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I was in a 3 car collision on I35 on July 5,2017. The

Customer Question
Hello, I was in...

Hello, I was in a 3 car collision on I35 on July 5,2017. The traffic was bumper to bumper at approx 4 pm. I was hit from behind by a flatbed truck and it drove my car into the car in front of me. I have had my car repaired and the car in front had no damage. She had a tire on the back and I hit the tire which wrecked my the front of my car. The man who hit my car has now pled not guilty to the violation he received and has requested a jury trial. I received a subpoena to appear as a witness. It was continued and now I have received another subpoena to be a witness. My question is if he is claiming that he is not guilty, who is?

Lawyer's Assistant: What state is this in? And how old is the car?

Austin, Texas, I live in Kyle, and the car is 2012 Subaru Outback.

Lawyer's Assistant: Has anything been filed or reported?

I have a police report and my car has been repaired. The man who hit me got a citation at the site of the accident.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

When I got the first subpoena I emailed the prosecutor's clerk and she said I was not required to attend but than the case would probably be dismissed. I had said that I would attend but they continued the case. As I said before, now I have received another subpoena and I do not want to attend. Can I do that?

Submitted: 4 months ago.Category: Traffic Law
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Answered in 1 minute by:
12/7/2017
Traffic Lawyer: Loren, Lawyer replied 4 months ago
Loren
Loren, Lawyer
Category: Traffic Law
Satisfied Customers: 37,364
Experience: Former Asst State Attorney/Hearing Officer
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Thank you for using JA. I am Loren, a licensed attorney for over 30 yrs., and I am here to help.

I am a certified expert on JustAnswer since 2009, with nearly 100% in 5 star ratings. So, we should be able to work through your problem.

I appreciate your patience as I review your question. I will post my response shortly.

This is general information and no attorney client relationship is established.

The site may ask you if you wish to speak by phone for an extra charge. Many find the phone call to be the easiest and fastest way to get the information they need without posting on a public forum. I am also happy to continue online.

There may be a slight delay in my replies as I am assisting other JA customers also. I will reply to your follow up questions.

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Traffic Lawyer: Loren, Lawyer replied 4 months ago

Of course he caused the accident.

Unfortunately, it is not really legally relevant to his case who else might be guilty instead of him. You have stumbled in to the subtlety of the differentiation between cause and legal guilt.

In other words, it does not really matter in the court if he caused the accident. The real issue is can the state prove the charge in the citation. He is demanding, for now, that they prove his guilt beyond a reasonable doubt. That does not mean he will not eventually reach a plea agreement. His attorney is just looking to leverage the not guilty plea and jury demand for negotiation purposes.

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Traffic Lawyer: Loren, Lawyer replied 4 months ago

Are you still online with me?

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Customer reply replied 4 months ago
Credit card has been approved
Traffic Lawyer: Loren, Lawyer replied 4 months ago

I attempted to accept your phone call request and received the following message:

"Payment for this service failed, please do not fulfill yet. We will attempt to reach this customer to fix the situation."

If you can resolve the problem (it is usually just a matter of confirming with your bank or credit card that the charge is authorized) I look forward to speaking with you.

Otherwise, I am happy to continue online with you.

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Customer reply replied 4 months ago
please call credit card approved
Customer reply replied 4 months ago
I also have a visa do you want that instead
Traffic Lawyer: Loren, Lawyer replied 4 months ago

The site is not showing any change. So, I can not call you. I am happy to continue online if you want. Otherwise, you need to contact customer care.

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Customer reply replied 4 months ago
Checked with BofA MasterCard and has been ok'd for $59 charge. Please try again. Thank you.
Traffic Lawyer: Loren, Lawyer replied 4 months ago

I can not trigger the phone call on this end. The phone request has expired. You may need to make a new request.

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Traffic Lawyer: Loren, Lawyer replied 4 months ago

I do not see anything indicating a call request was accepted by any Expert here. So, your account has not been charged.

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