I was hit in driver’s side when going about 10 mph by a car who said he was going 40 (and this is what accident report says) but the two owner had both cars and said impact was at least 50 mph. speed limit was 45 but I have no idea if this guy would say that in court.
I went to court and paid my ticket.
Today I got a subpoena for his criminal pretrial as a witness. It said if I am a victim and he is or pleads guilty, I may make an oral or written statement including asking for him to pay financial losses.
I have amnesia for the wreck due to concussion but it is a major intersection (flashing light) and I am sure I stopped as there all the time,,I do have a 3 second memory and saw him coming at a high rate of speed and I tried to floor it. I estimate he was going 50-70 mph. I believe he lied on speed as he had no license. I was never questioned by police. I incurred many financial expenses and physical injuries. I strongly feel he was traveling too fast for rainy conditions and
partly at fault. Will I be asked to say anything and is there any chance he will have to pay some of the expenses I incutrred or at least his own. Or is it 100% my fault. the police who came to me in er and said after investigation I was at fault for falilure to yield and ticketed and him for no license made a point to say he did not put I was at fault. I just assumed I was as noone knew how fast he was going..nor could I prove it after police wrote down he was 5 miles under speed limit. Is there anyway I might get some money from him to help defray the many expenses I incurred. I live below poverty line so this is a real hardship..had he not been driving illegally, it would not have happened. I will have to pay some medical out of pocket. Will I be allowed to say this to the court or am I assumed totally at fault
I live in Ohio BTW
I was told by the police that he did noty sday I was at fault but did ticket me for failure to yield. I have no clue if there were witnesses but I doubt it as it was 2 am and I saw few people. I was never asked a question by police..he said he investigated and the light was flashing so I did not yield but he never asked about speed and I was too injured at the time to know what I know now or verbalixe it..I was dazed and stuck in car for some time truying to figure out where I was and what happened with several fireman yelling and cutting off both door. Not one person who saw the car thinks he was only going 40..maybe I shpuld bring the pictures. I maybe should visit the two guy and see if he will write me a statement as to his opinion on speed..maybe if I explain I have no money to get medical treatment he will empathethic and give a statement which might throw some doubt the guy’s way as to his speed. The car has been demolished. I thiknk I may try that.
I am who I am–I was going ten or less as I had just stopped at the flashing light and was crossing the street..His street was 45 MPH speed limit and I was t boned, not driving too slow.
get a lawyer.
The truth nothing but the truth
After reading a little closer I believe you do need to consult a lawyer and tell the truth
Ask a lawyer about this. Dont trust random folks on something this important, especially since you hurt yourself.
Paying the ticket was the same as pleading guilty.
You took the punishment so now you will have a very hard time in civil court.
If he had no license at the time, it’s his fault, regardless of speed.
it should probably be his fault, but you will still be ticketed
even though he was the one that hit you, and you are the victim, you were caught, and thats going to be your fault,
but if you were going 10mph, in a 45 zone you may be at fault.
If I read right, the police report states that you were at fault, right? Well, that’s pretty much it in a nutshell in most cases the judge is going to depend upon that report more than your statements, especially since as you say you don’t remember.
Easy….The driver “without a license & no insurance” is
fully at fault.
The reasoning is that they had no right,permission,or reason to be driving on the street in the first place.
If they were not present,there would have been
“No Accident” Their “Unlawful” presence is what caused this collision.
Here in California we have “Hundreds” of accidents like this each “Day”.
We are overwhelmed with illegal immigrants,they have no ID and no insurance.In an accident they take off running,
(when possible),and are seldom caught.
To make things worse they are often Drunk Driving,”with” no license,no insurance,and can’t read the street signs.
Not every state does the ’20% at fault’, etc. bit. Even if they do, it depends heavily on what the police report says.
If you have good witnesses that the other guy was going faster, good- otherwise it is your word against his and the police report will be accepted as the truth.
Paying the ticket also basically says that you agree with what it said, so I am no sure you have much of a case at this time.
If you want money out of the guy you will basically have to sue him for it or convince your insurance company (if any) to go after him. You can see if a lawyer will take the case, but I would be willing to bet not.
Don’t know about Ohio, but it appears that, if the other party was driving legally, you would be “at fault” and responsible for the damages.
That being said, your insurance company will likely seek damages if the other party has insurance. If not, it is probably not worth the time and money on their part to pursue.
Some states have a “Victim’s Compensation Fund” which allows individuals to claim damages based on the criminal activities or negligence of another individual.
You should seek legal guidance if the financial hardship is worth the effort and expense. You are not likely to find an attorney willing to take this on a contingency basis, as the criminal party probably has no means to compensate you or the attorney.
If you describe things verbally the way you do in writing, then you’ll be of limited value in trial. You ramble.
Sit down and write the events in order of how they happened, as far as what you DO remember. The DA hopefully will work with you on how to properly testify; you will need that help to concisely explain what is relevant to the court.
Chances are you are correct and the guy should be held both criminally and be also liable for damages, at least in part. Good luck and get well soon. I had a bad concussion once and it did make it difficult for several months.
Insurance companies will fight over who’s at fault. If you were ticketed for failure to yield, that usually means that you were “at fault”. On an accident report, Driver 1 is at fault, so get a copy of the accident report and see if you are listed as driver 1 or 2.
If the other driver retains a lawyer, he can argue “comparable negligence” and try to get off light. If the weather was rainy that day, then yes weather is a contributing factor. Bottom line, if no witnesses seen the actual accident, then it’s just your word against his. It’s sad but true. The other driver was wrong to have been operating a motor vehicle without a license. Not to switch gears here but…last year I was involved in an accident where I had the right of way, not speeding and was broadsided in the passenger side by a pickup that was supposedly stopped at a Stop sign. He just pulled right out and hit me. The police officer cited the other driver for failure to yield…so he was at fault…right? I thought so, anyways there was a so called witness that said “yes this guy stopped at the sign and I think the other guy was speeding” What the heck? I don’t think this witness had a radar gun in his possession. Well the law states that who ever has the Stop sign must yield to ALL oncoming traffic. I thought it was cut and dry…he failed to yield…case closed! NOT! The other driver’s insurance company argued “comparable negligence” because the witness thinks I was speeding! This arguement went on and on for almost a year before I got fed up with it and settled for 80% of my claim. Lawyers……#@@&**&!!
P.S. Sorry to hear about your injuries and incurred financial expenses. Hope everything works out in your favor!