How to prove a stopped car really didn't stop?
Question Details:I was making a left hand turn in a residential area.There were 2 trucks blocking the view going into the lane.The front truck was illegally parked and had a expired tag. Right as I turned there was a car there and we collided.That car was at least a foot/foot and a half in the right lane where I was turning about two feet from the intersection.The driver of the other car didn't honk, blink his lights or anything. He testified to the reporting officer that he had completely stopped, though I doubt it. The other eye witness was the owner of the illegally parked truck with the expired tag also testified that he stopped. So as the one who didn't I got the citation. We're going to court in a few days. Is there anyway to prove he didn't stop or if he did stop that he didn't make the effort to warn me of any impending danger (which is required in the drivers handbook) or that the owner of the truck was to blame for obstructing traffic? I know that if you hit a stopped car you are libeled but with the other circumstance is there anyway to prove I wasn't driving carelessly?
Basically, there are three ways to try to prove this:
1) Witness testimony, including your own--though from what you write, most of the witness testimony is against you.
2) Photographic or video evidence, if any exists (i.e. did anyone film or photograph the location of the cars at the time of the accident?).
3) Expert testimony--sometimes an accident reconstruction specialist can determine who was where, doing what, after the fact, based on things like skid marks, the final resting places of the vehicles, etc. However, it may be too late if no one looked at the accident or preserved photographs, measurements, etc.--that is, there may be no evidence for the expert to work on--and these experts are very, very expensive anyway.
Attorney Quick Finder
Top Ranking Attorneys
- Tricia Dwyer 184 Answers | Points 3680 Silver Contributor
- Nathan Wagner 33 Answers | Points 1630 Bronze Contributor
- Stan Helinski 20 Answers | Points 650 Bronze Contributor
- Harun Kazmi 163 Answers | Points 640 Silver Contributor
- Maury Beaulier 9 Answers | Points 300
- Christopher Earley 5 Answers | Points 250
- Kevin Bessant 741 Answers | Points 37030 Platinum Contributor
- Hong Shen 562 Answers | Points 28100 Platinum Contributor
- Catherine Blackburn 566 Answers | Points 27770 Platinum Contributor
- Victor Waid 522 Answers | Points 26060 Platinum Contributor
- Cameron Norris, Esq. 416 Answers | Points 20550 Gold Contributor
- Anne Brady 228 Answers | Points 11400 Gold Contributor