Expert: Ron Cercone - 2/25/2011

Question
QUESTION: I recently was in Moscow, Idaho visiting some friends when I was asked to drive a friend's truck from the Les Schwabb that was working on it, to my truck-less friend in our mutual hometown some 80 miles away. On the road back I hit a patch of ice, and over-corrected several times when I saw oncoming traffic on this small two lane road. Rather than risk a 100+ mph collision, I took it into the ditch where it rolled and caused irreparable damage to the vehicle. After both of our Insurers denied our claims based on the fact that both of us only had Liability Insurance, my friend is Suing me for the value of the truck, even though I was doing him a favor and he wasn't carrying Full Coverage. Does he have a case? Do I have a defense?

ANSWER: your friend would have to prove you were negligent, and if the only evidence was testimony, then rhbe judge would have to decixde if the testimony was believable. now if you testify that you were doing 100 mph on icy roads, then a judge would probably rule that you were negligent.

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QUESTION: I was doing less than the posted speed limit, but I was given and did pay a ticket for violation of Idaho code I49-637, basically failure to stay in a lane. Does this make me 100% negligent?

Answer
I think a judge would say yes, but you have nothing to lose by going to small claims court. You would have to argue that the police officer should not have given a ticket due to the circumstances. And if you supoena the police officer, he may not show up to defend the ticket.