Legal Question in Traffic Law in Texas

I pulled into a restaurant parking lot, realized I needed to back up slightly to avoid the drive thru line. I *definitely *looked behind me, no one was there as I had just pulled in. I reversed and already had my foot on the brakes, slowing, when another car hit me from behind. I had backed up 4-5 feet before this car hit my truck, so I anticipate that she was probably drunk (occured at 3am) or on her phone, or simply pulled in too quickly as most people do and did not realize I was backing up. She got out and claimed it was my fault, that I just "backed into her". She said we should not call the police, just exchange info. She accused me of giving her a fake ID, being drunk, and not being the owner of my truck, in a 5 minute period, after which I said, forget it, I'm calling the cops. It is on record that I was the person who reported the accident.

The cop showed up 2 hrs later and said it would be up to the insurance companies to "fight it out". Mine had lapsed and I'm being sued....What should I do? How can they prove I'm at fault considering the circumstances? No witnesses were present either, except we both had friends drive up right after the incident occurred and mine did witness her weird behavior as she kept walking up to us and asking him "what he was doing here".


Asked on 2/17/11, 7:44 am

1 Answer from Attorneys

Keith Engelke Law Office of S. Keith Engelke

Get a lawyer. Give him or her your witness's contact info.

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Answered on 2/18/11, 6:06 am


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