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My boyfriend was in a car accident. A dump truck hit him which caused him to run into a driver who was at a complete stop on the highway because the driver could not get over to the other lane. Unfortunately the dump truck driver drove off. My boyfriend is uninsured. Will he likely be sued by the driver he hit? Luckily, no-one was injured. My boyfriend’s car had worse damage and had to be towed. The driver he hit did not have as bad of damage and was able drive away from the scene. Plus, the driver my boyfriend hit was visiting from out of state and was driving his son’s car.
Asked on October 14, 2017 under Accident Law, Ohio
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 3 years ago | Contributor
There's no way to predict if your boyfriend will be sued: that depends on the other driver and whether he believes that the cost of his damage is worth the trouble and effort of suing.
If your boyfriend is sued, he would only have to pay if he was at fault. The other driver, as the one suing ("plaintiff") would have to prove by a "preponderance of the evidence" (that it is more likely than not) that your boyfriend was at fault; your boyfriend in turn could present evidence (such as photos of where the truck hit him) and his testimony to show that he was struck first and forced into the accident by the impact--that is, that he was not at fault. Only if a court felt that he was at fault (driving negligently or carelessly) would he have to pay compensation to the other driver.