Legal Question in Personal Injury in Texas

I was recently in a car accident and the officer who was at the scene failed to write down what I told him occured (the other person had her lights off so I was unable to see her when I was crossing the intersection at night, which made her hit me on the side). However he did write down everything that the other women said (That I went through a stop sign). I had 2 people with me at the time of the accident who also told him the same thing. I spoke with the officer and told him my situation, but he claims I never said any of this. Is there anything I can do about it, because now the insurance company is saying it was my fault and I have to pay for loss damages.

Asked on 6/25/12, 7:41 am

1 Answer from Attorneys

Roger Merrill Merrill & Associates

The officer's opinion is based on information contained in the accident report; therefore, it's not conclusive. Nonetheless, in an intersection accident without impartial witnesses, it comes down to a swearing match. Since she did not have a stop sign, she had the right of way. You can rebut that by saying her car was unlit. It's a difficult case to win since you would have the burden of proof to prove that her car was unlit. Even if you did, you still might be found partially responsible.

If you have liability and collision insurance, then it's probably best to let your insurance handle it. If your passengers were injured, have them call me.

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Answered on 6/25/12, 8:07 am

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