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Q.I have a question for any lawyer. I was the passanger in an auto accident today (Kalamazoo, MI), and had some questions. My 2 co-workers and I were stopping at a red light, and our car was struck hard directly from behind by a Rent-a-Center truck, which was the size of a ryder moving truck. The driver of the truck claimed that he used the brakes, but nothing happened. All three of us in the car sustained neck and back injuries (I was riding shotgun), which were enough to get medical xrays and medication at a health center after the report was filed. Does this sound like negligence on the company's part?? Should I consult with a lawyer, or wait for the company to contact me about a settlement? What if I can't afford a lawyer, but have a reasonable case????

A.Proving negligence depends on a lot of things and is not always easy. In your case, the driver's allegation of brake failure may be used at trial to show that he was not negligent, but that the rental company was. OTOH the rental company may offer proof that its truck worked just fine, and that the idiot they rented it to didn't apply the brakes in time. If the defendants both get the jury believing their stories and exonerating them, you may wind up with no one left to blame, and can lose your case. Bottom line, don't waste time before you call a lawyer who can take statements from witnesses, pin the facts down and help prove your case. Not only that, a lawyer will advise you of what elements of damages you are entitled to claim -- and, more importantly, what his professional experience and opinion leads him to believe your case might be worth for settlement purposes, or in front of a jury. Anybody who is injured and has a good case can afford a personal injury lawyer. Almost all the lawyers who handle car crash cases will represent you on a contingent fee, which means they take a percentage of the money they win for you, and they don't get paid unless and until you do. The very best attorney in your town costs no more than the average one. Ask friends and neighbors who have been in a car crash or made any other kind of injury claim, who they hired to represent them, and whether they would recommend that lawyer again. Or, talk to any lawyers you know, even if they don't do personal injury work, and ask them who they think are the best personal injury lawyers in your town. If you keep asking around you will find the same few names cropping up time and again. Call one of them and set up an appointment as soon as you can. You won't regret it.

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