A Pepsi truck ran me off the road. Damage to my tire. What are my rights?

This morning I was taking my husband to work
and a Pepsi truck pulled out of a store driveway
while I was moving forward. In order to avoid
him, I had to hit a lane divider. My tire
completely busted. The driver waved sorry and
refused to stop. What are my rights?

Asked on November 12, 2018 under Accident Law, Oklahoma

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

If you believe that the truck was being driven negligently or carelessly and in so doing caused you to hit the divider and rupture your tire, you could sue for the sum of the cost of the new tire (and labor to install it) and any roadside assistance or towing you had to pay for. That's the problem; you can only sue for the actual costs you incurred. Whether it is worth suing over those amounts is a cost benefit decision you must make.


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