I was driving on the lane next to the exit ramp lane. I checked if any one was in the exit ramp lane and no one was in it only a car behind me. so I turn my signal light on and start to turn and when I am almost completely in the exit ramp my mother and my brother yell %26quot;watch out%26quot; and out of the corner of my eye I see a car coming from behind and speeding pass me from the right side and he managed to hit me on my right front panel just infront of the tire. he must of thought he had passed me and turn left to get back into the lane. When we parked our cars we met each other and he said %26quot; I am sorry bro I saw you but I thought I could make it%26quot; but then when the cops came he changed his story. He says that he had turned to the exit ramp and passed me then I turned then hit him. Think about this if he was in back of me, how in the world was he able the pass me with out speeding because the speed limit of the main lane is 60mph and the exit ramps is 50mph. I was going about 58-60mph before turning to the exit ramp so if he says he had passed me how can he explain appearing in front of me with out speeding remember he was in back of me and if he turned to the exit ramp he had to have started to reduce his speed. Still the cops gave me a ticket for an unsafe lane change and he gave the other driver a ticket for not having a license and it was not suspended or expired nor revoked he just had never taken the test before. I want to add for your better understandment that my car was insured but I was not covered by it. and he also did not have insurance. I also understand how it appeard to the police they did not see the crash so when they arrived all they saw was where the damage was and said that I was at fault. given what I just explained do I have a reasonable case to fight? The other driver either saw my signal but thought he could make it or was not paying attention and managed to get away with it becuase he had spead up and he managed to hit me from the front side yet LOOKED like I hit him.
also he said that he had passed me but that is not true because I would have heard and seen him passing and this is why... he had one of those annoying mufflers that people put on fast Streetcars sort of like %26quot;the fast and the furious%26quot; so I would have heard him because they attract your attention and plus my car does not have A/C so I had the windows down so I would have heard him even better also my mother and my brother would have seen him too...he was behind me when I was turning and I was already on the exit ramp when we crashed.
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Plus the metal from my bumper where we crashed has the metal tearing towards the front of my car, not dented inward, this proves that he passed me and when he hit my right panel his car riped my bumpers metal outward toward the front so if he says that i hit him, the metal would have been dented inward instead of outward right?
ALSo can an officer give me that unsafe lane change ticket even though he did not witness the supposed violation???????????
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he was also exiting the highway and yes he did admit(TO the Cops) that he was in back of me and turned towards the exit ramp but it had to be done illegaly though right.
CAN I win this in court?????????????
Civil court that is....
he wasn't already in the lane as I started to turned. he had stayed in the main lane while I was turning and I stopped chenking for cars because I was in the lane already when he came from behind me and passed me and managed to hit me.
the reason my mother and brother yelled %26quot;watch out%26quot; was because they are the ones that saw and heard him going pass me first, not because he was already next to me and I was going to hit him.
The state of texas has a proportional fault claim that says that if a driver get 51% or more of liability he cannot make a claim. He was the one that caused the crash since he was not giong at a safe speed and should have not made that move, so if he had gone the speed limit the crash would have never happened. making him 51%or more at fault right?
Your answer will be greatly appriciated.Who is to blame, car crash?That's' what driving on the public road (highway) means - looking out for the other idiot driver. Good thing your Mother and brother were there to keep you from hitting this idiot all the way. Next time get into that off ramp as soon as possible and not have to worry about being hit from behind. As bad as it for you, its' going to much worse for the other driver. Your statement that you'll be going to court %26quot;civil%26quot; implies that you intend to sue this other driver for your vehicles damages?Who is to blame, car crash?If there were no other witnesses (or cameras that taped the accident) and its your word against his, it will probably be a no fault accident. This means that neither driver is to blame for it and that you will have to repair your own damages and so will the other driver for their car. Also, if you where the one with the ticket, you are more likely to be at fault for the accident in the eyes of authorities and to your insurance company. So in short, I don't think that you could win in a civil court. As bleak as that is, you should be thankful that no one was seriously injured in the accident.Who is to blame, car crash?Well i am not the judge but you had 2 witnesses in your car, take it to court and make your argument's there and let them decide.
