Q: I was at a stop sign and got Tboned when I proceeded into the intersection after looking both ways. It was difficult to
See to my left because of the sun glaring in my eyes. So I proceeded with caution by letting my foot off the brake. I didn't even touch the gas peddle yet when the other car hit me. A witness said I ran the stop sign going over 30. That's a lie because I stopped for longer then required and never even hit the gas. My back end of the car was still at the stop sign when she hit me. My question is, why do the witnesses have more weight In this then I do? I saw everything up to the point of getting hit. What the witnesses are saying is not true. And I'm being harassed by her insurance company to pay restitution. I feel this isn't right. What rights do I have?
A: It’s unclear to me whether you are criminally charged or just dealing with the insurance aspect of this. The insurance company should not be contacting you directly, instead their insurance company should be discussing the matter with your insurance company. Ultimately, the decision of who to believe here would be up to the fact finder - ie the judge or the jury at a trial.
A: Is there a criminal-traffic case? Or just a civil claim insurance issue? It sounds like a question looking for a complete solution. But that is just not possible in a web-based Q & A format. The most we can do here is suggest a direction or two to consider. First, notify your insurance company if that hasn't been done already. They should get you a lawyer to represent you in any civil damages claim. They won't get you a lawyer for any criminal-traffic court case. But if there is a criminal-traffic court case, then you should reach out to me or another criminal defense attorney for help. Witnesses are important, but accident reconstruction can involve other, better evidence as well.
Lucas Wynne agrees with this answer
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