Q: i wasnt given any issurance information from the other person nor the cop when i feel as if the other party who hit my
vehicle actually were over the speed limit on the road and i could of made my turn if he was going the speed limit since i was already turning and about half way in the turn when he hit the breaks and swerved side to side and then hit my truck on the side which spun my 2001 chevy silverado 4x4 2500 truck a complite 180 into the ditch next to the street i was turning into and he had if im not mistaking a ford f150 or a smaller chevy truck older model and he totaled both mine and his but i was the one who was givin to be at fault and givin a citation for not yeilding to row into approaching traffic turning left which i stated i was already turning when he slammed into my huge truck and spun me all the way around and into the ditch what should i do about getting information like his speed at the time he hit me and his insurance information i wasnt provided and how can i prove my case to the judge to show that if he wasnt speeding then the accident would of been avoided,& i could of turned
A:
1. First, it does not matter who was at fault in an auto accident, you are entitled to get the identification and insurance information of any other drivers involved in your auto accident. The law in Texas is that drivers are required to exchange this information - regardless of who the police feel who is at fault. See Texas Transp Code:
Texas Transportation Code Sec. 550.023. DUTY TO GIVE INFORMATION AND RENDER AID. The operator of a vehicle involved in an accident resulting in the injury or death of a person or damage to a vehicle that is driven or attended by a person shall:
(1) give the operator's name and address, the registration number of the vehicle the operator was driving, and the name of the operator's motor vehicle liability insurer to any person injured or the operator or occupant of or person attending a vehicle involved in the collision;
(2) if requested and available, show the operator's driver's license to a person described by Subdivision (1) . . .
2. You should contact a personal injury lawyer in your area to talk to them about liability issues - the issues you describe place you in a difficult situation that is hard to win - failure to yield is easier to prove than speed without eye witnesses or video helping you out.
If you received a citation - contact a criminal defense lawyer that handles traffic tickets.
If the police wrote a police report you can order a copy online at the Texas Department of Transportation here: https://www.txdot.gov/driver/safety/crash-reports.html
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