Gaithersburg, MD asked in Car Accidents and Personal Injury for Maryland

Q: I was in an auto accident with no witnesses, Would a lawyer post signs at the intersection looking for witnesses?

Both drivers were found at fault because there were no witnesses. I was seriously injured; driving straight through an intersection, the other driver was turning left. He was uninjured. I never saw him.

3 Lawyer Answers

Mark Oakley

Answered
  • Personal Injury Lawyer
  • Rockville, MD
  • Licensed in Maryland

A: It seems like a highly unlikely strategy to locate a witness--someone who randomly might have seen the accident and who will also randomly drive through that same intersection and notice some sign you post as they drive past. Nothing stopping you trying it, and certainly if the accident happened along a busy commuter route during rush hour then you might increase your odds that the same drivers will pass through on their way to and from work. I don't see too many lawyers doing this for you, but you might try. Since the other driver was turning left, the question becomes whether the intersection was controlled by a traffic signal, and if so, whether the light was green or yellow (or "amber" per the code) for you, as opposed to red. Or, if the intersection was controlled by stop signs, etc. It's your word against the other driver. The responding police did not see anything so they cannot make a determination as to fault that will stick. If there was a traffic light, were there red light cameras at this intersection, which automatically photograph the intersection at every change of light to red? If so, you might immediately subpoena the appropriate custodian of the photos and secure the pictures before they're lost. As the favored driver, the vehicle turning left across your lane of travel has to yield the right of way to you. The only exception is if you ran a red light entering the intersection, or if you were speeding at such a high rate of speed that it was impossible for the other driver to recognize that you would reach the intersection before they could complete their turn after initially observing your vehicle at a distance that ordinarily would allow a safe turn under normal speed. Go over the details of your accident with a lawyer.

Eric Todd Kirk

Answered
  • Personal Injury Lawyer
  • Baltimore, MD
  • Licensed in Maryland

A: Your narrative recites there were no witnesses. Posting signs does not seem like an effective way to locate any. Having said that, you should really have an experienced personal injury attorney examine the liability determination you've been given by the police or by a claims adjuster.

Peter N. Munsing

PREMIUM
Answered
  • Personal Injury Lawyer
  • Wyomissing, PA
  • Licensed in Maryland

A: If he was turning left, he's usually at fault. A lot depends on where you hit. Not seeing him is a problem--he's not a stealth vehicle. So no more posting on any website, any social media. Feel free to call me and we'll discuss your next steps.

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