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Old 01-20-2006, 04:39 PM   #1
92talonTSI
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accident report question

i posted this in the Ask the Law forums, but i also wanted to get a quick opinion from you guys....heres the story:

the other day, i was hit by a truck. the speed limit on the raod is 25 MPH. when the cop asked how fast i was going i said "i was maybe doing 35-40 but im not sure"
i was not given a ticket or summons of any sort for speeding, and on the police report it says that, but it also says what i said above. the guy in the truck was the one who hit me and thats what its gonig to say on the revised report. am i at fault at all?

the cop also said when i was done talking to him "i wasnt there so i dont know" talking about my speed.
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Old 01-20-2006, 04:59 PM   #2
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what was the situation of the accident? Was he turning and hit you, did he merge and hit you, did he rear-end you?
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Old 01-20-2006, 05:05 PM   #3
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Quote:
Originally Posted by 97TurboDSM
what was the situation of the accident? Was he turning and hit you, did he merge and hit you, did he rear-end you?
he was crossing the road as i was going straight down the raod. he came across and hit my rear quater panel with his bumper.
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Old 01-20-2006, 06:53 PM   #4
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Based on your story, you're not at fault. While you were in the wrong to be speeding, your speed (40mph no, 60+mph yes) wouldn't explain his bad timing in crossing your lane.

A cop cant give you a ticket for traffic violations unless he/she or another officer witnessed the violation.
Like if I admitted killing someone, they still need to have some proof that I actually did kill that person before charging me with anything.

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Old 01-20-2006, 06:57 PM   #5
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Quote:
Originally Posted by 92talonTSI
he was crossing the road as i was going straight down the raod. he came across and hit my rear quater panel with his bumper.
Was he drunk? I've seen accidents like this before but most of the time the driver hitting the other person did so because he thought the other car was moving faster then it really was and turned too quickly. Or the car stopped infront of where the crossing car was moving to.
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Old 01-20-2006, 06:58 PM   #6
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Quote:
Originally Posted by Chair-Force
Based on your story, you're not at fault. While you were in the wrong to be speeding, your speed (40mph no, 60+mph yes) wouldn't explain his bad timing in crossing your lane.

A cop cant give you a ticket for traffic violations unless he/she or another officer witnessed the violation.
Like if I admitted killing someone, they still need to have some proof that I actually did kill that person before charging me with anything.
can they even get me at 50/50?
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Old 01-20-2006, 07:00 PM   #7
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i would be very surprised if you were given a ticket for anything and deemed "at fault" for this accident. the other guy clearly was not paying attention to his surroundings and should be held fully responsible
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Old 01-20-2006, 07:03 PM   #8
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Quote:
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can they even get me at 50/50?
Anything is possible but based on your side of the story, it's not very likely.
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