Please help locate a driver!!! Accident Witness

[dimais65]

I don't know where else to go and have been trying to find a way to communicate with truckers. On Saturday, 1 Feb 2014, around 5:00pm, my family was nearly hit by a semi, then rear-ended by a Ford F150. Afterwards another semi was coming at us as we were rammed against a cement barrier and fortunately he was able to stop and the driver immediately ran out to check up on us. My daughter and I were injured. He said he would stay and give a statement because he saw the whole thing but my husband didn't want to stop him and thought it was a clear cut case as we were hit from behind. Unfortunately, the drivers of the other vehicle are fighting this and we need the witness statement now! The accident happened on I-40 eastbound at mile marker 173, west of Tijeras/NM14 exit 175. This is all the information I have and I need to find out how to locate this driver or get a message out to truckers to help.

We just want to right what's wrong and not be held liable for an accident that was not our fault. If anyone can help us or give us information to post this in other forums, we would be so grateful!!!

Thanks,

Diana

 

[Duck]

First you were nearly hit by a truck, then rear-ended by an F-150, then ....

Were you going like 40 mph on the interstate or something?

 

[dimais65]

Yes, it was unreal and we are lucky to be alive. However, we were not going 40mph on the highway (although this made me smile). We were going around 65-67 during 5:00 traffic on a Saturday and there were so many semis. As the highway went from 3 to 2 lanes, trucks start pulling over (I go this way every day). So we were already in the left lane passing vehicles when a semi pulled into the left lane causing us to hit our brakes or be hit. My husband hit the brakes, honked the horn, looked into the rear view and yelled "We're gonna get hit". The Ford slammed into us from behind causing us to spin and go across the other lanes of traffic and then hit the cement barrier. That's when the other semi was coming toward us and, fortunately, was able to stop before hitting us. I didn't see the driver but heard him ask if we were okay and my husband was trying to get to us and the emergency crew. He saw everything and my husband didn't want to postpone him and wanted to get to us. Unfortunately, the other driver changed his statement after giving his initial statement to the police and his insurance is going with the changed statement. I'm shocked. So now I'm trying to do something that probably will never come to fruition but I must try to get the word out and maybe find the driver. I wish I knew what kind of truck he drove or even his description but my husband can't even remember. You never know and it's worth at least a shot.

 

[Rigjockey]

I fail to see where nearly being hit by a semi give a base for a law suit. You should be suing the driver of the F150 for hitting you, Or is that ruck not big enough for you? did your lawyer tell you the bigger the truck the bigger the bucks? Your case is against the person that rear ended you. That is it that is all. A near strike is not a strike. Run along now.

 

[ezrollin]

@RJ

Unfortunately, the drivers of the other vehicle are fighting this and we need the witness statement now!

We just want to right what's wrong and not be held liable for an accident that was not our fault.

reading comprehension bro

 

[dimais65]

Thanks ezrolin. There is no law suit. It's just the insurance arbitration. The other driver changed his statement and his insurance company is going with the changed statement rather than the one he gave to the police. I didn't post this to be ridiculed. I was hoping for help getting the word out and just maybe we'll be lucky and be able to provide this to our insurance company as they fight the liability. I know it's a shot in the dark.

 

[Moonpie]

you do have the drivers original statement, if he changed his statement make sure it goes to court. If your lawyer is any good he will show this person as being a lier by changing his statement and the jury should rule in your favor. Never the less if his insurance company sees that it is going to court they will probably cave and offer a settlement, just let your attorney handle it.

 

[dimais65]

When the officer got the driver's verbal statement it matched ours perfectly and then when they asked him to write a statement he changed it to say we swerved from the middle lane to the left lane right in front of him (when we were in the left lane the whole time). He went off to the shoulder and hit us from behind but more on our left side so he's using that as we were swerving in front of him. We took pics of the skid marks to try to prove it. We don't want to go to court but are talking to an attorney next week to see what we should do. I agree with you though but hope we don't have to go to court. I'm just looking for anything I can to hold these liars responsible for what they did. I am shocked that people can be like this and straight out lie after sending my daughter and me to the hospital! If any truckers can spread the word over CB, I would be eternally grateful. This happened right outside of Albuquerque, New Mexico at the location I first posted. Thanks for any positive thoughts/posts!!

 

[Tazz]

Glad you and your Daughter are OK. I do not travel that way so I can be of little help. I wish you luck. I will leave the legal advice to your Lawyer.

It does serve as an illustration to drivers though to always get the name of any witness and a contact number.

 

[dimais65]

Thank you Tazz. I agree and we've learned our lesson. Hindsight is 20/20 and we wish we had.

 

[Tazz]

I was not directing that at you particularly. Just a reinforcement of what most of us are lectured on by the myriad of safety people we deal with.

Not sure how much you want to invest, and not sure the cost but if you get desperate a billboard along that stretch would catch him if it is that drivers regular route. Just as likely he is OTR and it would miss him though. Does your husband remember truck color, size (big, little, tall, narrow etc etc). Might help some of us narrow the search parameters.