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texlawyer, Attorney
Category: Personal Injury Law
Satisfied Customers: 4829
Experience:  I have assisted many customers and clients with their personal injury questions and experienced in personal injury litigation.
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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: 1 year ago.
Category: Personal Injury Law
Expert:  texlawyer replied 1 year 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 1 year ago.
What if the collision occurred when my car was parked and no one was in it?
Expert:  texlawyer replied 1 year 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 1 year 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 1 year 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 1 year 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 1 year 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 1 year 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 1 year ago.
What if the damage was limited to the front?
Expert:  texlawyer replied 1 year 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 1 year 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.