How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask texlawyer Your Own Question
texlawyer
texlawyer, Attorney
Category: Personal Injury Law
Satisfied Customers: 4779
Experience:  I have assisted many customers and clients with their personal injury questions and experienced in personal injury litigation.
45002201
Type Your Personal Injury Law Question Here...
texlawyer is online now
A new question is answered every 9 seconds

When filing suit car accident, how do I prove that the other

Customer Question

When filing suit for a car accident, how do I prove that the other driver is at fault if I don't have access to witnesses or surveillance camera footage of the accident?
Submitted: 4 months ago.
Category: Personal Injury Law
Expert:  texlawyer replied 4 months ago.

Hello. I'll be happy to assist you.

At trial, you can call whatever witnesses you can find. Even if you aren't aware of the identities of other witnesses, at a minimum, you and the other driver are witnesses and will both be present at trial. At trial, you will both likely have to testify, so you can get much of what you probably need out of you and the other driver. Also, the police were called, there is likely a report, so you could use that to find more information about what evidence there may be, as well as calling the officer.

Customer: replied 4 months ago.
What if the collision occurred when my car was parked and no one was in it?
Expert:  texlawyer replied 4 months ago.

In that case, you should have a fairly easy case to prove. If your car was in a parked space, there is no possible way it could have been your fault. Your testimony alone that it was parked should be enough for you to recover.

Customer: replied 4 months ago.
But what's to stop the driver of the other car from saying that my car collided with
his/hers while parked and not the other way around?
Expert:  texlawyer replied 4 months ago.

Nothing, I suppose, but the marks on the car can usually serve as strong evidence of which car hit which. It's hard to say how that applies to your case since I haven't seen the damage.

Customer: replied 4 months ago.
in order to recover, I would need to get photos not only of my car but the other driver's as well?
Expert:  texlawyer replied 4 months ago.

It really depends on the damage to your car. If, for example, there was damage to the middle of your door or some other panel, that would be pretty indicative that you were hit, since you can't run into someone with the middle of your vehicle. Or, if there was a streak mark of paint left on your vehicle, that is usually indicative that you were hit, as opposed to you hitting someone else.

Expert:  texlawyer replied 4 months ago.

Is there something else I can do for you? If so, feel free to ask. If no, please remember to "Rate" my answer before you go.

Customer: replied 4 months ago.
What if the damage was limited to the front?
Expert:  texlawyer replied 4 months ago.

If the damage doesn't help, then it may just be limited to your testimony, which, if belived by the judge, can be enough to win a case.

Customer: replied 4 months ago.
I get where you are coming from. However, as I mentioned before, I was not present at the time of the accident so I'm not really in a position to provide a first-hand account of the accident's occurence.

Related Personal Injury Law Questions