiping the front of her car left to right and kept going and left the scene. His insurance said it was her fault for pulling out when she could not complete the turn. Our defense is things changed rapidly. However, he made an unsafe pass. Are we right?

Asked on September 12, 2014 under Accident Law, Texas

Answers:

Anne Brady / Law Office of Anne Brady

Answered 6 years ago | Contributor

No, you are not right.  Just because some idiot waived your daughter out when she otherwise could not complete the turn due to traffic in the area is not an excuse to do so.  People who attempt to "waive" people out in the manner should be cited when accidents result, in my opinion, but they are not.  It is the person who pulls out when doing so is unsafe.


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